AvvoGoogle Business

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

Assisted in identifying and helping me successfully navigate any pitfalls

Assisted in identifying and helping me successfully navigate any pitfalls. R.G. Diane Drain and Jay provided professional, comprehensive services and support through every step of the bankruptcy process, were always available to answer questions. Diane has developed an extensive array of handouts and email templates that addressed [...]

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 [...]

Thanks to your guidance and insistence that I take responsibility for my case

I knew what to do and what to expect every step of the way thanks to your guidance and insistence that I take responsibility for my case. I greatly appreciate that! Not to mention, both you and Jay are wonderful people. Thanks so much! "Thanks to your [...]

Her warmth and caring and wealth of experience greatly eased the stress

Her warmth and caring and wealth of experience greatly eased the stress. J.R. One and a half years ago, after a series of physical problems, I finally admitted to myself that I could no longer handle my debt load. I was going under, and knew I would [...]

It felt like we had some friends who cared about us

It felt like we had some friends who cared about us. S.D. My husband and I wanted to begin the process of starting our bankruptcy, but it’s really scary not knowing who you can trust and who would step up to bat for you. Diane and Jay [...]

Diane and Jay are a wonderful team

"Diane and Jay are a wonderful team!" R & S Diane and Jay are a wonderful team. Efficiency and clarity were the hallmark of our experience.

I give her Five Stars for the work she does

"I give her Five Stars for the work she does!" Anonymous As a single mother of two college sons, one can imagine, how difficult it was to explain to my sons that my finances between home, college and building past debt had me making the heartbreaking choice of filing [...]

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.

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 [...]

Wonderful attorney

“Wonderful attorney” Anon She helped us with our bk 7 years ago and not only did she do a wonderful job representing us she taught us a few things about money! We are doing great now with great credit scores, a new home and cars all within [...]

I can not imagine being treated with more professionalism

"I can not imagine being treated with more professionalism!" S. I want to express my appreciation to you and your assistant Jay for all your hard work. I can not imagine being treated with more professionalism and respect that you did. Going to the entire bankruptcy process [...]

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 [...]

Mrs. Drain is very direct and clear

"Mrs. Drain is very direct and clear." Anonymous When my wife and I first considered bankruptcy we contacted one of the TV advertised law firms that specializes in bankruptcy law. On our appointment we met a group of the most inept people I have ever met. It was exactly [...]

We were provided affordable comprehensive representation.

“We were provided affordable comprehensive representation.”  R.B. I consulted the law office of D.L. Drain expressing our need to file bankruptcy having very limited resources. They accessed our situation and needs; educated us about bankruptcy options and ramifications. We were provided affordable comprehensive [...]

Our situation was complicated by having moved here recently from another state, but that posed no problem for them

“Our situation was complicated by having moved here recently from another state, but that posed no problem for them” R.B. Diane and Jay did a great job for us. Diane is a very knowledgeable, experienced, and well-connected bankruptcy lawyer. She instructed us well, was invaluable in getting [...]

We were extremely pleased

"We were extremely pleased!" Anonymous We were extremely pleased with the quality and level of support you and Jay provided. We had shopped around a bit before contacting you and once we did the comparison with other attorneys and bankruptcy “mills” was extremely and significantly positive. [...]

Rate Ms. Drain’s services: 5.0 out of 5.0

"Rate Ms. Drain’s services: 5.0 out of 5.0" Anonymous When I was looking for a bankruptcy attorney, the U.S. Courts’ website had some Phoenix attorney’s listed. I visited one in person and the then read Ms. Drain’s site. The in-person attorney gave me a 2 inch stack of papers [...]

Free consultation and we are ever so grateful

free consultation and we are ever so grateful. C.M. Diane gave invaluable advice during the free consultation and we are ever so grateful. If and when the time comes to pursue further actions financially, Diane is without-a-doubt the one who will guide us. Thanks again! [...]

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 [...]

Are you or a loved one experiencing financial hardship?

Help Yourself or Someone You Love
Share your info (or a loved one’s) below to receive clear, actionable steps today to begin the FREE Consultation process. Feel free to ask us anything along the way.

This field is for validation purposes and should be left unchanged.
Name(Required)
Consent to receive email(Required)

Information submitted through this form is used solely to respond to your inquiry. We do not sell, share, or use your information for marketing purposes. Submitting this form does not create an attorney-client relationship or mean that we represent you. Please do not include confidential or time-sensitive information.

Go to Top