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SCOTTSDALE BANKRUPTCY LAWYER FAQ’s
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ANSWER:
A Chapter 7 eliminates unsecured debt. Basically, the goal of a Chapter 7 is to discharge types of debt in a short period of time. Debt that is typically erased in a Chapter 7 includes credit card bills, medical bills, personal loans, or utility bills.
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In a Scottsdale bankruptcy, as in any bankruptcy case, the role of the bankruptcy trustee is crucial. The bankruptcy trustee acts as an impartial party appointed by the Office of the United States Trustee to oversee the bankruptcy process, ensuring compliance with bankruptcy laws and facilitating the fair treatment of creditors and debtors. Let’s delve into the specific roles and responsibilities of a bankruptcy trustee in a Scottsdale bankruptcy:
Reviewing Bankruptcy Petitions and Schedules: One of the primary responsibilities of the bankruptcy trustee is to review the bankruptcy petition and schedules filed by the debtor. These documents provide detailed information about the debtor’s assets, liabilities, income, expenses, and other financial affairs. The trustee verifies the accuracy and completeness of these documents and may request additional information or documentation if necessary.
Conducting Meetings of Creditors (341 Meeting): The bankruptcy trustee is responsible for conducting the Meeting of Creditors, also known as the 341 meeting, which is a mandatory meeting where the debtor must answer questions under oath about their financial affairs. During this meeting, the trustee ensures that the debtor’s assets are accurately disclosed and determines if there are any objections from creditors.
Reviewing Exemptions: Bankruptcy exemptions allow debtors to protect certain assets from being liquidated to pay off creditors. The trustee reviews the exemptions claimed by the debtor to ensure they are in compliance with applicable bankruptcy laws. If there are any objections to the claimed exemptions, the trustee may challenge them, and the bankruptcy court will make a final determination.
Administering Non-Exempt Assets: If the debtor has non-exempt assets that are not protected by exemptions, the trustee is responsible for liquidating those assets and distributing the proceeds to creditors. However, it’s essential to note that Arizona bankruptcy exemptions are relatively generous, allowing debtors to protect significant assets, such as equity in a primary residence and retirement accounts.
Investigating for Fraudulent Transfers and Preferential Payments: The bankruptcy trustee investigates the debtor’s financial transactions leading up to the bankruptcy filing to identify any fraudulent transfers or preferential payments made to creditors. Fraudulent transfers involve the transfer of assets with the intent to defraud creditors, while preferential payments are payments made to certain creditors shortly before the bankruptcy filing. The trustee may seek to recover these assets for the benefit of the bankruptcy estate.
Mediating Disputes Between Debtors and Creditors: The trustee plays a role in mediating disputes between debtors and creditors regarding the treatment of assets, claims, and other issues arising during the bankruptcy process. The trustee works to reach mutually acceptable resolutions and ensure the fair treatment of all parties involved.
ANSWER:
When filing for bankruptcy in Scottsdale, Arizona, there are certain types of debts that typically cannot be discharged, meaning they cannot be eliminated or forgiven through the bankruptcy process. These non-dischargeable debts vary depending on the type of bankruptcy filed (Chapter 7 or Chapter 13) and include:
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Certain Tax Debts: Income tax debts that are less than three years old, as well as tax debts associated with fraud or evasion, generally cannot be discharged in bankruptcy. Additionally, property taxes and other specific types of tax obligations may also be non-dischargeable.
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Domestic Support Obligations: Debts related to alimony, spousal support, and child support cannot be discharged in bankruptcy. These obligations remain enforceable even after the bankruptcy process is complete.
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Debts Arising from Divorce or Separation: Certain debts incurred in connection with divorce or separation, such as property settlement agreements, court-ordered payments, and debts related to marital property division, may be non-dischargeable.
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Student Loans: In most cases, student loans are not dischargeable in bankruptcy unless the debtor can demonstrate “undue hardship” through a separate legal process known as an adversary proceeding.
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Court-Ordered Restitution: Debts arising from criminal restitution orders, fines, penalties, or other court-ordered payments resulting from criminal convictions cannot be discharged in bankruptcy.
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Debts for Personal Injury or Death Caused by Intoxication: Debts resulting from personal injury or death caused by the debtor’s operation of a motor vehicle while intoxicated cannot be discharged.
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Debts for Fraudulent or Willful Misconduct: Debts incurred through fraud, embezzlement, larceny, or other willful and malicious acts may be non-dischargeable if the creditor can prove fraud or wrongdoing.
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Certain Debts Incurred Shortly Before Filing: Debts for luxury goods or services obtained within 90 days before filing for bankruptcy, or cash advances totaling more than $1,000 obtained within 70 days before filing, may be non-dischargeable.
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Debts Not Listed in Bankruptcy Documents: Debts that are not properly listed in the bankruptcy petition, schedules, or statements may not be discharged. It’s crucial for debtors to accurately disclose all debts to ensure they are included in the bankruptcy proceedings.
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Certain Criminal Restitution Orders: Debts arising from criminal restitution orders related to crimes such as fraud, theft, or other offenses against a victim may be non-dischargeable.
It’s important to note that this list is not exhaustive, and there may be additional types of debts that are non-dischargeable in bankruptcy. Additionally, some debts may be dischargeable in certain circumstances or under specific conditions. Consulting with a knowledgeable bankruptcy attorney in Scottsdale can provide personalized guidance based on your individual financial situation and help you understand which debts may be dischargeable in your bankruptcy case.
ANSWER:
When you file for bankruptcy in Scottsdale or Paradise Valley, Arizona, your bankruptcy case becomes a matter of public record. This means that certain parties will have access to information about your bankruptcy filing. While bankruptcy filings are not private, the extent of who will know about your bankruptcy may depend on various factors:
Creditors and Parties Involved in the Bankruptcy Process: Creditors listed in your bankruptcy schedules, as well as other parties involved in the bankruptcy process, such as the bankruptcy trustee and your attorney, will be notified of your bankruptcy filing.
Credit Reporting Agencies: The three major credit reporting agencies (Equifax, Experian, and TransUnion) will include information about your bankruptcy in your credit report. This information can remain on your credit report for several years, depending on the chapter of bankruptcy filed (typically seven to ten years).
Employers: While bankruptcy filings are public record, it is not common practice for employers to routinely check bankruptcy filings of their employees or job applicants. However, certain positions or industries that require financial responsibility or fiduciary duties may conduct background checks that include bankruptcy filings.
Landlords and Rental Agencies: Landlords or rental agencies may perform background checks that include bankruptcy filings when evaluating rental applications. However, whether a bankruptcy filing affects your ability to rent a property may vary depending on the landlord’s policies and individual circumstances.
Family, Friends, and Acquaintances: Unless you inform them directly, family members, friends, and acquaintances are unlikely to know about your bankruptcy filing unless they actively search public records.
Public Records Searches: Members of the public, including individuals, companies, or entities, can access bankruptcy records through online databases or by visiting the bankruptcy court clerk’s office. However, it is not common for individuals to routinely search bankruptcy filings of others unless they have a specific reason to do so.
It’s essential to understand that while bankruptcy filings are public record and certain parties may have access to this information, bankruptcy provides individuals with a fresh financial start and is a legal process designed to help individuals manage overwhelming debt. Additionally, there are strict privacy laws and regulations in place to protect individuals’ personal information and ensure that bankruptcy information is handled appropriately.
ANSWER:
Chapter 7 to Chapter 7 Bankruptcy: If you previously filed for Chapter 7 bankruptcy and received a discharge, you must wait eight years from the date of the previous Chapter 7 filing before you can file for Chapter 7 bankruptcy again and receive another discharge.
Chapter 7 to Chapter 13 Bankruptcy: If you previously filed for Chapter 7 bankruptcy and received a discharge, you must wait four years from the date of the previous Chapter 7 filing before you can file for Chapter 13 bankruptcy and receive a discharge. However, you may be eligible to file for Chapter 13 bankruptcy sooner if you paid back at least 70% of your unsecured debts in the Chapter 7 case and the court finds that filing for Chapter 13 bankruptcy is in good faith.
Chapter 13 to Chapter 7 Bankruptcy: If you previously filed for Chapter 13 bankruptcy and received a discharge, you must wait six years from the date of the previous Chapter 13 filing before you can file for Chapter 7 bankruptcy and receive a discharge. However, certain exceptions may apply if you paid back all of your unsecured debts or at least 70% of your unsecured debts in the Chapter 13 case and the court finds that filing for Chapter 7 bankruptcy is in good faith.
Chapter 13 to Chapter 13 Bankruptcy: If you previously filed for Chapter 13 bankruptcy and received a discharge, you must wait two years from the date of the previous Chapter 13 filing before you can file for Chapter 13 bankruptcy again and receive another discharge. However, certain exceptions may apply if you paid back at least 70% of your unsecured debts in the previous Chapter 13 case and the court finds that filing for Chapter 13 bankruptcy is in good faith.
ANSWER:
Yes, you can rebuild your credit after filing for bankruptcy in Scottsdale, Arizona. While bankruptcy does have an impact on your credit score and creditworthiness in the short term, it is not a permanent barrier to obtaining credit in the future. With responsible financial habits and proactive steps, you can gradually rebuild your credit over time. Here’s how:
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Understand Your Credit Report: Obtain copies of your credit reports from the three major credit bureaus (Equifax, Experian, and TransUnion) and review them carefully. Ensure that all debts discharged in bankruptcy are accurately reported as “discharged” or “included in bankruptcy.” Dispute any inaccuracies or errors on your credit reports.
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Create a Budget: Develop a realistic budget that prioritizes essential expenses such as housing, utilities, and groceries while allocating funds for debt repayment and savings. Stick to your budget to avoid accumulating new debt and establish healthy financial habits.
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Open a Secured Credit Card: Consider applying for a secured credit card, which requires a cash deposit as collateral. Secured credit cards can be easier to qualify for after bankruptcy and can help rebuild your credit when used responsibly. Make small purchases and pay your balance in full each month to demonstrate responsible credit management.
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Apply for a Credit-Builder Loan: Some financial institutions offer credit-builder loans designed to help individuals establish or rebuild credit. These loans work by depositing the loan amount into a savings account, and you make regular payments toward the loan. Once the loan is paid off, you receive the funds, and your on-time payments are reported to the credit bureaus, helping to improve your credit score.
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Become an Authorized User: Ask a family member or close friend with good credit to add you as an authorized user on their credit card account. Their positive payment history can be reflected on your credit report and contribute to improving your credit score.
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Pay Bills on Time: Pay all bills, including rent, utilities, and loan payments, on time each month. Payment history is a significant factor in calculating your credit score, so consistent, on-time payments can have a positive impact on your creditworthiness.
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Monitor Your Credit Score: Regularly monitor your credit score and credit reports to track your progress and identify areas for improvement. Many credit monitoring services offer free access to credit scores and reports, allowing you to stay informed about your credit status.
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Be Patient and Persistent: Rebuilding credit after bankruptcy takes time and patience. Focus on practicing good financial habits, maintaining a positive credit history, and gradually improving your credit score over time.
ANSWER:
Filing for bankruptcy in Scottsdale, Arizona, can have a significant impact on your credit score in the short term. However, the extent of the impact and the duration of its effects will depend on various factors, including your credit history, the type of bankruptcy filed, and how you manage your finances after filing. Here’s how a bankruptcy filing may affect your credit score:
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Initial Drop in Credit Score: When you file for bankruptcy, it is common to experience an initial drop in your credit score. The severity of the drop will depend on factors such as your previous credit history, the amount of debt discharged, and the type of bankruptcy filed.
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Chapter 7 Bankruptcy vs. Chapter 13 Bankruptcy: In Chapter 7 bankruptcy, most unsecured debts are discharged, while in Chapter 13 bankruptcy, you typically repay a portion of your debts through a court-approved repayment plan. Chapter 7 bankruptcy may have a more significant impact on your credit score initially, as it involves the discharge of debts without repayment. However, both types of bankruptcy will have an impact on your credit score.
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Duration of Impact: Bankruptcy filings can remain on your credit report for several years, depending on the chapter of bankruptcy filed. Chapter 7 bankruptcy can remain on your credit report for up to ten years from the filing date, while Chapter 13 bankruptcy can remain for up to seven years. However, the impact of bankruptcy on your credit score diminishes over time as you demonstrate responsible financial behavior.
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Rebuilding Credit: Despite the initial impact on your credit score, it is possible to rebuild your credit after bankruptcy. By practicing responsible financial habits, such as paying bills on time, keeping credit card balances low, and avoiding new debt, you can gradually improve your credit score over time.
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Credit Opportunities Post-Bankruptcy: While obtaining credit may be more challenging immediately after bankruptcy, it is still possible to access credit. You may be eligible for secured credit cards, credit-builder loans, or other credit products designed for individuals with less-than-perfect credit. By using credit responsibly and making timely payments, you can demonstrate creditworthiness and rebuild your credit score.
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Credit Counseling Requirements: Before filing for bankruptcy, individuals are required to complete a credit counseling course from an approved agency. Additionally, individuals filing for Chapter 13 bankruptcy must complete a debtor education course. These courses can help individuals understand how to manage their finances more effectively and may positively impact credit behavior in the long run.
While bankruptcy can have a temporary negative impact on your credit score, it is not permanent. By taking proactive steps to rebuild your credit and demonstrating responsible financial behavior, you can improve your creditworthiness over time in Scottsdale, Arizona. Working with a qualified bankruptcy attorney can provide guidance and support throughout the process of filing for bankruptcy and rebuilding your financial health.
ANSWER:
An experienced Scottsdale bankruptcy lawyer can provide invaluable assistance to individuals seeking debt relief by offering personalized guidance, legal representation, and advocacy throughout the bankruptcy process. Here are several ways in which a skilled bankruptcy attorney can help someone struggling with debt:
Assessment of Financial Situation: A bankruptcy lawyer will thoroughly evaluate the client’s financial situation, including their debts, assets, income, and expenses. By understanding the client’s unique circumstances, the attorney can determine whether bankruptcy is the best option for debt relief or if alternative solutions may be more appropriate.
Explanation of Bankruptcy Options: There are different chapters of bankruptcy available under the U.S. Bankruptcy Code, including Chapter 7, Chapter 13, and Chapter 11. Each chapter has specific eligibility requirements, benefits, and consequences. A knowledgeable bankruptcy attorney can explain the differences between these options and help the client choose the most suitable bankruptcy chapter based on their financial goals and objectives.
Preparation and Filing of Bankruptcy Petition: Bankruptcy involves extensive paperwork and legal requirements. A skilled bankruptcy lawyer will assist the client in preparing and filing the bankruptcy petition, schedules, and supporting documents accurately and in compliance with the law. This helps ensure a smooth and efficient bankruptcy process.
Protection from Creditors: Once the bankruptcy petition is filed, an automatic stay goes into effect, which prohibits creditors from taking collection actions against the debtor, such as lawsuits, wage garnishments, foreclosures, or repossessions. A bankruptcy attorney will communicate with creditors on behalf of the client and ensure that they comply with the automatic stay.
Representation at Court Hearings: Depending on the type of bankruptcy filed, the debtor may be required to attend one or more court hearings. A knowledgeable bankruptcy attorney will represent the client at these hearings, advocate for their interests, and address any issues or objections raised by the bankruptcy trustee or creditors.
Negotiation with Creditors: In Chapter 13 bankruptcy cases, the debtor proposes a repayment plan to repay a portion of their debts over a specified period. A bankruptcy attorney can negotiate with creditors to obtain favorable terms for the repayment plan, such as reducing interest rates or extending the repayment period, to make the plan more manageable for the debtor.
Protection of Assets: Bankruptcy exemptions allow debtors to protect certain assets from being liquidated or sold to repay creditors. A skilled bankruptcy lawyer will help the client utilize applicable exemptions to protect their assets to the fullest extent allowed by law.
Post-Bankruptcy Counseling: After the bankruptcy discharge or completion of the repayment plan, a bankruptcy attorney can provide guidance on rebuilding credit, managing finances, and avoiding future financial difficulties. This includes advice on budgeting, credit repair, and responsible use of credit.
Overall, an experienced Scottsdale bankruptcy lawyer can provide comprehensive legal assistance and support to individuals seeking debt relief, guiding them through the bankruptcy process and helping them achieve a fresh financial start. By enlisting the services of a knowledgeable attorney, debtors can navigate the complexities of bankruptcy with confidence and peace of mind.
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Lawyers to stop a foreclosure in Scottsdale, Arizona
If you are facing a foreclosure in Scottsdale or Paradise Valley, Arizona, an option to save your home may be to file for bankruptcy protection. Both a Chapter 7 or Chapter 13 bankruptcy, in order to save your home by stopping the foreclosure process. Additionally, a bankruptcy filing in Scottsdale stops collection efforts from the people foreclosing on your home or property. An experienced Scottsdale Foreclosure Attorney can help you save the family home. Please contact our Scottsdale Bankruptcy Office for additional details.
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Our Scottsdale bankruptcy law office is dedicated to helping the people of Arizona in times of extraordinary economic stress. Additionally, our Scottsdale bankruptcy lawyers understand that the decision to file for bankruptcy is not something to be taken lightly. We offer experienced assistance on both Chapter 7 and Chapter 13 bankruptcy filings in Scottsdale, Maricopa County, and throughout Arizona. Above all, declaring bankruptcy is difficult and can be overwhelming. The experience of a seasoned Scottsdale BK Attorney can make all the difference when your financial freedom is on the line. Make the right choice for you and your family. Contact our office today!
