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Arizona Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Arizona on
Q: Can I file bankruptcy on a house I own with my ex?

I want my name off of the loan. He got the house in the divorce and agreed to take my name off the deed AFTER he refinances so the mortgages are in his name only. It has been 2 years and he still has not refinanced. Thank you!

Michael Gerity
Michael Gerity
answered on Sep 13, 2017

Hello. Understand that, if you file for bankruptcy, it would be as to ALL of your debts (or at least all of the dischargeable ones). A person cannot pick and choose which debts are included in a bankruptcy filing. You file for yourself, and you must list all of your debts. Any filer is then... View More

1 Answer | Asked in Bankruptcy for Arizona on
Q: What should I do if a creditor demands payment of a debt after I file my case?
Michael Gerity
Michael Gerity
answered on Sep 1, 2017

The first thing to do would be to send them a copy of your Notice of Filing, which you should have gotten from the court shortly after you filed. That SHOULD hold them off, because even if their debt is not dischargeable in bankruptcy, the creditor is subject to the automatic stay (assuming you... View More

1 Answer | Asked in Bankruptcy for Arizona on
Q: I have debt from before I was marrried. Can I file bankruptcy alone? And will it mess up my husbands credit

I am a stay at home mom, I don't work and haven't for the last 2 years. He makes 29,000 a year. Do I qualify for filing?

Michael Gerity
Michael Gerity
answered on Aug 9, 2017

Any spouse is free to file a separate bankruptcy. However, keep in mind that your spouse's income will be included in the calculation as to whether or not you are eligible to file a Chapter 7 (vs. a Chapter 13) bankruptcy. That may end up disqualifying you from a Chapter 7, which is... View More

1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Arizona on
Q: I have $100,000 in private student loans. I do not recall taking out these loans-I was on medication. Is there help?

I have been paying on these loans for about 11 years with 20+ years left. I am in my mid-30s and have not yet saved for retirement. The payments are about $800/month. The balances have never moved. I have no recollection of taking them out. These are private loans, not federal. Is there any help... View More

Michael Gerity
Michael Gerity
answered on Aug 8, 2017

As you may have heard, most student loans are very difficult to get discharged in a bankruptcy. You have to show "undue hardship" in order to get them discharged, and that has proven to be an extremely high standard to meet. This applies to most student loans, including ones from a... View More

1 Answer | Asked in Bankruptcy for Arizona on
Q: I am experiencing major credit card debt related to chronic illness and disability.

Should I pursue bankruptcy or is hardship due to my illness more appropriate?

I am on Medicare and Social Security disability. My disability income was determined from a two year

period where I attempted to return to work part time. I had previously held a good paying job until I... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Aug 2, 2017

There is really no reason not to file, but you should be sure that there is nothing you are missing or have some assets that would be at risk. Check with counsel there

1 Answer | Asked in Bankruptcy for Arizona on
Q: Can I apply for bankruptcy bought stuff about 3 month ago, having problems to pay, I'm on disabilty can I file
Michael Gerity
Michael Gerity
answered on Jul 28, 2017

Based on the few facts that have been provided, I don't see any reason that you couldn't file. Outside of a prior bankruptcy filing there is not a whole lot that precludes you from filing at all. What you face more often would be problems with being able to keep property, problems with... View More

2 Answers | Asked in Bankruptcy for Arizona on
Q: Need help can I apply for bankruptcy if I'm on disability?

I have under 10,000 in debt and want to apply for for bankruptcy but I am on disability, creditors are calling can't do payment please give advise!

David Earl Phillips
David Earl Phillips
answered on Jul 23, 2017

The fact that you are on disability would not prevent you from filing bankruptcy. You do need to see a bankruptcy lawyer to review your assets and see if you have any property that a bankruptcy trustee might take from you. It is also a small amount of debt to file bankruptcy on so a lawyer may be... View More

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1 Answer | Asked in Bankruptcy for Arizona on
Q: Can I apply for bankruptcy if I'm on disability?

I bought stuff 3 month ago and want to know if I can apply for bankruptcy total about ($9500) in debt was consolidating but can't do it. Please let me know

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jul 22, 2017

Yes, you can. The only thing with Disability is that is may or may not be part of your Means Test depending on the type of Disability. As for the purchases 3 months ago, it depends on what was purchased. If it was big ticket items, it may be seen as luxury and therefore not dischargeable, but you... View More

1 Answer | Asked in Bankruptcy and Tax Law for Arizona on
Q: What would a trustee need or do with a tax refund collected on a closed chapter 7 case?

My Ch. 7 BK closed in Aug of '16. My '16 refund was filed in Feb of '17. The trustee had my federal refund sent directly to him and is still requesting my state refund be sent. If the BK is closed, why would he be able to hold those funds and what would they be used for?

Michael Gerity
Michael Gerity
answered on Jul 21, 2017

A tax refund for the 2016 tax year would represent an overpayment of taxes throughout that year. As such, you were "owed" that money, or at least a portion of it, as of the time of your filing, which makes it part of your bankruptcy estate. The trustee would use any such estate funds to... View More

1 Answer | Asked in Bankruptcy for Arizona on
Q: What's the difference between liquidating and reorganizing debt?
Michael Gerity
Michael Gerity
answered on Jul 21, 2017

Okay, so your question is directly related to the difference between a Chapter 7 bankruptcy and a Chapter 13. A Chapter 7 bankruptcy is a "liquidation"-type filing. All of your dischargeable debt is liquidated, meaning it is discharged and the creditors can no longer collect on it. You... View More

1 Answer | Asked in Bankruptcy for Arizona on
Q: I have filed for Chapter 7 BK. If I cash a personal check at Walmart, will that be traceable? What about a LG sum?
Michael Gerity
Michael Gerity
answered on Jul 21, 2017

If you have already filed for bankruptcy, then why are you concerned about cashing a check? If the check was paid to you after the bankruptcy, then arguably it is not part of your chapter 7 bankruptcy estate at all. Now, if it is a payment for something you were owed before you filed, then it... View More

1 Answer | Asked in Bankruptcy for Arizona on
Q: I have 10,000 or less in debt and on disability been about 3 month ago that I bought stuff, can I apply for bankruptcy

Been on disability for 10 years can I apply, someone told me I couldn't is that true

Michael Gerity
Michael Gerity
answered on Jul 21, 2017

Hello. There is nothing in the limited facts that you have provided that would prohibit you from filing for bankruptcy. Perhaps the person who told you that was referring to the fact that your creditors likely cannot take your disability income from you to pay the debts--as such, if that is the... View More

2 Answers | Asked in Bankruptcy for Arizona on
Q: How long do you have to wait until applying for bankruptcy, when you bought some stuff.

Was not able to pay do to illness And excessive doctors appointments that cost too much. I'm on disability only.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 20, 2017

You should wait at least 90 days for big purchases, if normal everyday things 30 days

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1 Answer | Asked in Bankruptcy for Arizona on
Q: I cosigned on a vehicle for my son and now he is putting it into his bankruptcy. Will the lender come after me?

Also, will this affect my credit?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 14, 2017

Probably will come after you on the deficiency after they repossessed the vehicle.

2 Answers | Asked in Consumer Law and Bankruptcy for Arizona on
Q: I have an unsecured loan I defaulted on. No judgement yet, but letters from attorney. Can I bankrupt out of this?

I have an unsecured line of credit I defaulted on. They have not taken me to court to receive a judgement yet. I have only received letters from a lawyer stating they are going to proceed. Can I bankrupt out of this debt or do I have to wait until a court grants them a judgement?

Nels Hansen
Nels Hansen
answered on Jun 9, 2017

You do not have to wait until they obtain a judgment. Contact a local bankruptcy attorney and schedule a consultation. You need to know your options before you can make a decision on how to deal with the debt. Some individuals would file bankruptcy to discharge a $1,500 cable bill while others... View More

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2 Answers | Asked in Bankruptcy for Arizona on
Q: I filed chapter 7 and my creditor requested relief from automatic stay it was granted i filed 13 do I get a new stay

Auto loan

Mark Bredow
Mark Bredow
answered on May 12, 2017

The court's do not like having two separate bankruptcy cases open by a single debtor at one time. That said, filing a new chapter 13 case will impose a new automatic stay. Or, if you convert your existing Chapter 7 case to a Chapter 13 case, that would be a new order of relief and a new... View More

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1 Answer | Asked in Bankruptcy for Arizona on
Q: Is previously received SS money (direct deposit) excluded from Bankruptcy Estate in Chapter 7?

I am 73, literally own almost nothing, and my only income is Social Security. By living extremely frugally, and spending what other savings I had, I've been able to accumulate over $5,000 of SS payments in a bank account. The SS money has never been commingled with other money.

If I... View More

Nels Hansen
Nels Hansen
answered on Feb 2, 2017

Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or another legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for... View More

1 Answer | Asked in Bankruptcy and Divorce for Arizona on
Q: Can my ex-husband file bankruptcy on newly acquired debts after a divorce?

My husband wanted to file bankruptcy, but he heard in the state of AZ that the debts will just be transferred to the other spouse. However, in a divorce, if I convince him to take all of our debt, is he able to file bankruptcy on all of the newly acquired debt? Or is there some law that states... View More

Jay Hall
Jay Hall
answered on Oct 5, 2016

He won't acquire any debt during the divorce. Even if he assumed all of the *community* debt, that's debt he's already responsible for at this time. The family court can't transfer any of your sole and separate debt to him.

He can declare bankruptcy but for jointly...
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1 Answer | Asked in Bankruptcy, Family Law and Real Estate Law for Arizona on
Q: a jointly owned home is sold are any of proceeds of the sales excluded if the husband files for bankruptsy
Adam Studnicki
Adam Studnicki
answered on Feb 21, 2016

More info is needed to answer. Talk to a bankruptcy lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
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1 Answer | Asked in Bankruptcy, Collections, Consumer Law and Criminal Law for Arizona on
Q: Can I include my NSF returned checks from my checking account with my bankruptcy? in Az?

my TCF checking account is overdrawn 900 dollars in several returned checks from several different retail stores. i am also 22,000 dollars in debt with out making minimal payments. my concern however is with the TCF bank and the bad checks. I also have a criminal history with 2 prior historical... View More

Leonard Sominsky
Leonard Sominsky
answered on Nov 23, 2015

Although overdraft fees are an unsecured debt, the bankruptcy law specifically excludes NSF checks from being discharged. You should list the debt in the bankruptcy schedules anyway, but most likely the debt will survive. Also, if the NSF check is not made good quickly, the store MAY submit it... View More

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