Bankruptcy Services Tucson

Affordable Bankruptcy Attorneys in Tucson, Arizona

We have handled Arizona Bankruptcy for over a decade.  Our Tucson bankruptcy lawyers offer sound guidance for individuals and small businesses who are devastated by unpaid debts and other financial obstacles. Therefore, the first step toward finding a solution to your financial troubles is contacting My AZ Lawyers and discussing your situation with a Tucson bankruptcy lawyer.

TUCSON BANKRUPTCY FAQs

ANSWER:

If you are comfortable discussing it with others, you should ask friends or family members that have previously filed bankruptcy for attorney referrals. If no one can give you a referral, your next best bet is to online search for attorneys. The Arizona State Bar website should have an attorney search feature. Additionally, Google, Justia, and Avvo searches provide the benefit of client reviews. If you have an attorney for another matter such as divorce or employment, they may be able to recommend a Tucson bankruptcy attorney.

ANSWER:

Zero Down Bankruptcy in Tucson is a payment plan option our Tucson attorneys provide that allows you to pay for both your bankruptcy, court filing fee, and your legal representation fees after your petition is filed. Instead of paying your case in full our Tucson Debt Relief Firm allows you to get bankruptcy debt relief with no money down.

ANSWER:

YES! Both Chapter 7 and Chapter 13 filers in Tucson will need to attend a 341 Meeting of Creditors.  Not to worry, our Tucson Bankruptcy Lawyer will be right there with you at your hearing.
A 341 Meeting is your creditors’ opportunity to show up and ask questions about your bankruptcy petition. The trustee will also ask you about your case.  Out attorney will go through what questions are usually asked and give you more details about the hearing.

ANSWER:

Our Tucson bankruptcy team offers our $0 down bankruptcy program,  It has affordable payment plans that allow you to file for bankruptcy and get a fresh start while making modest payments.
You get to decide what your payment plan looks like in a $0 Down Bankruptcy. You will have one year after filing to pay off your balance at 0% interest. This can be down in weekly, bi-weekly, or monthly intervals. You can even choose which day of the month your payments are run, with the first payment being within 30 days of your filing date.
Additionally, your payments are positively reported to the credit agencies which assist in re-building your credit.  These positive reports to the credit agencies gives you a positive start in your Life After Bankruptcy.

ANSWER:

Yes– You can qualify for a Tucson Zero Down Bankruptcy regardless of your credit score. As a matter of fact, your credit score is not used when determining your eligibility for our $0 down program. We don’t use credit to determine $0 down eligibility since many people considering bankruptcy don’t have the best credit. Bankruptcy is a tool to help rebuild your credit, so bad credit shouldn’t be a barrier to filing.

ANSWER:

No!  You r can not be fired just because you file for bankruptcy.  The Bankruptcy Code prevents your employer from terminating your employment simply for filing bankruptcy. However, future potential employers may see your bankruptcy in a pre-hiring credit check. This may affect your ability to get jobs in sectors that require military clearance.

TUCSON CHAPTER 7 BANKRUPTCY LAWYERSChapter 7 bankruptcy attorney

Chapter 7 bankruptcy is the most common bankruptcy filing in Tucson.  Another key point, Arizona Chapter 7 bankruptcy protection allows debtors to keep exempt and essential assets while eliminating dischargeable debt.  Also, a bankruptcy means test indicates who is eligible to file Chapter 7. Our experienced Chapter 7 bankruptcy attorneys can help you get out of debt.

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$0 DOWN BANKRUPTCY IN TUCSON, ARIZONA$0 down bankruptcy program, Tucson bankruptcy Lawyers

Considering filing bankruptcy?  Call us about the zero down bankruptcy program.  Especially, if your decision includes needing a bankruptcy attorney, but you don’t know how to pay the legal fees up front (which bankruptcy filing requires).  Also, if you cannot afford to pay legal fees up front, be sure to call our Tucson Bankruptcy Lawyers (520) 779-0777 find out if you qualify for the $0 down program.

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TUCSON CHAPTER 13 BANKRUPTCY ATTORNEYS Chapter 13 bankruptcy attorney

A petitioner filing Chapter 13 Bankruptcy in Tucson reorganizes debt and develops a debt repayment plan.  In addition, the Ch 13 BK case is overseen by a bankruptcy trustee.  Given these points, Chapter 13 bankruptcy is beneficial for Tucson, Arizona residents who do not qualify for Chapter 7, or who wish to keep all of most of their property. Zero Money down for a fresh financial start. 

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Tucson Zero Down Bankruptcy Attorneys. Tucson Bankruptcy Lawyer

Tucson Zero Down Bankruptcy Attorneys

I know what you’re thinking…. Is This Really a $0 Down Bankruptcy Filing?”

What’s the catch?  How are you able to offer this?  YES, THIS IS REAL!  Here is how it works; First, a “skeleton” bankruptcy filing is filed for you at no charge.  Next, our bankruptcy services Tucson file the second part of your bankruptcy petition.  Our Tucson bankruptcy firm charges for the 2nd part of your bankruptcy filing.  However, you don’t have to start paying for your bankruptcy until 30 days after you file.  Then, you make simple monthly payments to pay off your bankruptcy.
Keep in mind, even a “simpleChapter 7 bankruptcy in Tucson is still a complex legal procedure that takes place in the federal courts.  Bankruptcy services Tucson believe that you should not try to file for bankruptcy protection without the assistance of an experienced lawyer.  Thus, our simplified “Zero Down BK” process makes it possible for people who may not be able to afford a bankruptcy attorney, now they have an option.   

Call (520) 779-0777 now to make sure to qualify.

Discount Bankruptcy Services Tucson

Time is of the essence when deciding if you should file for bankruptcy. Many of your financial situations are already dire and pressing, there is no time to waste when you have made the decision to do something effective about it. Thus, our Tucson bankruptcy lawyers from our Tucson bankruptcy law firm can assist you in determining how to resolve your financial situation and protect your rights through affordable debt relief.  Isn’t it time for a fresh start?  The Tucson bankruptcy lawyers from My AZ Lawyers can provide you a new start at a fraction of the cost of other Tucson attorneys.

My AZ Lawyers Bankruptcy Attorney Can Help – Best Debt Relief Options

Working with a My AZ Lawyer bankruptcy attorney can help you determine which option will be best for you to get the debt relief you need while also protecting your assets.  In addition, filing for bankruptcy is a complex process, and it is easy to make a mistake with the documentation if you attempt to handle it yourself or to use a document service.  In particular, a Tucson lawyer can help you file the paperwork properly and to help you find all the opportunities to get the best debt management plan for your circumstances.

As a result, you should stop feeling like your financial circumstances are beyond your control.  If you are struggling with debt, speak with My AZ Lawyers today for the best debt relief options in Tucson.  The bankruptcy services Tucson can help.  Call (520) 779-0777 for a FREE consultation.

Bankruptcy Services Tucson, Tucson Bankruptcy Lawyer

TUCSON BANKRUPTCY LAWYER

Therefore, when you need to stop a wage garnishment, end harassing phone calls from creditors, or even stop a foreclosure, you need an experienced attorney to take action immediately. My Arizona Lawyers offers a $0 Down Bankruptcy program, so filing for bankruptcy requires zero money out of pocket.  You pay zero money to wipe out debt.  In other words, zero money takes back control of your life.  Zero money down to stop the phone calls from creditors.  Zero money down to end a Tucson wage garnishment. Plus, Zero money down to retain a Tucson bankruptcy attorney who is dedicated to protecting your rights as a debtor.  Bottomline –  zero money down gets you out of debt!

Payment Plan Options to file Bankruptcy in Tucson – File Now Pay Later!

Filing a bankruptcy petition puts the Automatic Stay into effect. This means you have the protection of the bankruptcy court as soon as your case is filed. Why is this important?

The Automatic Stay prevents any creditor from collecting on a debt:

  • No collection attempts
  • No phone calls from creditors
  • Wage garnishment stops
  • Lawsuits
  • Stop a foreclosure

Because the Automatic Stay begins the moment the bankruptcy is filed, we understand that for some clients, an immediate filing is crucial. That’s why My Arizona Lawyers offers $0 down program as well as payment plan options. We make eliminating debt through bankruptcy affordable and possible for debtors needing the bankruptcy protection of the Automatic Stay.

TUCSON BANKRUPTCY MYTHS UNCOVERED

Myths and Truths Regarding Bankruptcy in Tucson, Arizona

Common Fallacies About Filing for Bankruptcy

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

The Tucson Bankruptcy Attorneys at My Arizona Lawyers realize that there are a myriad of reasons that people have to file for bankruptcy protection in Tucson.  Therefore, the process of declaring bankruptcy in Pima County is complex.  This is made even more difficult with the many myths and fallacies out there.  In the following, our knowledgeable Pima County Bankruptcy Attorneys dispel common bankruptcy myths.  Our Tucson debt relief lawyers tirelessly work to help individuals, couples, families, and businesses in Pima County file for bankruptcy protection.

BANKRUPTCY TRUTH:

There are time limits that will keep you from filing bankruptcy again as soon as your first is discharged. If you file Chapter 7 bankruptcy, you will need to wait 8 years from the filing date to file another Chapter 7, and 4 years to file Chapter 13. If you file Chapter 13 bankruptcy, you will need to wait 6 years from the filing date to file Chapter 7, and 2 years to file another Chapter 13.

BANKRUPTCY TRUTH:

If you file Chapter 7 bankruptcy, you can keep your home and car if they fall within your state’s bankruptcy exemptions, which are legal limits on how valuable your property can be while filing bankruptcy. If you file Chapter 13 bankruptcy, your car and house (depending on the jurisdiction in which you file) payments will be included in your payment plan, as well as any past-due balance. You will be protected from creditor repossession by the Automatic Stay while your bankruptcy is active.

BANKRUPTCY TRUTH:

It is better not just for you, but for everyone involved- creditors, the trustee, yoru attorney, etc.- if your bankruptcy is well-planned. You may need to time your bankruptcy around factors like income tax returns, a divorce, payday, and other factors. Making sure your bankruptcy is timed to avoid asset seizures and dismissals is encouraged, not illegal. However, maxing out your credit card on luxury purchases and cash advances in the period leading up to a bankruptcy is presumed to be fraudulent. Unless you can prove otherwise, those debts can’t be discharged in your bankruptcy.

BANKRUPTCY TRUTH:

Your bankruptcy will show up on credit checks in your future rental applications. However, debts are only discharged as of the date of filing, meaning your future rental payments can’t be discharged in your past bankruptcy. Our staff would be happy to provide future landlords concerned about your bankruptcy with a letter explaining this concept.

 

BANKRUPTCY TRUTH:

Your 401K, pension, and other retirement accounts will often be protected in bankruptcy. Assets can be protected in Chapter 7, up to a certain amount of equity known as an “exemption.” In Arizona, you can have $150,000 equity in your home and $6,000 equity in your vehicle. The vehicle exemption increases to one $12,000 vehicle or two $6,000 vehicles for married filers. There are additional exemptions for all types of personal property, like clothing, furniture, appliances, jewelry, books, musical instruments, tools, and more. Talk to a bankruptcy attorney in your area to make sure all of your assets will be protected.

BANKRUPTCY TRUTH:

Cashing in your 401K prematurely can cost you later on in taxes. If you try to pay your debts with your 401K and end up filing bankruptcy anyway, you will have wasted your retirement savings for nothing. Your 401K will most likely be exempt, or protected, in your bankruptcy, so you should at least consult with a bankruptcy attorney before withdrawing from your 401K.

BANKRUPTCY TRUTH:

Many debts aren’t eligible for discharge in Chapter 7 bankruptcy. Domestic obligations like child and spousal support can’t be included in your bankruptcy. Taxes may only be discharged if they have been due for 3 years, filed for 2, assessed at least 240 days prior, and no fraud was involved in the tax filing. Student loans are only dischargeable in rare, extenuating circumstances. If you have a money judgment or restitution against you for reckless conduct such as DUI, this also can’t be discharged in your bankruptcy.

BANKRUPTCY TRUTH:

All of your credit cards will be frozen by the Automatic Stay once your petition is filed. You will receive offers for new credit cards once your bankruptcy is discharged. You may either review and choose from these options, or open a secured credit card through your bank. This is a prepaid credit card that helps you rebuild credit post-bankruptcy without the risks and interest rates of traditional credit cards.

BANKRUPTCY TRUTH:

Some people will automatically be notified when you file bankruptcy, like your creditors and any cosigners on your loans. Your employer won’t automatically be notified, but you will need to inform your payroll department of your filing if your wages are being garnished. Other than that, your bankruptcy will be public information but anyone interested would have to specifically search through the bankruptcy docket for your case.

BANKRUPTCY TRUTH:

Student loans can only be discharged under very specific circumstances. Most courts use the Brunner Test, which has three requirements: poverty, persistence, and good faith. If you can’t pay your loans and maintain at least a minimal standard of living, your financial situation is unlikely to change, and you made a good faith effort to repay your loan, you may succeed at discharging your student debt in bankruptcy.

VIDEOS FROM TUCSON BANKRUPTCY ATTORNEYS

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Tucson Bankruptcy Services

Bankruptcy Services Tucson may become necessary as Tucson is a thriving city that has experienced steady growth thanks to employers like the University of Arizona and the local government.  Yet, there have been lean times for a lot of workers in industries outside of those mainstays.  Some individuals were furloughed or laid off and others were unable to find work in comparison to their qualifications.  Therefore, these individuals in Pima County are having to settle for lower-paying jobs.  Thus, some may have relied more heavily on their credit during those times, while others may have simply allowed certain bills to go unpaid.  All of these things are practices that lead to a rocky financial path.

Additionally, even good people can fall behind.  For example, even the most responsible people can run into trouble financially.  Therefore, bankruptcy provides the option for debt relief that some people need.  Given these points, consider Tucson bankruptcy services when facing the possibility of declaring bankruptcy in Tucson.

In particular, our Tucson bankruptcy attorneys have the experience and knowledge that will benefit you greatly.  Consider hiring our low cost bankruptcy services Tucson.  Call us now at (520) 779-0777 for a free consultation either by phone or in our downtown Tucson bankruptcy office.  Bankruptcy Services Tucson, we strive to make you debt free.

ARIZONA BANKRUPTCY CODE

Understanding bankruptcy is an important step to determining if bankruptcy is the right choice to eliminate your debt, and it can help you decide which chapter to file.  For example, when individuals or businesses owe more debt than they can pay, bankruptcy laws and rules assist with debt relief.  The filing of bankruptcy cases occur in a bankruptcy court; a federal court.  In addition, the federal laws that govern bankruptcy cases allow for debtors to liquidate assets to pay debt, or create a repayment plan to reorganize debt and pay back creditors over time.

Arizona bankruptcy laws offer certain protections to debtors who are needing to eliminate debt through reorganization or liquidation.  Thus, the bankruptcy code, called Title 11 of the United States Code, details these procedures.  Furthermore, the bankruptcy code is a uniform federal law that oversees all bankruptcy cases.  In addition, it has been amended several times since it’s original completion.  In fact, the filing of most bankruptcies in the bankruptcy code fall under Chapter 7, Chapter 11, and Chapter 13.  Also, when filing for bankruptcy it must occur in a federal bankruptcy court (not a state court).  In fact, the bankruptcy law’s main purpose is to give a debtor a fresh start.  In providing a fresh start, a bankruptcy relieves the debtor of most debts and/or the debtor pays creditors back through available properties that can be used for payment.

BANKRUPTCY PETITION AND AUTOMATIC STAY

A bankruptcy case either involves liquidation of property, or establishes a plan to repay creditors.  Typically, to begin a case, the debtor files a petition with the bankruptcy court.  Statements are also filed that list liabilities, income, assets, the name(s) of creditor(s), and the amount of debt owed.  One of the provisions of the bankruptcy law is the automatic stay.  Thus, upon filing of a petition, all debt collection attempts must stop.  Filing bankruptcy “stays,” or prevents debt collection actions by creditors for payment or property.  Therefore, when the automatic stay is in effect, a creditor may not garnish wages, bring about or continue a lawsuit, or contact the debtor.  This includes phone calls demanding payment or making harassing threats to get a payment.

chart: Chapter 7 bankruptcies filed in 2008 vs. 2018, Bankruptcy services TucsonWhen a bankruptcy petition is filed, creditors listed on the paperwork receive a notice from the court that a bankruptcy was filed by the debtor.  Also, when a bankruptcy involves liquidation of property and assets, there may not be much money available to pay creditors.  In these cases, normally the debtor is given a bankruptcy discharge. Therefore, if a discharge is granted, a debtor is no longer personally liable for repaying debt. Thus, it is possible for disputes to arise, and in some cases, litigation in the bankruptcy court – proceedings, settlement efforts, or a trial is necessary.

CHAPTER 7 BANKRUPTCY

Chapter 7 is the most common chapter of bankruptcy filed in Arizona.  The bankruptcy laws and the Arizona bankruptcy code were designed to give Arizona residents a fresh start by eliminating debt.  Chapter 7 bankruptcy is the most frequently filed because it allows debtors to keep exempt and essential assets and property while wiping out overwhelming, dischargable debt.

If you are considering bankruptcy, you should understand the process, and explore all your options for the best method of debt relief.  An attorney at My AZ Lawyers will not only guide you through the process from beginning to end, but also explain the different aspects of the law.  Our experienced Arizona Bankruptcy attorneys will answer your questions and concerns and give you the information you need to successfully get you out of debt.

BANKRUPTCY COURTS IN ARIZONA

For each judicial district in Arizona, there is a bankruptcy court. In Arizona, the bankruptcy courts are located in:

  • Phoenix – US Bankruptcy Court 230 N 1st Ave, Ste 101 Phoenix, AZ 85003
  • Tucson – US Bankruptcy Court 38 S Scott Ave Tucson, AZ 85701
  • Yuma – US Bankruptcy Court 98 W 1st St, 2nd Floor Yuma, AZ 85364
  • Flagstaff – U.S. Magistrate Courtroom, AWD Building, 123 North San Francisco Street, Flagstaff, AZ 86001
  • Bullhead City -Mohave County Superior Court, 2225 Trane Road, Courtroom R, Bullhead City, AZ 86442

A United States bankruptcy judge presides over the bankruptcy cases.  This judge has the power to make decisions over all matters concerning federal bankruptcy cases.

LIQUIDATION BANKRUPTCY – CHAPTER 7

Chapter 7 bankruptcy is also known as a liquidation bankruptcy.  This is a court-supervised process involving a trustee.  The court appoints a trustee to take over the case.  Furthermore, the trustee oversees the case by taking over assets, reducing them to cash (liquidating assets), and distributes owed debt to creditors.  In many Chapter 7 cases, there are little or now nonexempt property and assets.  This means there may not be any actual liquidation of assets.  In the case of a no-asset bankruptcy, an individual will receive a discharge.  A discharge is the release from all personal liability for dischargable debts.  In other words, the debt listed in the bankruptcy is forgiven, eliminated, or discharged.

CHAPTER 7 BANKRUPTCY DISCHARGE

A Chapter 7 bankruptcy discharge can be granted in a few months after filing the petition.  A bankruptcy discharge is a permanent order stating the debtor is no longer legally required to pay back debt listed in the case.  Therefore, a discharge prohibits a creditor from taking action to collect on any debts that were eliminated in the bankruptcy.  In addition, a creditor may not communicate in any way or take legal action to collect debt.  The discharge is given in Chapter 7 cases approximately four months after the date of the petition filing.  There is also an amount of time where a creditor can object to the discharge, and when this period ends without a motion to dismiss the case, the discharge is granted.

All debts cannot be discharged.  The most common types of debt that may not be discharged include

  • certain types of tax debt
  • alimony debt
  • child support debt
  • debts due to malicious or willful injuries to a property or person
  • debts from fines or penalties to governmental units
  • student loan debt
  • debts resulting from personal injury caused by operating a vehicle while intoxicated

Additionally, a discharge is not automatically granted just because the process is completed.  A creditor, a trustee may file an objection.  Meaning, a creditor may file a complaint before a deadline date.  The bankruptcy code describes the reasons a discharge may be denied. For example, not providing the proper documentation, failure to complete the required credit counseling / financial management course, or covering up property with intent to defraud.  A Chapter 13 bankruptcy case is a bit different.  Normally the debtor is entitled a discharge when the payments under the plan are completed.

chart: compare Chapter 13 bankruptcy filings from 2008 and 2018

PROVISIONS OF THE BANKRUPTCY CODE

Under the provisions of the bankruptcy code, a bankruptcy trustee collects and sells any nonexempt assets and property. The trustee then uses these proceeds to pay creditors. The Bankruptcy Code outlines property exemptions. Certain exempt property may not be taken and sold by the trustee in a Chapter 7 bankruptcy. The trustee will liquidate any remaining assets that are not exempt. If you have any property that does not fall under the Arizona exemption law, you may lose this property in a Chapter 7 bankruptcy.

Chapter 7 bankruptcy may not be the answer for debt relief for everyone. First of all, you need to qualify to file Chapter 7.  Under the Bankruptcy Code, a person must pass a means test to be eligible.

Filing for Chapter 7 bankruptcy in Tucson, Arizona

The primary purpose of a Chapter 7 bankruptcy is to eliminate certain kinds of debt.  The bankruptcy court must receive a case filing and administrative fees in order to file a bankruptcy petition.  Next, a filer must complete official bankruptcy forms.  These forms include the petition to file, schedules, and statement of debt/financial affairs.  The filer should also include and provide the following paperwork:

  • debtor’s income: amount, source, and frequency of income
  • list of creditors, how much is owed to each creditor, and the nature of the debt to each creditor
  • detailed report of monthly living expenses
  • list of the debtor’s property

One of the schedules the filer must file is that of exempt property.  According to the Bankruptcy Code, some property is protected, or exempt, from creditors.  However, Arizona has adopted its own exemption law.  Filing a bankruptcy petition under Chapter 7 puts the automatic stay into effect immediately.  The stay is effective to protect a debtor from collection activity from a creditor.  Furthermore, the bankruptcy court appoints a trustee to administer the bankruptcy case, and to carry out the liquidation of the non-exempt assets.

Because of the complexity of the Bankruptcy Code, it is wise to consult with an attorney who can evaluate your debt, listen to your needs, and look at your property/assets.

MY AZ LAWYERS TUCSON BANKRUPTCY ATTORNEYS CAN HELP

Bankruptcy is a matter in which experience matters.  My AZ Lawyers Tucson Bankruptcy attorneys have helped Arizona residents get out of debt and get the fresh start as detailed in the Federal Bankruptcy Code.  The goal of the bankruptcy laws are to give debtors a clean slate — to erase debt in order to better get back on their feet.  In this case, the goal of My AZ Lawyers is to use the power and protection of the US Bankruptcy Code and the Arizona bankruptcy law to provide the best possible legal representation for your bankruptcy case.

Tucson residents are no exception to the many Americans across the nation feeling the hurt of the economy, loss of job, or unexpected life tragedies that create debt that spirals out of control.  If you are feeling anxiety, concern, stress, or fear about filing for bankruptcy, or even discussing your financial issues, no worries.  Our team of debt relief experts will answer your questions and help you every step of the way.  Filing for bankruptcy is a process that is somewhat complex.  We will help you file the petition, complete the required paperwork, advise you of your options, and accompany you to the 341 court hearing.  As well as, we will give you our best legal representation and advice so that you will feel comfortable, not stressed, about getting yourself on the road to a new beginning — debt free.

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Tucson | 520-441-1450

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