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Bankruptcy Help For Creditors

I only recommend top creditor attorneys

Bankruptcy Help For CreditorsSite Producer2022-08-16T10:32:21-07:00

Bankruptcy For Creditors

After years of helping both creditors and debtors through bankruptcy, I’ve decided to focus solely on helping debtors. But I’m happy to give you names of excellent creditor lawyers.

Consider bankruptcy an area of law that holds our lives together and keeps our economy flourishing and healthy. Allow bankruptcy law the credit it deserves. It enables individuals and corporations to restart their lives. Allows them to pay their taxes, buy food and other requirements, or pay their employees so that they can purchase food and other essentials.

All of this and more is why I am ecstatic to be able to assist debtors in understanding bankruptcy.

Diane L. Drain

Creditors Bankruptcy FAQs

Do your homework.Diane Drain2022-09-21T09:07:10-07:00

Examine all loan and security paperwork to confirm that they are comprehensive and that all necessary measures to perfect liens on any collateral supporting the obligation have been taken. If not, never take any action without first obtaining an order from the bankruptcy court.   This is a critical phase that determines the strength of a secured creditor’s position in the case. Section 506 explains how a secured claim’s value is determined. Although correcting inadequacies after the filing of the petition may be a violation of the automatic stay, it is critical to be aware of any issues. The secured creditor may have a period of time to perfect the creditor’s lien when the debtor gets possession of property or a transfer is made under Section 547(c)(3) and (e).

What is the meaning of a reaffirmation agreement?Diane Drain2022-09-21T09:20:22-07:00

The secured creditor or landlord may ask the debtor to sign a new contract called a “reaffirmation agreement” or “assumption of lease” after the bankruptcy is filed but before the discharge is issued. This new contract has the same terms as the original, and Sections 524(c) and (k) describe the paperwork, disclosures, and procedures that the creditor must follow in order to get this new contract. It must be approved by the Court in order for the debtor to be bound by it. Because 524(k)(5)(B) requires the debtor’s attorney to certify that the debtor will be able to make the payments, it’s likely that no debtor’s counsel will sign the reaffirmation agreement. This is not only absurd, but it also begs the question of how anyone could certify someone’s ability to pay a future debt.

Below is a link to a video of Bankruptcy Judge Eileen W. Hollowell, filmed explaining the reaffirmation process.

http://www.azb.uscourts.gov/video-discussion-reaffirmation

Is it possible for me to object to my debt being discharged?Diane Drain2022-09-21T09:11:22-07:00

Look for a reason to object to a debt being discharged under Sections 523 or 727. Creditors have only 60 days from the date of the initial creditors’ meeting to initiate a complaint to have their debts declared non-dischargeable due to a misleading financial statement. A creditor’s chances of winning a non-dischargeable lawsuit are slim, and the creditor will almost always be denied attorney’s fees and expenses for filing the action.

What is the purpose of a creditors’ meeting?Diane Drain2025-10-24T14:46:55-07:00

Creditors will be notified of an initial meeting of creditors (Section 341, Meeting of Creditors) to be held by the bankruptcy trustee shortly after a bankruptcy is filed. You are welcome to attend the Section 341, Creditors’ Meeting, but it is not compulsory. This meeting allows the creditor to ask the debtor a few questions about the creditor’s claim, collateral, other claims against the debtor, the debtor’s plans for its bankruptcy case, and other financial matters. Time for the 341 is short, so it is not appropriate to interrogate the Debtor at this time (check out 2004 examinations). This is an excellent moment to inform the Trustee (the person in charge of the meeting) of any inconsistencies detected in the schedules by the creditor. Make sure you can back up any claims you make. The meeting might be attended by either the creditor or its counsel.

What is the procedure for a creditor to file a motion to lift the automatic stay?Diane Drain2024-03-15T06:39:54-07:00

An order granting a Motion for Relief from the Automatic Stay, often known as a “stay order,” is obtained by filing a Motion, Notice, and Certificate of Mailing with the court, as well as notifying the appropriate parties. The Debtor is given the opportunity to respond. A hearing will be conducted if a response is filed. An Order, Certificate of No Objection, must be submitted with the Court if no response is filed. The Order will most likely be signed by the Court. The creditor is free to proceed with the action requested in the Motion and granted in the Order once the signed order is received.

Creditors Rights in Arizona

The legal term “Creditor’s Rights” refers to the area of practice for lawyers that concentrates on creditors’ rights and obligations.  The Bankruptcy Code has numerous provisions to assist creditors and protect their interests if a bankruptcy petition is filed.

Creditors Rights in Bankruptcy

Attorneys who specialize in creditors rights will typically do one or more of the following:

  • To collect consumer debts, file lawsuits and employ other legal means (i.e. debts owed by individuals).
  • To collect commercial debts, file lawsuits and utilize other legal collection procedures (i.e. debts owed by businesses).
  • In a bankruptcy procedure, represent the interests of a creditor.
  • If a buyer defaults on a payment, conduct a foreclosure or trustee’s sale of the property.
  • If the buyer defaults on payment, the secured items (such as autos) can be recovered.
  • As needed, garnish paychecks or bank accounts.
  • Non-exempt property can be sold at a sheriff’s sale.
  • Other contractual and legal remedies may be pursued.

Attorneys may charge an hourly rate or a flat fee. Fees and charges are usually determined by:

  • The bankruptcy chapter (Chapters 7, 11, or 13);
  • What you wish to achieve;
  • The extent to which the borrower will oppose your goals.

Clients from all across Arizona have put their trust in us

My experience was great

"My experience was great" J.H. My experience was great! Diane was very professional and dedicated to helping me with everything I needed. Outstanding! I would recommend her firm to my friends.

Our Emotional Ups and Downs Were Frequent, and Her Patience Was Unwavering!

“We highly recommend Diane Drain IF you are looking for the educated, knowledgeable, honest and transparent (and very fairly priced) attorney! ” P.R. We had recently relocated to Arizona from the Chicago area when we realized we had to face up to our financial problems, rather than [...]

I was in financial turmoil for various reasons and was running scared

"I was in financial turmoil for various reasons and was running scared" G.S. Five years ago, I was in financial term oil for various reasons and was running scared. I did not know what to do or how how was going to get out of the mess [...]

Diane helped guide me through the bankruptcy every step of the way, with a very calm demeanor

Diane helped guide me through the bankruptcy every step of the way, with a very calm demeanor. D.W. If you have to file bankruptcy, I recommend you hire Diane Drain. After speaking to 3 other bankruptcy attorneys before Diane, I believe I know the difference between a knowledgeable, professional, [...]

Diane and Jay were amazing!

“Amazing Experience” E.L. Diane and Jay were amazing! They made everything so easy and answered all of my questions thoroughly. I appreciate all the help and guidance I received throughout my filing experience. I would highly recommend Diane to anyone looking into bankruptcy. [...]

Best Experience Ever!

“Best Experience Ever!” C.G. Answered all my questions and very knowledgeable team! Thank you  C.G.    

Diane was a the best choice we could have made

"Diane was a the best choice we could have made!" R.D. Diane was a the best choice we could have made when choosing our legal counsel. She is as much a teacher as a lawyer, always patient and willing to answer any questions no matter how small. She was [...]

You made sure we could afford your fees

"You made sure we could afford your fees." J & P I thought lawyers were all greedy. You made sure we could afford your fees which allowed us to keep our car. There will never be a way to repay all you did for us. [...]

Her team did a fantastic job taking care of my case

"Her team did a fantastic job taking care of my case" C.C. Diane helped me with my Bankruptcy and it was one the more complicated ones where the trustee asked for quite a bit of information and she and Jay did a fantastic job taking care of [...]

Diane, Thank you so much!

"Diane, Thank you so much!" G.S. Diane, Thank you so much! You did a fantastic job and made this complex process so easy to understand. As you know I interviewed a different Attorney first. I’m so happy I choose you! You are by far the most informed person on [...]

Diane is very smart, patient, kind and sincere

Diane has a very calm confidence because she knows the laws inside and out.  L.D. Diane is very smart, patient, kind and sincere. I am a better person for knowing her. I was so nervous to call and start the process but Diane made everything seem easy. [...]

Thank you so much for your help

"Thank you so much for your help." S. Thank you so much for your help. I feel very good about my decision and I’m so very glad I chose you to represent me.

thank you for helping me keep my car and some self respect

"Thank you for helping me keep my car and some self respect." G. Diane – thank you for helping me keep my car and some self respect. This was so hard to do. I did feel a sense of relief once I saw you and we actually were [...]

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 [...]

 If you find yourself in the situation where you have to go through bankruptcy

No one wants to go through bankruptcy. But if you do find yourself in that position, it’s not the end of the world. If you need someone to help you get through the bankruptcy process, choose Diane. She won’t let you down.  L. A.  If you find [...]

I will be forever grateful to Diane and Jay for giving us our life back!

I will be forever grateful to Diane and Jay for giving us our life back! P.E. I cannot adequately describe how much we appreciate the help Diane and Jay provided us. We were in serious financial trouble, which created an incredible amount of stress that was beginning [...]

Diane was very concerned and compassionate

"Diane was very concerned and compassionate." Anonymous Filing bankruptcy was not an easy decision but Diane made the whole process very easy and understandable. As a client you have a lot of control as to your personal outcome. Be diligent, do the homework, and complete all the information [...]

There were no demons or dragons. It my constitutional right to be free of debt

There were no demons or dragons. It my constitutional right to be free of debt. V.M. I first met Diane in 2009. I was losing control of my finances and therefore my whole life seemed a day to day mix of anxiety and fear. I landed on [...]

Why is a Creditor Suing Me After I Filed Bankruptcy – You Did Not Follow the Law.

What are the Basic Bankruptcy Principles? Bankruptcy is a legal process that helps people and businesses overwhelmed by debt get a financial ‘start fresh’. The [...]

The Arizona Statute of Limitations Applicable to Collection Lawsuits and Non-Judicial Trustee’s Foreclosure Sales of Real Property,

The Arizona Statute of Limitations Applicable to Collection Lawsuits and Non-Judicial Trustee’s Foreclosure Sales of Real Property, article by Larry O. Folks, Folks Hess, [...]

Enforcement of Arizona Money Judgment Against Debtor’s Residence “Homestead” Property

Analysis of Enforcement of Money Judgments in Arizona Against a Judgment Debtor’s Residence / “Homestead” Property By Larry O. Folks (10/26/20) (reprinted with permission [...]

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