Published On: May 27, 2013
THE BANKRUPTCY HAS BEEN FILED, NOW WHAT? Once your case is filed there are only a few other duties. First – complete the financial management course. Second – attend the meeting with the trustee (the [...]
Published On: May 27, 2013
Forced to choose between paying rent and paying credit cards? “Debt collectors love to call you at work, hoping you will be embarrassed into paying their debt. You can ask [...]
Published On: May 26, 2013
HOW DO I PREPARE FOR BANKRUPTCY? 16 OF THE MOST FREQUENTLY ASKED QUESTIONS. First, and most important step, STOP BEATING YOURSELF UP. You did not ask to be here. Life brings unexpected challenges [...]
Published On: April 21, 2013
FORECLOSURE, TRUSTEE SALES AND TAX LIEN FORECLOSURE IN BANKRUPTCY In re RW Meridian LLC, 564 B.R. 21 (9th Cir. BAP 2017). The Ninth Circuit Bankruptcy Appellate Panel considered whether the pre-petition expiration [...]
Published On: April 21, 2013
WHAT ABOUT DISBARRED LAWYERS, DOCUMENT PREPARERS OR PARALEGALS? DISBARRED LAWYERS AND PARALEGALS PREYING ON INNOCENT PEOPLE There are hundreds, if not thousands, of document preparers or disbarred lawyers who have [...]
Published On: October 7, 2012
WARNING TO ALL VISITORS: I AM NOT A TAX ATTORNEY, DO NOT RELY ON ANY TAX ADVICE ON THIS SITE. OBTAIN ADVICE FROM A COMPETENT TAX ATTORNEY WHO UNDERSTANDS BANKRUPTCY LAW. THIS OFFICE [...]
Published On: October 7, 2012
UNAUTHORIZED PRACTICE OF LAW: DOCUMENT PREPARERS, DISBARRED ATTORNEYS As a professor of law (now retired) I taught young soon-to-be lawyers the basics of bankruptcy. Most of them believe they can start their [...]
Published On: October 7, 2012
VEHICLES AND BANKRUPTCY Chapter 13 Practice and Procedure - revised section 5:12 that deals with Chicago. In re Fulton City of Chicago v. Fulton, 141 S. Ct. 585, 208 L. Ed. 2d [...]
Published On: October 7, 2012
PRE-BANKRUPTCY PLANNING AND TRANSFER OF ASSETS In re: Addison, No. 07-2064, 07-2727 (U.S. 8th Circuit Court of Appeals, August 07, 2008) In a bankruptcy case, rulings against debtor and denial of discharge [...]
Published On: October 7, 2012
TOLLING IN BANKRUPTCY In re Swintek, 906 F.3d 1100 (9th Cir. 2018) (Ninth Circuit Court of Appeals held that period in which lien might expire and must be renewed is tolled by [...]
Published On: October 7, 2012
STATUTE OF LIMITATIONS IN BANKRUPTCY Debtors may amend their Schedules at any time — F.R.Bankr.P 1009 — but some courts hold that this right is dependent upon the Debtors’ acting in [...]
Published On: October 7, 2012
REAL ESTATE: HOMESTEAD AND BANKRUPTCY ISSUES I. The Homestead Act A “uniquely American contribution” to real property law, homestead exemptions are based on the notion that citizens should have a home where [...]
Published On: October 7, 2012
GENERAL QUESTIONS FOR CREDITORS. "Reaffirmations Impose Impossible Demands On Bankruptcy Counsel", by Cathy Moran In re Anzaldo, 19-00882-MM7, (S.D. CA, 10/24/19) In Ms. Moran's article she discloses that signing reaffirmations is not [...]
Published On: October 7, 2012
STUDENT OR EDUCATIONAL LOANS AND BANKRUPTCY Federal Law: "Stop Student Debt Relief Scams Act of 2019". December 22, 2020 Is a school a Title IV school? Federal School Code Lists Check out [...]
Published On: October 7, 2012
WHAT IS PROPERTY OF THE BANKRUPTCY ESTATE? Everything the debtor owns, or has or will have a right to, is property of the estate. Failure to list property in the schedules will [...]
Helpful to establishing a stable life
“Helpful to establishing a stable life” L.A. Diane and Jay are a great team. Diane took the time to explain every step of the way and provide me with so much education regarding my bankruptcy. The material I obtained was and is very helpful to have a [...]
This has made a huge difference in my life
“This has made a huge difference in my life” D.S. I approached Diane with a large debt problem. Although I was working with a company to pay down the debt, one of the credit card companies decided to sue me. This would have destroyed all my pay-back [...]
Overall grade for help received from Diane and her staff – 110%
"Overall grade for help received from Diane and her staff – 110%" N. Overall grade for help received from Diane and her staff – 110%. Now I can breath and it is thanks to Diane.
After paying all my bills for 49 years and barely treading water, I was laid off and found myself with nothing
After paying all my bills for 49 years and barely treading water, I was laid off and found myself with nothing. D.W. Like many people, I was very apprehensive about filing bankruptcy. At 65 years old, I always thought- That would never be me! But after paying all my [...]
Diane’s steady hand, expertise and cool head, got us on the right track
“Diane’s steady hand, expertise and cool head, got us on the right track.” P.R. Our lives were spinning out of control. We were trying all kinds of “quick fix” gimmicks to get our finances in order following employment challenges and being small business [...]
Diane and Jay saved us.
“Diane and Jay saved us. We were in deed financial trouble due to my mother's care.” P.E. Diane and Jay saved us. We were in deep financial trouble due to my mother's care. Both Diane and Jay were always available to answer any questions and helped us [...]
I input the information online and then received timely help from her office when needed.
"I input the information online and then received timely help from her office when needed.." L.H. “When I was looking for a bankruptcy attorney, I visited four large and small firms. Diane Drain was the most informative. I appreciated her very educational website and was prepared with questions when [...]
Diane uses her website to promote the education of the bankruptcy process available to everyone
“Diane uses her website to promote the education of the bankruptcy process available to everyone” T & G. W. We found ourselves in a financial tsunami 2 yrs ago. No matter how we did things the financial outlook was getting worse and worse. We finally decided we [...]
They helped me through a very difficult time
“They helped me through a very difficult time” P.J. Diane and Jay helped me through a very difficult time. My Husband passed after a year-long had to file chapter 7 bankruptcy, and needed to re-locate to Seattle to live with my daughter and her family. [...]
My very sincere and heartfelt thanks
"My very sincere and heartfelt thanks." Anonymous My very sincere and heartfelt thanks. I am so very glad that I came across your site as I was educating myself on the situation and that I didn’t go with the first attorney I spoke to. You made this [...]
she made things so easy to understand
“she made things so easy to understand” J.C. I could not have made a better choice than Diane to help me with my bankruptcy case. During what is a very difficult and stressful time, she made things so easy to understand and the process could not have [...]
Diane had kind words to comfort despite our horrible circumstances
“Give her a call if you don't know where to turn.... ” B.G. Diane was an exceptionally nice lady and very courteous to my wife and I as we requested help. She had kind words to comfort despite our horrible circumstances. She gave us great advice and [...]
She helped us to pick up the pieces of our lives
"She helped us to pick up the pieces of our lives" Posted on AVVO Anonymous *Diane Drain and her staff have guided us through the rough terrain of a bankruptcy. From the beginning of this process, to an end that is quite near, Ms. Drain has provided the highest [...]
Rate Ms. Drain’s services: 5.0 out of 5.0
"Rate Ms. Drain’s services: 5.0 out of 5.0" Anonymous When I was looking for a bankruptcy attorney, the U.S. Courts’ website had some Phoenix attorney’s listed. I visited one in person and the then read Ms. Drain’s site. The in-person attorney gave me a 2 inch stack of papers [...]
Following her guidance help make the process as smooth as possible
“Following her guidance help make the process as smooth as possible” D.K. Diane is extremely knowledgeable about the whole process. Following her guidance help make the process as smooth as possible. Throughout the process she treated me with the upmost in respect and professionalism. [...]
Diane guided and supported me throughout the challenges of bankruptcy
"Diane guided and supported me throughout the challenges of bankruptcy." April Diane Drain and her staff are exceptionally knowledgeable, professional, and responsive. Diane guided and supported me throughout the challenges of bankruptcy in a very supportive and respectful manner. Diane has earned my trust, recommendation, and highest regard. [...]
Diane and Jay are a great team
“Amazing experience” L.A. Diane and Jay are a great team. Diane took the time to explain every step of the way and provide me with so much education regarding my bankruptcy. The material I obtain was and is very helpful to have a stable life. Thank you [...]
She is like your favorite professor who just happens to be a spitfire attorney and advocate for understanding, support, kindness and knowledge.
“She is like your favorite professor who just happens to be a spitfire attorney and advocate for understanding, support, kindness and knowledge.” N.B. I can't describe in a short review how much Diane and her team changed my life. I'm not being dramatic or cheesey. I had [...]