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Arizona Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Arizona on
Q: Do I need to include every 100 series form while filling chapter 7 per se, even if I doesn't apply to me?

For example, I am not facing a foreclosure so do I include that form in my petition and leave it blank, or simply not include it?

Timothy Denison
Timothy Denison
answered on Sep 28, 2023

Include and leave blank

1 Answer | Asked in Bankruptcy for Arizona on
Q: Im filing chapter 7 on Dec. No asset case & I pass the means test under $64k annual gross. However i must use up…

… my Allstate safe driving merchandise rewards program points must be spent before they expire Nov 1, to redeem close to $8500 in merchandise such as luggage, sunglasses, cutlery, & store gift cards alone worth close to $5k (Macy’s, Bloomingdale’s, Nike,etc). Will this ‘windfall’ of... View More

Timothy Denison
Timothy Denison
answered on Aug 11, 2023

Yes. You will have to list all property owned by you, but you may be able to use your exemptions to protect it all as well as distribute over the means test.

1 Answer | Asked in Bankruptcy and Divorce for Arizona on
Q: I am filing chapter 7 and am including 2 debts from more than a decade ago… a 2009 cell phone bill of $980 and…

…$7000 Military Star Credit Card debt. Both debts are individual accounts only in my name, but were acquired while married to my wife during yrs 4-6 of our marriage in AZ, a community property state. Both debts were personal items that I only purchased and used, and not shared such as clothes,... View More

Timothy Denison
Timothy Denison
answered on Jul 19, 2023

Unless your wife signed on them as guarantor ( instead of authorized user), the creditors can never go against her to try and collect the debt. Your discharge should end it all.

1 Answer | Asked in Identity Theft, Personal Injury, Bankruptcy and Copyright for Arizona on
Q: I am a victim of identity theft. Should I file for bankrupcy or go after those who have stolen, extorted, raped me

This is my problem. I am not able to get details.

Timothy Denison
Timothy Denison
answered on Jul 8, 2023

Prosecute the identity thieves.

1 Answer | Asked in Bankruptcy for Arizona on
Q: I am 64 looking for legal aid or pro Bono service for Bankruptcy. Chapter 7 .I am disabled on Social Security Disability

Any help Would be appreciated. Thank you so very much.

Timothy Denison
Timothy Denison
answered on May 20, 2023

Check with your local bar association or legal aid society. They maintain lists of pro Bono and reduced fee attorneys.

2 Answers | Asked in Bankruptcy for Arizona on
Q: small business needed to file bankruptcy

I have an SBA loan, payroll, rent and a couple of MCA loans that can be invalidated

Diane L. Drain
Diane L. Drain
answered on Mar 25, 2023

You posted this question using "I have an SMA loan, payroll, rent..." which means that you, as a human has those debts. But the title says "small business needed to file bankruptcy". I am not sure if you need advice regarding bankruptcy for you, or for your company.... View More

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1 Answer | Asked in Bankruptcy and Real Estate Law for Arizona on
Q: Is it considered abandonment if I move out of my house while in the process of selling?

My friend and I purchased a home together. We are co-owners. We are both on the title and mortgage. We're not married, but we were together for some time after buying the house. We're no longer friends, and are in the process of selling the house. I filed Ch.7 bankruptcy last year and the... View More

Timothy Denison
Timothy Denison
answered on Jan 28, 2023

No. They cannot. Get all your payment records together.

1 Answer | Asked in Real Estate Law, Bankruptcy, Civil Litigation and Collections for Arizona on
Q: When is it a good time to record a lis pendens on a property?

I recently filed a complaint in Superior Court against 4 defendants due to a fraudulent transfer of a property. Is it proper to record a lis pendens just after filing the complaint or is it best to wait until you receive an answer? I ask because I don't want to be civilly liable by clouding... View More

Timothy Denison
Timothy Denison
answered on Jan 23, 2023

File it now.

2 Answers | Asked in Consumer Law, Bankruptcy, Contracts and Collections for Arizona on
Q: Can/will credit card companies get a court order to place a lien on my potential newly purchased car?

I live in Arizona. During Covid I improperly managed my finances and developed a large amount of credit card debt ($30,000ish from about six credit cards). I defaulted on them and was sued by three credit card companies; all three won default judgments 2 years ago. One got a court order to withdraw... View More

Timothy Denison
Timothy Denison
answered on Jan 19, 2023

Anything you own or in your name is subject to the judgments snd liens granted to those creditors. You probably need a lawyer to help you negotiate these out.

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1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for Arizona on
Q: Can you change a sole proprietor business into an LLC in order to protect your personal assets after a judgment?

I won a judgment against a Defendant and she immediately changed her sole proprietor business into an LLC in order to transferred all of her assets there. This has been recently discovered and now explains why I have not been able to recover judgment. It was thought that once you've been sued,... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

The transfers you described are post judgment snd should be easily set aside as fraudulent transfers. You can ask the court in which you obtained judgment to set them aside.

1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for Arizona on
Q: Can you file a writ of garnishment against a debtors Zelle, Venmo or Cashapp? Is the process different than thru a bank?

The defendant/ debtor has avoided bank garnishments so far but I have been notified that they have a Zelle, Venmo and Cashapp. Can I finally garnished their account via this method or are there any issues involving this?

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Yes. You can use the same forms as you would for a bank but send the form to their central accounting centers, the addresses of which you should easily find online.

1 Answer | Asked in Bankruptcy, Business Formation, Business Law and Civil Litigation for Arizona on
Q: Def transferd all assets to LLC aftr judgment, can I gain access to LLC with a Default Judgment of new Complaint?

Won a judgment against defendant. The def had an LLC for their business but never used it in any way. It laid dormant since 2019 until my judgment. The original first year address has been outdated and out of commission. The Arizona Corp Commission has suggested this would be an Invalid LLC address... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

No. You would need to try to “pierce the corporate veil.” It is doable but difficult and a new default judgment or complaint would not be effective in so doing.

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Probate for Arizona on
Q: Is it possible to "Pierce the Vail of an LLC" that has an Invalid LLC address?

I won a judgment against a Defendant that has transferred all of their assets into an LLC they have never used until my lawsuit. The LLC was created in 2019 at a rented space for one year, but never actually used. The Defendant moved out of that location and never found another. The Defendant has... View More

Timothy Denison
Timothy Denison
answered on Jan 11, 2023

Probably not bc of an incorrect address although your description of the chain of events might give rise to setting aside all those asset transfers as fraudulent.

1 Answer | Asked in Civil Litigation, Bankruptcy and Collections for Arizona on
Q: Can you file a writ of garnishment (earning) against a Defendants LLC that is self-employed and sole member?

A Defendant has a judgment against them and immediately closes out personal bank accounts transferring all assets into a newly create LLC bank account. The Defendant is the sole member of her LLC and is self employed. If the LLC is basically her employer, can a writ of garnishment be filed against... View More

Timothy Denison
Timothy Denison
answered on Jan 9, 2023

Yes. Those are fraudulent transfers by the debtor that can be set aside.

2 Answers | Asked in Bankruptcy and Criminal Law for Arizona on
Q: Asking for assistance with recovering addict problems that have been haunting me for years. I cannot get a job because.

I cannot get a job because of my previous drug and theft records. MVD stops me from registering my car and DES is seeking payback of unemployment. Stuck between rock and hard place. I have been clean for approximately 3 years but does't seem to matter. I really need help with possibly getting... View More

Timothy Denison
Timothy Denison
answered on Jan 5, 2023

Check with your local bar association or legal aid society. They maintain lists of pro Bono and reduced fee attorneys who can help you.

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1 Answer | Asked in Divorce, Bankruptcy, Civil Litigation and Collections for Arizona on
Q: Couple commits fraudulent transfer of home, then divorces, do you name both to obtain jurisdiction of marital property?

I sued the wife in arbitration for breach of contract and won a six-figure judgment. The husband immediately transferred their home to try and prevent any recovery from the property. It's normal to name both spouses in a lawsuit to obtain jurisdiction over the marital community, however, when... View More

Timothy Denison
Timothy Denison
answered on Jan 3, 2023

You must include both husband and wife in your suit or it will fail.

1 Answer | Asked in Bankruptcy and Identity Theft for Arizona on
Q: Can I file for bankruptcy for debts not mine then sue for those debts?

My ex committed identity theft in my name, he opened multiple credit cards under my name and charged them to the max. Then he opened multiple phone accounts under my name. Then put a no contact restraining order out on me. I have creditors calling me and telling me I'm responsible for the... View More

Diane L. Drain
Diane L. Drain
answered on Jan 2, 2023

I am so sorry to hear about your situation. There are two issues: 1) a criminal act of forging someone's signature. 2) your liability (if any) to the creditors. For the first file a police report for identify theft. Contact the Attorney General's office for instructions on your rights... View More

1 Answer | Asked in Bankruptcy, Contracts, Personal Injury and Civil Litigation for Arizona on
Q: Is it possible to file a Writ of Garnishment on her Cashapp, Venmo or Zelle?

I won a judgment on a debtor and she completely zeroed out her bank account. This was made known when I attempted a Writ of Garnishment on her bank account that recently failed. She uses a Cashapp for her business. Is it possible to file a Writ of Garnishment on her Cashapp, Venmo or Zelle?

Timothy Denison
Timothy Denison
answered on Dec 19, 2022

Yes.

1 Answer | Asked in Bankruptcy, Foreclosure, Civil Litigation and Collections for Arizona on
Q: Is there a different type of writ of garnishment required to garnish the account of the defendants sister?

I've received credible information that the defendant is hiding a large amount of money owed to me within her sister's bank account. Is there a different type of writ of garnishment required to garnish the bank account of the defendants sister? How do I get around the defendants name not... View More

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

You cannot garnish the sisters account if you do not have a judgment against her.

1 Answer | Asked in Bankruptcy, Contracts, Criminal Law and Civil Litigation for Arizona on
Q: Is it possible to reverse the transfer of ownership due to fraudulent notarization?

I received a judgment in a lawsuit. The defendant transferred ownership of a newly Mercedes-Benz purchased just before a lien or writ of execution could be filed. The paperwork was illegally notarized by an out of state Notary. Is it possible to file a claim to reverse the sale and file a lien or... View More

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

All of the above.

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