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Law Off of D.L. Drain P.A., Arizona Bankruptcy Lawyer | "Helping You Get Your Life Back on Track"
Law Off of D.L. Drain P.A., Arizona Bankruptcy Lawyer | "Helping You Get Your Life Back on Track"

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

From our initial consultation, we were impressed by Diane’s legal knowledge and compassionate nature

“From our initial consultation, we were impressed by Diane's legal knowledge and compassionate nature,” C.R. My elderly parents were experiencing financial difficulty due to dealings with an unscrupulous timeshare company. Their only option was to file bankruptcy. While searching for a bankruptcy attorney, we came across the [...]

She was very pleasant, knowledgeable and informative

"She was very pleasant, knowledgeable and informative" P.K. I live in Las Vegas and had a legal matter involving bankruptcy. My attorney in Las Vegas informed me that I would need an attorney from Arizona since the claim was filed in Arizona. I knew no one so [...]

She Took the Time to Help Me Find Someone

“The Kind of Attorney You Want on Your Side... ” A.V. Diane Drain is an amazing person. She is the kind of attorney you want on your side and comes highly recommended by other attorney's. Even though my case was not a bankruptcy case, she took time [...]

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. [...]

thank you for all of your help

"thank you for all of your help" C.S. As difficult as this entire process was emotionally and physically bringing everything together my experience with you has been amazing and much easier than I thought it would be thank you for all of your help. [...]

Your fees are extremely reasonable

"Your fees are extremely reasonable!" N. We cannot thank you enough for helping us through this difficult and embarrassing situation. After our first phone conversation I had no doubt you would be able to help us and that you actually cared about our situation. So many larger firms [...]

Diane was so professional, knowledgeable, thorough and very kind to work with

“Diane was so professional, knowledgeable, thorough and very kind to work with” S.V. Diane was so professional, knowledgeable, thorough and very kind to work with as she guided me through the extremely emotional process of filing bankruptcy. She was optimistic and positive and always available if I [...]

We were treated with the utmost care and respect

"We were treated with the utmost care and respect." A.W. We were very apprehensive and stressed out at the thought of having to go through such a difficult process. From our first meeting with Diane Drain it was clear that we would not have to go through this [...]

Diane will clearly and patiently explain to you the most critical information

Diane will clearly and patiently explain to you the most critical information. J.M. If you are considering bankruptcy, make sure you consult with Diane Drain, and learn as much as you can from her website prior to your free consultation. Why? Diane will clearly and patiently explain [...]

She knows the ins and outs

"She knows the ins and outs" M.D. I’ve been in the legal field for over 25 years (as a legal secretary and paralegal) and Diane is a top notch attorney. She knows the ins and outs of this area of law and does a really great job of explaining [...]

Any questions we had were answered quickly.

“Any questions we had were answered quickly. ” L. C. Diane and Jay have been wonderful through this whole experience. I don’t know what we would’ve done without them. Any questions we had were answered quickly. I would highly recommend their law firm if you’re looking for [...]

Diane is very compassionate and comforting

"Diane is very compassionate and comforting." Anonymous Diane is very compassionate and comforting. She made a very difficult process much easier for us. Rate Ms. Drain’s services: 5.0 out of 5.0

Diane helped me navigate through these dark and difficult times.

“Diane helped me navigate through these dark and difficult times. ” J.M. Before bankruptcy your sense of security feels compromised and is actually in a very fragile state. Often times people relate finances to personal uniqueness. Before bankruptcy this is broken. Through bankruptcy Diane helped me navigate through [...]

You made us feel as though we were your friend; for that we are grateful

You made us feel as though we were your friend; for that we are grateful.. I & A.F. We want to thank you for taking our bankruptcy case. It was a time in our life when we were emotionally, and financially distressed. You put our minds, and [...]

Best Bankruptcy Attorney in Phoenix!

“Best Bankruptcy Attorney in Phoenix!” Anon It was such a pleasure working with Diane through this difficult process. Diane is a wonderful attorney who not only knows the bankruptcy law inside and out, but is very compassionate and explains everything in detail through each step of the [...]

Diane answered everything promptly with additional information

Diane answered everything promptly with additional information. E.H. Diane is a very informative, thorough, highly intelligent and respectful individual and lawyer. Any questions or concerns I had throughout my bankruptcy, she answered everything promptly with additional information. I recommend her services 100%!! Nothing but the highest praise for [...]

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 [...]

It was a pleasure and privilege to be your client

"It was a pleasure and privilege to be your client." K. Thank you. It was a pleasure and privilege to be your client. I am continually grateful that I was led to you to help me through my bankruptcy process. You are truly the best of the best and [...]

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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