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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

Diane and Jay are very knowledgeable, and they guided me from beginning to end.

“Diane and Jay are very knowledgeable, and they guided me from beginning to end.” M.M. Diane and Jay are very knowledgeable, and they guided me from beginning to end. They were so organized, that each step was calculated. They are very nice, compassionate and professional. Thank you, [...]

Diane and Jay helped out a family member file a bankruptcy.

"Some firms make you feel like a number and just want you to do the bankruptcy that benefits them more. Not Diane." S.E. Diane and Jay helped out a family member file a bankruptcy. They were very easy to work with during a their difficult time. Compassionate and [...]

You truly are amazing

"You truly are amazing" B. & M. You truly are amazing – we can never thank you enough for your hard work, concern and professionalism. I knew from my initial phone call to you that I was very lucky to have found you. [...]

Diane took over my case when my other attorney was disbarred.

“Diane took over my case when my other attorney was disbarred. ” M.W. Diane Drain is consummate professional. She took over my case when my other attorney was disbarred. This meant appearing on my behalf in Federal Court Judge (not just the Trustee) with about one week’s [...]

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 [...]

Your process and approach are clear, comprehensive, and thoughtful

"Your process and approach are clear, comprehensive, and thoughtful" A.J. Your process and approach are clear, comprehensive, and thoughtful. You treated us with the utmost respect and left no stone unturned in helping us to sort through and make appropriate decisions from our first meeting through the [...]

I would not hesitate to recommend Mr. Drain to anyone

"I would not hesitate to recommend Mr. Drain to anyone" R. It became necessary for me to file bankruptcy in earlier this year. While I was contemplating that action, I interviewed with several attorneys to determine their attitudes and work habits. In all but one I felt that the [...]

Highly recommend Diane and Jay

Highly recommend Diane and Jay. C.T. Diane and Jay were not only very knowledgeable and patient, but they took time to educate me and point me to the resources I needed. Diane and Jay walked me through every step and worked with me through any confusion or [...]

My wife and I would highly recommend this lawyer!

"My wife and I would highly recommend Diane Drain" B & D My wife and I would highly recommend Diane Drain to any one who is considering bankruptcy. She handled our case professionally and in a very timely manner. Diane and her team made a long, frustrating process [...]

Thank you for helping us through such a difficult time

"Thank you for helping us through such a difficult time!" G & S Thank you for helping us through such a difficult time. You patience and expertise was comforting and we knew that we were in very good hands.

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 is very concerned for your well-being

“My anxiety faded away with each conversation we had ” R.L. If you are considering a bankruptcy, there is no other person in the state of Arizona to talk with other than Diane Drain. She is very concerned for your well-being. Her knowledge and expertise allowed me [...]

You were brilliant!

"You were brilliant!!" G. I will never forget what you’ve done for me. You were brilliant!Thank you.

This has made a huge difference in my life

“This has made a huge difference in my life” D.S. I approached Diane with a large debt problem. Although I was working with a company to pay down the debt, one of the credit card companies decided to sue me. This would have destroyed all my pay-back [...]

Diane and Jay did an excellent job

"Diane and Jay did an excellent job" S.K. Diane and Jay did an excellent job and my wife and I could not be happier. She was able to help us keep the assets that were important to our family and answered our questions along the way. Very [...]

This was a real learning experience!

"This was a real learning experience!" W.S. This was a real learning experience! Every time I met with Diane I learned new things. Each visit I became calmer about the situation because it was a big step in getting my life back in order. The educational experience [...]

I have followed your advice

"I have followed your advice." B.B. About 10 years ago you represented me in my bankruptcy and you were wonderful. I have referred a number of people to you, though I fear some of them did not have the ovaries for the follow through. I have followed your [...]

What a huge relief to be released from the financial burden

“If you follow everything she says the process is easy and stress free.” J.E. Don’t hesitate, call Diane! Diane has been a huge lifesaver! I reached out to Diane through a Google search when the existing law firm I had started with wasn’t communicating with me. She [...]

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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