Get free answers to your Bankruptcy legal questions from lawyers in your area.
I and my wife are the beneficiary of an irrevocable trust (the settlor is deceased). After speaking with the trustee/attorney, we chose to not transfer the title out of the trust until my wife and I felt comfortable. In addition, my wife and I live in the home (and have since before the trust was... View More 
answered on Jul 13, 2023
Have an experienced attorney in AZ examine your HOA covenants with a title examination of the residential property. Most probably, The Homeowner's Association enjoys written covenants in the real estate records that apply to each property and give it a right to impose the debt with priority... View More
This is my problem. I am not able to get details.
Any help Would be appreciated. Thank you so very much.
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.
Last year (in 2022), I filed a chapter 13 bankruptcy. At the time I filed, I did not qualify for a chapter 7 bankruptcy because the equity in my car was too high.
After I filed my chapter 13 bankruptcy, in November of 2022, the majority of voters voted yes on Arizona proposition 209 which... View More
answered on May 1, 2023
Mr. Denison's answer is not correct for Arizona, but it might be for his state. This is a much more complicated question than you realize. Prop 209 is being challenged. Plus Prop 209 (assuming it stands as is), will only apply to those bankruptcies filed after December 5, 2022. Depending on... View More
I obtained the interest in a one member owned LLC by Charging Order. The LLC contained tens of thousands of dollars, but the the bank disregarded the Order and allowed the member to close the bank account. The Order specifically stated my interest in the money within the account. The member no... View More
answered on Apr 23, 2023
A common charging order issued against a Bank holding funds in a bank account of a judgment debtor can render the Bank liable when it allows the account to be depleted by anyone other than the Court or without the consent of the judgment creditor -- in this case, you. I have successfully collected... View More
plan. I asked to surrender the car and the creditor was informed. Creditor has not taken the car. Can I get the title from the creditor with lien release?
answered on Mar 27, 2023
Great question, but it would be necessary to gather a lot more information in order to help you determine your rights. First - contact your attorney. They should know why you filed the bankruptcy and what you want to accomplish. If you did not use an attorney (good job getting this far because... View More
I have an SBA loan, payroll, rent and a couple of MCA loans that can be invalidated
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
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
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
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
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.
I filed Ch.7 bankruptcy in June 2022. I was able to keep my house. I was told I'm not liable for the mortgage/loan, but the bank can foreclose if it's not paid. I share the home with a co-owner. I want to know if I don't pay any of the mortgage, can the co-owner legally come after me... View More
answered on Jan 18, 2023
No one can take any action while the automatic stay is in place. Your co-owner should have been listed in the bankruptcy as a potential creditor which would preclude him from coming after you for the money although he may be within his rights to ask that it be sold.
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
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.
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?
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.
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
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.
My employer (E) has two small businesses (A and B) both 100% owned by E. Business A owes business B a significant amount of money for services accumulated throughout the years. However, E wants to protect the assets of A from any happenings relating to B. If B goes bankrupt will the creditors of B... View More
answered on Jan 16, 2023
A trustee in bankruptcy "steps into the shoes of the debtor". Consequently, a bankruptcy trustee is entitled to pursue and collect/liquidate any obligations to the debtor.
That's in a Chapter 7 case, where a trustee is automatically appointed.
In a Ch. 11, the debtor... View More
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
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.
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
answered on Jan 9, 2023
Yes. Those are fraudulent transfers by the debtor that can be set aside.
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
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.
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
answered on Jan 3, 2023
You must include both husband and wife in your suit or it will fail.
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
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
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