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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

Five Stars is Not Enough.

“Five Stars is Not Enough. ” T.D. It would be difficult to fully describe how effective and talented Diane is. She took my exceptionally (some would say ridiculously) complex case and made sense of it. I'd had a very negative experience with my former counsel and from Day [...]

The BEST! – Five Stars

“The BEST! – Five Stars” K. I had filed for Chapter 7 with Diane and it was the easiest most stress free process. My wife and I were considering for months on just what to do since this was my first time filing and we got different [...]

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 [...]

I Made the Right Decision in Choosing Diane

“I'm 100% convinced I made the right decision in choosing Diane. ” P.K. I have just received my discharge from the court. It's been a long journey and I can't emphasize how instrumental a role that Diane and Jay played in helping me navigate this journey. In [...]

whole process went very smoothly from beginning to end

"whole process went very smoothly from beginning to end." Anonytmous We filed for chapter 7 bankruptcy and the whole process went very smoothly from beginning to end. This was thanks to Ms. Drain who was caring, professional and committed to making sure that we fully understood the bankruptcy [...]

Experienced and excellent. 5.0 stars

"Experienced and excellent. 5.0 stars" M.R. Diane did a tremendous job preparing me for my bankruptcy. She educated me thoroughly about the process and stressed the importance of following all the steps as concisely as possible. Her rates are very reasonable, and I cannot recommend her highly [...]

Superb Client Service

“Superb Client Service” E.G. Diane and Jay have far exceeded my expectations of legal services by going above and beyond. Not only did they help me prepare during that most stressful time period in my life but also educated me during the process to prevent any future [...]

Diane guided us every step of the way.

“Her assurance that there was nothing to be ashamed of, gave us the incentive to proceed.” D. Diane was fabulous during our bankruptcy, guiding us every step of the way. After medical bills got us behind, we didn’t know where to turn and felt uncomfortable filing. Her assurance [...]

My wife and I would recommend Diane to anyone who is thinking of filing

"My wife and I would recommend Diane to anyone who is thinking of filing" P.A. Filing for Bankruptcy is a huge decision, yet Diane’s knowledge of the laws from her years of experience make it far less daunting. My wife and I would recommend Diane to anyone who [...]

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 [...]

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 [...]

We are very happy we were referred to Diane for assistance

"We are very happy we were referred to Diane for assistance." S.G. Diane helped my husband and me get past a difficult chapter in our lives. She answered all our questions and gave us excellent advice. We followed her directions from start to finish and the process went [...]

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 [...]

Rated high among her peers

"Rated high among her peers" Anonymous Ms. Drain helped make a very difficult time more bearable. She treated us with the utmost respect and caring while pushing us to get together the paperwork needed to get us to the best possible end result. It was very obvious [...]

You folks are the BEST OF THE BEST in Arizona

“You folks are the BEST OF THE BEST in Arizona” M.H. You and Jay are the best attorneys I have ever had or needed and thank God for the Honorable Robert Gottsfield in recommending you folks – I would have never made it through the entire process [...]

Diane cleaned up serious mistakes made by another attorney

Diane cleaned up serious mistakes made by another attorney. J.D. Diane helped me straighten out my case, after an attorney from a different law firm, made serious mistakes in my filing that could have been extremely detrimental. If not for her very professional guidance, constant communication and follow-up, while [...]

Finding the right lawyer to help with a financial reboot.

“Finding the right lawyer to help with a financial reboot” 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 needed to investigate options. Once we [...]

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 [...]

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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