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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

Diane and Jay are wonderful people that really went to great lengths to help us out

“Diane and Jay are wonderful people that really went to great lengths to help us out” J & T.M. Diane and Jay are wonderful people that really went to great lengths to help us out and manage our bankruptcy in order the give us the best chance [...]

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 [...]

Made the Bankruptcy process very understandable and helpful

“Made the Bankruptcy process very understandable and helpful” P.H. Diane’s expertise and solid experience and instructions made my entire Bankruptcy process very understandable and helpful! Her guidelines helped tremendously. The entire process would have daunting without her professional help. Anytime I need any professional legal help in [...]

Diane’s advice was free, generous and to the point

“Diane’s advice was free, generous and to the point” S.I. I have called Diane seeking help with a Real Estate issue. Even though my issue does not fall into her area of focus, she kindly gave advice and recommended someone else. I wish I could hire her, [...]

Efficient and Effective

"efficient and effective" Anonymous Diane was efficient and effective in handling my case. She has made herself available whenever a question arose. Her interface with the trustee allowed me sufficient time to allow an expedited discharge. Her office has provided an open door for any future issues [...]

She was honest and upfront with us and really knows her subject matter

"She was honest and upfront with us and really knows her subject matter" H.P. My wife and I had several questions and concerns regarding our home and a second mortgage which the lender is unwilling to work with us. After jumping through numerous hoops and an endless [...]

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 [...]

e were amazed at how accessible Diane was

"We were amazed at how accessible Diane was." Robert We were amazed at how accessible Diane was. Weekdays or weekends at all times of the day it didn’t matter. She was quick to respond to our questions or needs. In short Diane did a great job for us [...]

Everything takes time

“Everything takes time” D.J. Everything takes time. Your help was outstanding and I am at the end now. Thank you for your patience. You and Jay get five stars from me!

I am glad that Diane was the person to lead me through it

"I am glad that Diane was the person to lead me through it." T. I wish that I did not have to file for bankruptcy protection; nevertheless, having to go through the process I am glad that Diane was the person to lead me through it. Diane definitely [...]

Diane handled a complicated eviction / Lift of Stay on a tenant who filed bankruptcy

“Diane handled a complicated eviction / Lift of Stay on a tenant who filed bankruptcy” B.R. Diane Drain is an expert who gets the job done!  We hired Diane Drain to handle a complicated eviction / Lift of Stay on a tenant who filed bankruptcy. Not only [...]

Again, thank you

"Again, thank you." D & J Again, thank you. You made this unpleasant experience very calming and reassuring for both me and my wife.

Thanks for all of your help that you provide

“Thanks for all of your help that you provide” D.H. I read all of Diane’s messages and she seems to be a very bright and informed woman. Thanks for all of your help that you provide to people that need your help by your messages. [...]

Diane was positive and she was also less expensive

"Diane was positive and she was also less expensive" Anonymous Diane and her team were true professionals throughout our bankruptcy process. My husband and I did extensive research when choosing an attorney and the information we received on Diane was positive and she was also less expensive [...]

This is your bankruptcy; you get out of it what you put in

"This is your bankruptcy; you get out of it what you put in" K.B. Diane Drain, and her amazing teammate, Jay were two of the most helpful, caring individuals I have met in a long, long time. The process of bankruptcy is daunting, having a guiding hand [...]

I felt well prepared and protected by Diane

“I highly recommend Diane Drain if you are looking for a fantastic bankruptcy attorney who will look out for you and your interests.” D.D.Z. Diane has been an amazing attorney. This was a hard time in my life but she kept me on track and was incredibly [...]

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 [...]

Thank you so much for your understanding and help!

"Thank you so much for your understanding and help!!" T. Thank you so much for your assistance with this. It’s nice to see that not everyone treats bankruptcy filers as lepers. I was afraid that filing was going to be a huge and embarrassing hurdle to overcome 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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