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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

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 [...]

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.

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 [...]

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 [...]

They helped me feel at ease with the process

“They helped me feel at ease with the process” T.R. Diane and Jay did a fantastic job helping me through the bankruptcy process and making sure I knew what I needed to do and what to expect every step of the way. They were amazing and helped [...]

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 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 [...]

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, Thank you so much!

"Diane, Thank you so much!" G.S. Diane, Thank you so much! You did a fantastic job and made this complex process so easy to understand. As you know I interviewed a different Attorney first. I’m so happy I choose you! You are by far the most informed person on [...]

Diane and Jay were both very helpful and promptly answered questions that came up

"Diane and Jay were both very helpful and promptly answered questions that came up" N.F. Diane and Jay were both very helpful and promptly answered questions that came up either via return phone call, email or both. They both were very knowledgeable about the whole process and [...]

She’s the best!

"She's the best!" P.I. Diane helped me file a bankruptcy. I messed up and continued paying on one credit card. It was because of Diane's expert help that I was refunded my full amount of $1200.

ROCKSTARS Diane and Jay!!! I am so happy

“ROCKSTARS Diane and Jay!!! I am so happy ” P.C. ROCKSTARS Diane and Jay!!! I am so happy to work with you again. Within a few months, you got me the BEST results. You did exactly what you said you would do. You went above and beyond [...]

Any questions we had were answered quickly.

“Any questions we had were answered quickly. ” L. C. Diane and Jay have been wonderful through this whole experience. I don’t know what we would’ve done without them. Any questions we had were answered quickly. I would highly recommend their law firm if you’re looking for [...]

Diane was a the best choice we could have made

"Diane was a the best choice we could have made!" R.D. Diane was a the best choice we could have made when choosing our legal counsel. She is as much a teacher as a lawyer, always patient and willing to answer any questions no matter how small. She was [...]

Diane was patient in providing clear direction and advice

Diane was patient in providing clear direction and advice. A.T. Mrs. Drain made a very stressful time in my life easier to manage by providing detailed direction through my bankruptcy process. From day one I felt comfortable with Dian and Jay in addition to feeling confident with [...]

I wish all attorneys treated their clients the way that Ms. Drain and Jay treated me

"I wish all attorneys treated their clients the way that Ms. Drain and Jay treated me." Anonymous I asked Ms. Drain to help me with a bankruptcy. When I first called I was scared, afraid to answer my phone and worried that my wages were about to be [...]

ow I can finally breathe easy and deep again

"I can finally breathe easy and deep again." J. Thank you so so much for all your help and understanding. Especially in the beginning when I had so many questions and you were so very patient with me. I felt that you were very upfront about everything, letting [...]

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 [...]

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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