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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

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 [...]

My very sincere and heartfelt thanks

"My very sincere and heartfelt thanks." Anonymous My very sincere and heartfelt thanks. I am so very glad that I came across your site as I was educating myself on the situation and that I didn’t go with the first attorney I spoke to. You made this [...]

Diane is sincerely interested

Diane is sincerely interested. S.B. We are grateful to Jay for us sound advice and, also, to Diane for answering our messages. Diane is sincerely interested in any questions you may have.

Our Emotional Ups and Downs Were Frequent, and Her Patience Was Unwavering!

“We highly recommend Diane Drain IF you are looking for the educated, knowledgeable, honest and transparent (and very fairly priced) attorney! ” P.R. We had recently relocated to Arizona from the Chicago area when we realized we had to face up to our financial problems, rather than [...]

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 [...]

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 [...]

Diane Helped me Maneuver the Process of Bankruptcy Through an Unusual Situation

“You can feel confident in her ability to provide you with any and all answers that may arise.  ” D.L. I can’t say enough about the professionalism for Diane Drain and Jay. She helped me maneuver the process of Bankruptcy through an unusual situation. I highly recommend Diane [...]

If there is more than 5 stars, I would Jump to give the highest

"If there is more than 5 stars, I would Jump to give the highest." P.G. If there is more than 5 stars, I would Jump to give the highest possible rating to attorney Diane Drain. Before I called Diane, we did our own research, read everything on their web [...]

Super Kind!

“Super Kind!” Anon She was very professional and stayed in her lane as she knew I had already hired another Attorney. She was kind and made me feel better about my choice that I made. She gave me sound advice, and she didn’t have to do that. [...]

Words cannot express the gratitude!

"Words cannot express the gratitude!" Anonymous Words cannot express the gratitude we have for you! Rate Ms. Drain’s services: 5.0 out of 5.0.

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 [...]

Diane and Jay are the Best

“Diane told me how to file a complaint against Scott Forrester and ask the State Bar for my money back.” D.B. Diane and Jay have been wonderful to work with, they are really the best. I found them after paying Scott Forrester and finding out he was [...]

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 [...]

You allowed me to be human and treated me with dignity

"You allowed me to be human and treated me with dignity." K.M. I know that you are acutely aware of how deeply emotional and draining financial problems are. You took the time to talk with me about our foreclosure and 2nd mortgage. You allowed me to be human [...]

Diane Drain and her staff have guided us through the rough terrain of a bankruptcy

"Diane Drain and her staff have guided us through the rough terrain of a bankruptcy" Anonymous Diane Drain and her staff have guided us through the rough terrain of a bankruptcy. From the beginning of this process,to an end that is quite near, Ms. Drain has provided [...]

Diane was extremely thorough and educated me

"Diane was extremely thorough and educated me" S.A. I had an old debt surprise me the other day by way of a Summons and Diane was kind enough to give me some solid advice. She is very knowledgeable and I highly recommend her if your are looking for [...]

Diane Helped Me Understand the Process

“She helped me understand why and how certain steps were necessary...” N.G.. I greatly appreciated Diane's thoroughness and ability to explain the process. She helped me understand why and how certain steps were necessary which reassured me that this was the right decision to make and that [...]

They provide hope and ease throughout a very stressful situation

“They provide hope and ease throughout a very stressful situation” C.G. Diane and Jay provide hope and ease throughout a very stressful situation. Diane is thorough, knowledgeable, experienced and trustworthy. She takes her time with each step ensuring she understands the story. They are both available when [...]

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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