Bankruptcy

Affordable BANKRUPTCY Lawyer Services in ARIZONA

ARIZONA Chapter 7 Bankruptcy ATTORNEYS

Filing an Arizona Chapter 7 bankruptcy provides debt relief for honest people in Arizona who are in over their heads with debt.  Chapter 7 bankruptcy is also referred to as a “Fresh Start” bankruptcy as it provides people, both white collar and blue collar, with a new, debt free start.  Many people find it difficult to keep up with credit card, medical debt, or other bills due to circumstances beyond their control; such as: job loss, illness,  divorce, or other circumstances beyond their control.

ARIZONA Chapter 13 Bankruptcy ATTORNEYS

Many people in Arizona do not qualify or have debt relief needs that aren’t able to be addressed by Chapter 7 bankruptcy. Therefore, filing an Arizona Chapter 13 bankruptcy  (Also called a Wage Earner’s bankruptcy) is an effective debt relief route. A Chapter 13 bankruptcy in AZ provides debtors the breathing room they need to pay back a portion of their debts over a 3-5 year period.  The Chapter 13 repayment plan is tied to what you can afford.

ARIZONA ZERO ($0) DOWN Bankruptcy ATTORNEYS

Our Arizona Zero Down Bankruptcy Attorneys are now able to offer individuals, couples, and families throughout Arizona immediate debt relief by filing an Arizona Chapter 7 Bankruptcy or Arizona Chapter 13 Bankruptcy for little or $0 money down.  After Filing bankruptcy, you make small monthly payments (that you can afford) to pay the rest of the bankruptcy. It’s easy to immediately stop creditors harassment with $0 Down bankruptcy in AZ.

ARIZONA DEBT RELIEF

TAKE CONTROL OF YOUR FINANCIAL FUTURE

Many people think of bankruptcy as a bad word, but in truth, bad things sometimes happen to good people.  Even the most fiscally responsible people can find themselves in a tight spot after being laid off from their job, going through a divorce, being injured, or suffering an illness.  Through no fault of your own, you can find your savings gone and yourself underwater financially.  If you are thinking about declaring bankruptcy in Arizona, do not hesitate to call our experienced bankruptcy attorneys in Tempe, Mesa, Chandler, and throughout Arizona.

If you need relief from debt, declaring BK may be the answer to your problems.  Whether you feel prey to a credit card with hidden fees and a high interest rate, or misfortune has taken your job, spouse, or health, you may find that the best way to get a clean slate is to file for a personal Chapter 7 or Chapter 13 bankruptcy.

You can start taking back control of your finances and rebuilding your credit score.  Though you can legally file yourself, it is not recommended.  Let our Arizona debt relief experts do the work for you.  With convenient law office locations we are the debt relief agents you seek.

My Arizona Bankruptcy Lawyers Can Help you with Debt Relief

A bankruptcy lawyer can guide you through the process and give you advice on how to save the assets you want and to discharge the debts you don’t in a Chapter 7 filing, or how to re-organize your debts to the most benefit in a Chapter 13 filing. The debt relief attorneys at My AZ Lawyers have the training and experience to advise you on the best course of action for your particular circumstances.  Each lawyer at My AZ Lawyers has experience in helping clients get debt relief.

If you are ready to learn more about how bankruptcy may be able to help you get debt relief and you live in Glendale, Phoenix, Gilbert, Chandler, Avondale, Mesa, or Tucson, My AZ Lawyers may be able to help you.

Call us or send us an e-mail to find out how an experienced debt relief lawyer may be able to help you start reclaiming control of your finances.  Call now and schedule a free consultation either in one of our local offices or via telephone.

Emergency Bankruptcy in Arizona

Same Day Bankruptcy Filings

Our Arizona bankruptcy attorneys can use Emergency Bankruptcy services to stop bank levies and liens,  sales of the family home, trustee sale or foreclosure sale, wage garnishments, and other disruptive estate or financial activities by declaring bankruptcy.  These emergent filings on your behalf  are done with very short notice.  Also, we offer these services throughout Arizona, including Maricopa, Pinal, and Pima Counties.

Our Arizona debt relief team offers same day bankruptcy filings.  Therefore, Contact Us to schedule a same day filing, either in office or by phone.  Plus, if you are in need of emergent legal representation, our Phoenix debt relief firm can help you by obtaining your information and do a same-day chapter 7 or chapter 13 bankruptcy filing.

Additionally, once you file for bankruptcy in Arizona, an automatic stay is put in place. An automatic stay is a very powerful bankruptcy tool.  The stay prohibits a creditor from any further collection or legal action.  Another benefit of  same-day bankruptcy filings is that they can prevent a foreclosure.   Plus, it can prevent a repossession.  Also, same day filing stop a wage garnishments.  Therefore, as you can read, there are a myriad of nd put an end to harassing contact by creditors to collect debt.benefits to filing your bankruptcy right away.

The Basics of Bankruptcy in Arizona

The Supreme Court of the United States created federal BK laws to give a new start to those in serious financial debt.  In order to provide new opportunities, the bankruptcy discharge releases debtors from liability from certain debt, and stops creditors from taking further legal action to collect that debt.  Thus, there are different types of bankruptcy cases (named by chapters) provided under the Bankruptcy Code.

Title 11 of the United States Code is The Bankruptcy Code:  a uniform federal law that governs BK cases.  Each state in the nation has one or more judicial districts.  Also, there is a bankruptcy court for each of these districts.  Additionally, a bankruptcy judge is the official of the court.  Any matter concerned with a federal bankruptcy case is decided by the judge.

In addition, a person filing has limited involvement with the judge.  A meeting of creditors, also called a 341 meeting of creditors, is a formal hearing in which a debtor appears before the court.

Part of the bankruptcy process is administrative business which is conducted in a courthouse. Sometimes a case is overseen by a trustee.

THE PROCESS OF BANKRUPTCY IN ARIZONA

Best Arizona Bankruptcy Lawyers

The filing process in Arizona is complex and requires knowledge of the bankruptcy law and code.  Therefore, to assist you in declaring BK, it is important that you consult with an attorney who is experienced in debt relief filings in Arizona.  An attorney who is truly invested in helping a client  provides him/her with information. Additionally, it is also important to understand the process, legal implications, and options when making decisions that will affect your financial future.

infographic: the Arizona bankruptcy process, Phoenix BK Attorneys.

GET THE BEST DEBT RELIEF REPRESENTATION IN ARIZONA

A great BK attorney needs to be trusted, knowledgeable of the Arizona Bankruptcy Code, and capable of providing the expert legal services to suit your needs.  My Arizona Lawyers will analyze your financial situation, communicate your options, give honest advice, prepare your BK petition, review the process, attend court hearings, take any legal actions necessary to the success of your case, and follow up with you regarding your case.  Additionally, our Arizona law firm even offers assistance with clients who have completed the bankruptcy process, received a discharge, and need help rebuilding credit in the post-bankruptcy stage of the process.

ESTABLISHING A CLIENT RELATIONSHIP

Therefore, when looking for an attorney, seek an attorney who is not only qualified to do the job, but one with whom you feel comfortable. My Arizona Lawyers believes in establishing a foundation of trust and professional legal service.  Also, our goal is to provide affordable legal help to people in Phoenix, Tucson, Mesa, Glendale, Avondale and surrounding communities in Arizona.  Besides being cost-effective, our bankruptcy law firm has experienced lawyers and staff to better serve.

Furthermore, when hiring an experienced bankruptcy lawyer, you should be able to feel free to ask questions and you should also expect to get answers that you can understand.  From our Phoenix law firm you can expect information, feedback, and a staff that works with you.  More than likely, the outcome of your case depends on a competent lawyer and a team on which you can depend.  Call our Arizona Legal Team today.

Chapter 7 vs. Chapter 13 infographic

CHOOSE THE BEST METHOD OF DEBT RELIEF FOR YOU IN ARIZONA

CHAPTER 7 VS. CHAPTER BANKRUPTCY FILING

After conferring with an attorney and assessing your debt situation, if declaring bankruptcy is the best means for your case, choose the best chapter of BK that is best for your financial goals.

With the assistance of an experienced debt relief law firm, review all your options, and begin the process toward a fresh start.  Therefore, there are different reasons why clients file Chapter 7 or Chapter 13 BK. 

Therefore, each chapter provides different protections and protections when eliminating debt.  However, these variances within the bankruptcy chapters are best explained by knowledgeable Phoenix bankruptcy lawyers.

Contact My Arizona Lawyers to schedule a FREE DEBT EVALUATION and CONSULTATION with an attorney experienced in Chapter 7 and Chapter 13 Arizona bankruptcy law. An attorney will hep you establish which chapter filing is best for your specific debt situation.

BANKRUPTCY CREDIT COUNSELING

Any debtor filing for BK must take credit counseling.  This must be done within six months before filing bankruptcy in Arizona.  A financial management instructional course must be completed after filing for Chapter 7 or Chapter 13 bankruptcy.  You may have questions regarding these mandatory courses.  One of our Arizona bankruptcy attorneys would be glad to give you more information.

AUTOMATIC STAY

An automatic stay goes into effect immediately upon filing for bankruptcy with the court.  Therefore, an automatic stay is a very powerful tool and beneficial to those filing.  The automatic stay stops bill collectors and creditors in their tracks. 

The automatic stay stops creditors from contacting or harassing you regarding your debts.  It is actually illegal for them to contact you once they have been given proper notice of your filing.  We can stop creditors from harassing you!  Additionally, the automatic stay stops any foreclosure proceedings and any legal action against the debtor.  It is also helpful in most repossession cases.

THE BANKRUPTCY TRUSTEE

A trustee will be appointed to your case but the bankruptcy court. When you file your petition for bankruptcy, the court assumes legal control over your debts. Any property or assets not covered by Arizona exemptions is also handled by the trustee.  The trustee conducts a thorough review of your paperwork. It is the job of the trustee to make sure that the assets you have and exemptions you claim are legit.  This person also is responsible for paying your creditors when possible.

BANKRUPTCY PREPARATION

Part of the BK Process completing forms. Specific paperwork filed with the court is required. An attorney and legal staff will assist in this matter. You must provide information pertinent to the bankruptcy including expenses, income, assets, and debts. Next, the attorney will prepare forms needed by the court based on the accurate information you provide. Because all required documents need a timely filing, it is so important that you enlist the help of an expert in Arizona BK Law.

FILING THE BANKRUPTCY PETITION

An initial bankruptcy petition is filed. There may be additional forms needed by the court or trustee. Meeting the deadlines for submission of these forms is important so that there are no delays in the process, consequences, or case dismissal. My AZ Lawyers know the procedures, the necessary paperwork, rules, and timelines.

BANKRUPTCY HEARING (341 MEETING OF CREDITORS)

The meeting of creditors, also called a 341 hearing, is a mandatory court appearance.  After filing the BK petition, the debtor is required to be at this court hearing. Your Arizona Chapter 7 attorney may need to attend additional hearings on your behalf, depending on the specifics of your case. My AZ Lawyers will let you know all about what to expect at this meeting of creditors, and prepare you fully for your appearance in court. Our attorneys will provide you with the proper legal representation at this hearing. Basically, it is a time in court for any motions or objections filed by a creditor, the trustee, or the debtor.

COMMON FALLACIES ABOUT FILING FOR BANKRUPTCY

Myths and Truths Regarding Bankruptcy in Arizona

Here are a few of the most popular Myths and Fallacies regarding Bankruptcy.

The Arizona Bankruptcy Attorneys at My Arizona Lawyers realize that there are a myriad of reasons that people have to file for bankruptcy protection.  The process of filing for bankruptcy in Arizona is complex.  This is made even more difficult with the many myths and fallacies out there.  In the following, our knowledgeable Maricopa County Bankruptcy Attorneys dispel common bankruptcy myths.

After Filing Bankruptcy, you will never be able to get a credit card.

BANKRUPTCY TRUTH:  While you won’t be able to get or use a new credit card during your bankruptcy, you will likely receive multiple offers for new lines of credit once your bankruptcy is discharged. You should be cautious about the terms and interest rates of the offers, but opening a new credit card can be a good way to rebuild your credit after a bankruptcy. You may also open a secured, or prepaid, credit card through your bank, which will also help rebuild your credit.

Everyone will know if you declare bankruptcy.

BANKRUPTCY TRUTH: While it is true that bankruptcies are a matter of public record, if you have never searched the bankruptcy dockets, it’s likely that the same can be said for your friends and acquaintances. Only certain people will be notified of your bankruptcy filing, like your cosigners, creditors, and if you intend to break your lease through the bankruptcy, your landlord.

You will be fired from your job for filing bankruptcy.

BANKRUPTCY TRUTH: Your employer can’t fire you for filing bankruptcy, or for receiving a first writ of wage garnishment. You can be legally terminated for a second wage garnishment. Future government employers may not discriminate against you for your prior bankruptcy, but private employers can.

You can file bankruptcy as many times as you want.

BANKRUPTCY TRUTH: While theoretically, there is no limit to how many times you can file bankruptcy, there are restrictions on how many years you must wait to file again after a successfully discharged bankruptcy. You must wait 8 years from the filing date of a Chapter 7 to file Chapter 7 again, and 4 years to file a Chapter 13. If you previously filed Chapter 13 bankruptcy, you will need to wait 2 years to file Chapter 13 again or 6 years to file Chapter 7.

The is a minimum amount of debt that you need to have to be eligible for filing bankruptcy.

BANKRUPTCY TRUTH: There is no minimum amount of debt necessary to qualify for bankruptcy. A bankruptcy attorney can help you determine how much of your debt is dischargeable, which chapters you qualify for, and if you will be able to keep your property so you can decide if filing bankruptcy is worth it for you.

If you’re married, both spouses must file bankruptcy.

BANKRUPTCY TRUTH: There is no requirement that a married couple must file a joint bankruptcy. However, if you live in a community property state, there is a good chance that you could be held liable for debts that are in your spouse’s name. Your best bet is to consult with a bankruptcy attorney who is familiar with community law to determine if it would be better for you to file together or separate.

Filing Bankruptcy will wipe out ALL of your debts.

BANKRUPTCY TRUTH: Many debts can’t be discharged in bankruptcy. Familial obligations, like child support and spousal  maintenance, are nondischargeable and exempt from the Automatic Stay. Student loans are nondischargeable in the vast majority of bankruptcies, and taxes must meet certain requirements to be discharged. If you keep a financed asset through a bankruptcy, the debt attached to it won’t be discharged (with the exception of some junior mortgages in a Chapter 13 bankruptcy). Certain lawsuit judgments are also nondischargeable in bankruptcy.

You will lose your home and all of your possessions if you declare bankruptcy.

BANKRUPTCY TRUTH: For Chapter 7 bankruptcy filers, assets and possessions can be kept if they are eligible for protection by applicable state or federal exemptions. For example, the homestead exemption in Arizona is $150,000. You may keep a home worth more than $150,000 if you have mortgages and other obligations against the home that bring the equity to $150,000 or less. You may have up to $6,000 equity in your vehicle, $300 in your bank account, $500 of clothing, and more. Consult an attorney to see if your asset of concern would be protected, and how the exemptions are affected for married filers.

If you work, you can’t file bankruptcy.

BANKRUPTCY TRUTH: To qualify for Chapter 7, you must either make less than the state median income level for your family size or pass the Means Test. Both spouses’ income will be averaged over the past six months, regardless of if it is an individual or joint filing. The median income for a family of four in Arizona is $86,950. The Means Test deducts mandatory expenses from average income to find disposable monthly income. If the debtor’s disposable monthly income is within a certain range, they will qualify for Chapter 7.

If the debtor doesn’t qualify through either method for Chapter 7, they usually qualify for Chapter 13. In Chapter 13, the debtor’s disposable monthly income will be used to calculate a payment plan that will last 3-5 years. If the debtor can pay off all mandatory categories of debts in the payment plan, and doesn’t have more than $419,275 in unsecured debts and $1,257,850 in secured debts, they will qualify for Chapter 13.

If you are going to file bankruptcy, you might as well max out those credit cards.

BANKRUPTCY TRUTH:  Credit card purchases for nonessential items immediately before the bankruptcy may not be discharged. For example, luxury purchases of $725 or more are nondischargeable if made 90 days or less before the bankruptcy filing. Cash advances of $1,000 or more are nondischargeable when made within 70 days of the filing. The trustee will analyze your petition to make sure you didn’t fraudulently incur debt with the knowledge that you would soon discharge it in bankruptcy. Your creditors may also start advocacy proceedings against you if you attempt to max out your credit cards right before bankruptcy.

THE BANKRUPTCY DISCHARGE

After fulfilling all requirements of a bankruptcy and completing the process, a discharge is granted by the court.  The debtor is not required by law to repay any debts owed that have been discharged through bankruptcy.  Also, a creditor may not take any further legal action against, nor make any attempt at contacting the debtor.  A discharge is the permanent order preventing creditors from taking any actions to collect a discharged debt. Once a BK is discharged, the debtor is released from any personal liability for certain debt.

A bankruptcy discharge will be granted typically if there is no objections or litigation involving the discharge.  The attorney as well as the debtor will receive copies of the order of discharge.  The debts that are discharged vary under each chapter of bankruptcy code.  Consult with your Arizona Chapter BK attorney as to what the Arizona BK exemptions are and which kinds of debt can be erased.

Pie chart showing bankruptcy filings in Arizona

HOW TO FIND THE BEST ATTORNEY TO ASSIST YOU IN THE BANKRUPTCY FILING PROCESS

Before Arizona residents seek out assistance for a BK, they often go in search of the best debt relief lawyers in their area.  Of course it is imperative to have the right attorney to represent you in your quest for a fresh financial start.

First, take advantage of the free consultation and debt evaluation offered by My Arizona Lawyers Law Firm.  In office or by phone, you will be able to meet with an attorney.  In this initial consult, you will be able to find out more about the firm, the cost of filing, and the Arizona Debt Relief team.  You will be able to ask questions about the specifics of your case and seek some advice from an experienced, trusted professional.

REASONABLE FEES AND COMPETENT ATTORNEYS

My AZ Lawyers has competent attorneys.  Driven by their expertise in Arizona Law and confidence in the bankruptcy process, My AZ Lawyers can deliver on expert bankruptcies and debt relief legal services.  When you call to make an appointment for a free debt evaluation, find out what a typical fee is going to be for a Chapter 7 or Chapter 13 case.  Also, our law firm provides affordable legal service for Arizona.

Choose a lawyer who will communicate effectively and give you an idea of his/her availability.  Our attorneys and debt relief staff will handle the routine aspects of the process, and make sure that someone is accessible.  It is also important to our clients to be able to easily schedule appointments and get phone calls returned.

infographic: Why choose My AZ Lawyers?, Arizona Bankruptcy Lawyers, Bankruptcy Attorneys Phoenix.

Choose An Arizona Bankruptcy Attorney You Can Trust

EFFECTIVE ATTORNEY-CLIENT COMMUNICATION

You need clear, honest, accurate answers when trying to achieve financial freedom.  Clients rely on the legal staff to take charge of a case and provide desired results.  It is also in your best interest to participate fully in your case and to feel comfortable with the attorney who represents you.  After retaining an experienced attorney, you should feel confident that your attorney can offer answers to you at anytime you have questions regarding your case.

SOUND LEGAL ADVICE

Your attorney should hear your goals for your particular debt issue and make judgement and recommendations for your specific needs.  My AZ Lawyers can outline the exact services provided by our Arizona Legal Team.  At our law firm, you can expect legal advice that is in the best interests of your case.  Our experienced Arizona attorneys will provide information about what you can expect from the entire bankruptcy process, and how to use BK protection to achieve your financial goals.  Additionally, what type or chapter of BK is also an important decision when managing debt.

You should be cautioned by a lawyer if there may be any risks or difficulties that you may encounter through the course of your case. Setting clear expectations and giving solid information about the process is part of what makes our law firm successful in representing clients in Arizona.

ARIZONA BANKRUPTCY EXEMPTIONS

Arizona law details the property that you can protect, or exempt, from creditors when you file.  There is a listing of exemption categories, and dollar amounts.  Thus, certain debts may not be wiped out in a Chapter 7 or Chapter 13 filing.  Exempted property, however, you may be able to deep after you file bankruptcy.  Some debts that cannot be erased in a bankruptcy include alimony obligations or debts due to family support or back child support.  Also debts caused by driving while under the influence that involve death or personal injury can not be eliminated.  Nor can student loans, tax law fines or penalties, income tax debts, or debts you do not list in your bankruptcy paperwork.

The experienced Arizona attorneys at My Arizona Lawyers are experienced in Arizona BK law.  They know the exemptions and can help with exactly which debts can be discharged and which assets and properties can be exempted.  There are some specifics to the exemption laws like exemption limits, properties secured by loans, and valued assets.  Some federal exemptions may also apply.  Trust My AZ Lawyers to completely cover the Arizona exemptions covered under the law.  Additionally, our law firm will work to seek out the best resolution and benefits for your case.  What about non-exempt property?  To keep these, generally what happens is the debtor pays the trustee the value of this property.

THE DIFFERENT CHAPTERS OF ARIZONA BANKRUPTCY PROTECTION

CHAPTER 7 BANKRUPTCY

Chapter 7 is also known as a liquidation bankruptcy.  Basically, a trustee analyzes the assets of the debtor, liquidates them, then distributes money owed to creditors.  There are nonexempt properties in Arizona Chapter 7 cases, so in some cases, there may be no liquidation of the assets.  An individual who receives a discharge in Chapter 7 is released from all personal liability for certain debts.

THE BANKRUPTCY MEANS TEST IN ARIZONA

A bankruptcy applicant in Arizona must first complete a means test.  This is a part of the process to determine if you are even are eligible for filing Chapter 7 or Chapter 13.  An attorney can help you with this test that will determine whether or not you qualify for relief under Arizona Chapter 7 bankruptcy protection.  Basically the test shows if the debtor’s income exceeds a predetermined threshold.

CHAPTER 9

This filing is for municipalities: cites, towns, counties, school districts, villages, or municipal utilities.  Chapter 9 bankruptcy is basically a reorganization of debt.

CHAPTER 11

Usually, a debtor in a Chapter 11 is a commercial enterprise.  Filing Chapter 11 is also referred to as reorganizing debt.  Thus, when the debtor wishes to continue operating a business, reorganizing debt allows them to repay creditors through an approved plan.  After providing a disclosure statement, a plan of reorganization is created, and if approved by the creditors, is used to repay of portion of debts.  The repayment plan can also include other operations including asset recovery, or termination of contract.  A Chapter 11 process includes debt reorganizing and debt consolidation.

CHAPTER 12

The Chapter 12 bankruptcy process provides debt relief and protection to fishermen and family farmers with stable income.  A plan is proposed by the debtor to repay debts over a period of time.  Usually, the repayment is under three years.  A trustee is involved in a Chapter 12 bankruptcy.  The trustee distributes payments to creditors per an agreed plan.  A farmer or fisherman can keep operating a business while executing the Chapter 12 payment plan schedule.

CHAPTER 13

Chapter 13 is an option for bankruptcy designed to permit a debtor to keep assets of value.  It allows for a plan to repay creditors over a period of time.  If a debtor does not meet the requirements to file Chapter 7, then Chapter 13 filing is an option.  Once the payment plan is approved, a trustee is used to oversee the plan and make payments to creditors.  During the course of the payment plan, the debtor is protected from garnishments, creditor lawsuits or other actions.

CHAPTER 15

The goal of a Chapter 15 is to provide a uniform cooperation between the United States court system and authorities and the courts of foreign countries.  This filing promotes the protection and administration of cross-border insolvency cases.  It serves to protect the interests of creditors and debtors involving another nation.

A LAW FIRM ABLE TO HANDLE YOUR BANKRUPTCY

My AZ Lawyers has a reputation for successfully representing Arizona clients through the bankruptcy process.  This is so because the attorneys are familiar and experienced in the Arizona and federal BK laws.  My AZ Lawyers know the Arizona courts, judges, trustees, and procedures.

Commonly, the difficult decisions are made depending on if you file for Chapter 7 or Chapter 13 BK.  Our firm has the skills needed to handle your case.  We will update you on your case if necessary to ensure that you are informed if any issues should arise.  Our experienced attorneys provide updates and current information about any new or possible changing developments.

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