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Please Note:
The information contained in this web site, article or link may be outdated, incorrect or not applicable; it is your obligation to confirm the accuracy.
It is very important that you obtain legal advice from an experienced bankruptcy attorney regarding your particular situation. Consultation before you take action will certainly cost you less than it will cost to fix your unintentional errors.
The information in this web site is not intended to constitute legal advice or to create an attorney-client relationship.
WHY HIRE US?
Diane L. Drain, lawyer, consumer advocate, retired law professor, wife and mother
Because we are here for you and committed to treat you with respect.
You are not just a number and a paycheck. Instead, you are a unique person with unique needs. We are dedicated to help you help yourself at a very difficult time in your life.
You may wonder why I decided to concentrate on bankruptcy as my primary area of practice.
It’s simple – this is an area of law that reminds me of why I went to law school – to help others in their time of need. My goal is to be an experienced guide for my clients. Help them to traverse the crevasses between their needs, the law and the bankruptcy system. I don’t tell my clients what to do; I explain the legal and practical issues in order for them to make informed decisions.
When a bankruptcy is filed a “magical” umbrella, called the automatic stay, protects the debtor and their property. This umbrella is so powerful that it stops almost everyone in their tracks – even the IRS. Unless a court orders otherwise a mortgage company, bill collector or creditor cannot meddle with the debtor or any property of the debtor. There is light at the end of a properly planned bankruptcy, but it requires commitment to the process – being accurate and thorough.
“Let this be your bridge to peace. I would like to be your guide during this challenging time.”
– Diane Drain
Filing a bankruptcy is not like buying a can of spaghetti sauce; instead it is like getting a new pet.
Now you think I am crazy, but I have your attention. You can shop the same brand of sauce in several stores and buy the cheapest one because you are assured that the same recipe is in each jar. Use that same analogy to getting a new pet. All the puppies in the litter look similar. You have no way of knowing which one will become a biter or continually shred everything in your home or attack your children or neighbors.
A bankruptcy is like that new pet.
With great advice, proper planning and a little luck the bankruptcy will go through without a hiccup. But without all of those you will face a nightmare. You lose your tax refunds, your friends or family are sued to return money you paid them; the list goes on and on. Which is why proper planning is absolutely necessary.
SHOPPING FOR BANKRUPTCY ADVICE and HELP
Shopping for bankruptcy help based on solely on price will also have in dreadful results; like losing your tax refunds. Instead, shop for bankruptcy assistance with the same commitment you used in making important decisions, such as buying a car or house.
Take your time and choose an attorney who is conscientious, experienced, caring and with whom you have good rapport.
General Articles for the Consumer
◙ Fair Debt Collection Practices (link to article at www.azlawhelp.org)
◙ Predatory Lending – the Arizona Attorney General’s Office
◙ Consumer Protection Laws
◙ Usury – Past and Present
◙ Basic Rules Governing Debt Collectors
◙ The History of Bankruptcy
◙ What is a Credit Score and How to get a Copy of my Credit Reports
◙ Secret History of the Credit Card, Frontline interview with Elizabeth Warren, Prof. Harvard University, expert in bankruptcy
◙ The Credit Card Game: Frontline 12-09 (streaming video -therefore it takes time to load) As credit card companies face rising public anger, new regulation from Washington and staggering new rates of default and bankruptcy, FRONTLINE correspondent Lowell Bergman investigates the future of the massive consumer loan industry and its impact on our fragile national economy.
◙ IRS – Collection Standards (what is allowed by the IRS)
◙ IRS – link to your account, refund status, make payments, etc.
◙ Eliminating Taxes in Bankruptcy (article by Howard Levy, former trial attorney for the IRS)
◙ How to get Information from the IRS. Includes how to obtain transcripts. See article below.
General Articles for the Debtor or Potential Debtor
WHAT IS BANKRUPTCY, BESIDES BEING REALLY SCARY?
◙ Why is Professional Help Essential in Filing a Good Bankruptcy?
◙ Why is Bankruptcy Diane Drain’s Primary Focus?
◙ What is Bankruptcy and How Does It Work?
◙ Arizona Exemptions
◙ I think I have a “Simple” Bankruptcy.
◙ The Most Difficult Part of Bankruptcy Has Nothing To Do With Money
SOME BASICS
◙ Bankruptcy Basics (videos produced by the United States Bankruptcy Courts)
◙ What is Pre-Bankruptcy Planning
◙ Bankruptcy Planning: 5 Traps for the Unwary
◙ What is Involved in Filing a Bankruptcy for a Consumer?
◙ Important Deadlines and Timeline for chapter 7 and 13.
◙ How to Handle Harassing Creditors
◙ Paralegal Schemes and Scams
◙ Why Using a Document Preparer or Paralegal is So Dangerous
◙ What About Using an Attorney Referral Program – such as LegalZoom?
CHAPTER 7
◙ What is a Chapter 7, plus information about the means test and exempt property.
◙ The Steps to Filing a Consumer Chapter 7 Bankruptcy
◙ How Do I Survive After Filing a Chapter 7?
CHAPTER 13
◙ What is a Chapter 13?
◙ Why Chapter 13 Can Be Doomed To Failure
◙ What is the Difference Between Chapter 7 and Chapter 13?
FORECLOSURES AND BANKRUPTCY
◙ Trustee Sales (Foreclosures) and Bankruptcy
BANKRUPTCY AND RELIGION
◙ Bankruptcy: History and Religion
◙ Does God Want You to be Bankrupt?
BANKRUPTCY FOR A BUSINESS
◙ Steps to Filing a Business Chapter 7 Bankruptcy
General Articles for the Creditor
Business Bankruptcy
Disclaimer: The information in this web site is not intended to provide legal advice or to create an attorney-client relationship; but is intended for general education and information purposes only. Laws change periodically, therefore the information in this site may not be accurate. It is imperative that you seek legal counsel in order to determine your rights and obligations under the law and based upon your specific circumstances. | Privacy Policy | Disclaimer. Address: Law Office of D.L. Drain, P.A. 2375 E Camelback Rd #600, Phoenix, AZ 85016
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