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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 Drain2022-09-21T09:20:54-07:00

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 if short, so I t 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

Helpful to establishing a stable life

“Helpful to establishing a stable life” 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 obtained was and is very helpful to have a [...]

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 [...]

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 [...]

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 [...]

Nothing short of excellent

"Nothing short of excellent" A.M. Diane – you are nothing short of excellent! From the first hello, how can I help you- to congratulations, your discharge has been entered, you were superb! Patient, understanding, compassionate, kind, considerate, knowledgeable, highly-skilled expert are a few words that come to [...]

I feel better mentally and physically, just like you said I would

"I feel better mentally and physically, just like you said I would!" M. Thank you once again for your incredible knowledge and persistence with these people. Ever since we have done the filing, I feel better mentally and physically, just like you said I would. [...]

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 [...]

Thank you

“Thank you.” N.L. Thank you speaking with me and for the advice given. Wish I would have found you to begin with.

Diane Was Fabulous During Our Bankruptcy

“Her assurance that there was nothing to be ashamed of, gave us the incentive to proceed.” S.R. 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 [...]

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 [...]

Diane helped me retain my dignity

"Diane helped me retain my dignity ." S & A *Diane helped me retain my dignity during a very uncomfortable time. I am very grateful.

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 [...]

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 is very smart, patient, kind and sincere

Diane has a very calm confidence because she knows the laws inside and out.  L.D. Diane is very smart, patient, kind and sincere. I am a better person for knowing her. I was so nervous to call and start the process but Diane made everything seem easy. [...]

Extremely competent representation and explanations

"Extremely competent representation and explanations!" K.M. 5 Star service and representation from Diane and Jay. Extremely competent representation and explanations of the legal process and how to prepare for the filing. True compassion shown to those going through a very difficult time in their lives. Diane is obviously respected [...]

Thank you for the good news and for being nothing less than a “stellar” legal representative

"Thank you for the good news and for being nothing less than a “stellar” legal representative" C.M. Diane, Thank you for the good news and for being nothing less than a “stellar” legal representative, a great and understanding sounding board for me during a most difficult and [...]

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 [...]

I came to Diane cause her reviews stuck out the most. I WAS NOT DISAPPOINTED!!!

“I came to Diane cause her reviews stuck out the most. I WAS NOT DISAPPOINTED!!!” S.C. I came to Diane cause her reviews stuck out the most. I WAS NOT DISAPPOINTED!!! If you're serious about filing for bankruptcy than I suggest you go with Diane Drain!!! From [...]

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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