Consumer and small business bankruptcy issues. Deals with before, during and after bankruptcy.
Debt settlement a bad alternative to bankruptcy By Liz Weston NerdWallet.com, Aug 30, 2017 (a summary from South Bend Tribune) Many people believe that hiring a company to settle their debts is better on their credit, will cost them less in the long run and will generally be better than a bankruptcy. This is what […]
The American Bankruptcy Institute ‘ABI’ released a report addressing the astronomically high failure rate of chapter 13 bankruptcy. The findings are not surprising for those of us who work in this world, but are shocking for the rest of the consumer community. It is likely that many bankruptcy judges have never had a successful chapter […]
When Mortgage Lenders Monkey With Your Loan By Bill Purdy The following are some excerpts from a very informative blog on a well-known consumer bankruptcy advocate’s web site: www.BankruptcySoapBox.com. Spoiler Alert: As a borrower, you are an expendable resource in home loan servicing to be exploited for fees and charges. Borrowers just trying to keep […]
Contempt bankruptcy court order ends in prison time: In re Kenny G. Enterprises 16-55007 (9th Cir 7/26/2017) Kenneth Gharib refused to comply with a bankruptcy court order to turn over $1,420,000 belonging to a chapter 7 estate. The judge imposed sanctions for the contempt: civil contempt sanctions of $1,420,000, $1,000 a day until he complied, […]
A typical story of a homeowner and the con artist scum who prey on desperate homeowners: “I tried to keep my home despite the fact they started foreclosure proceedings. I self represented myself and filed initial bankruptcy chapter 13 forms which stopped the first trustee sale/ auction date. I got stuck on the second set […]
Study finds domestic violence, ‘coerced debt’ often go together The following is an excerpt from a post by GreenPath regarding an study about the tie between physical abuse and financial abuse, by Susan Ladika/CreditCards.comm 26 September 2012 Abusers take control of their victims by saddling them with unwanted debt (credit cards, buying vehicles, houses or […]
According to an article in USA Today “Wells Fargo faces new accusations that it tried to capitalize financially on its customers without their permission — this time by allegedly modifying mortgage terms for people who had filed for bankruptcy protection. With the smoke still lingering from the firestorm that erupted from the bank’s opening of fake […]
May 15, 2017: Resolving a split of circuits, the Supreme Court held 5/3 in Midland Funding LLC v. Johnson 6-348 (Sup. Ct. May 15, 2017) that a debt collector who files a stale claim that is “obviously” barred by the statute of limitations has not engaged in false, deceptive, misleading, unconscionable, or unfair conduct and […]
The following applies to Arizona lawsuits and collection rights. When a creditor sues and obtains a judgment there are several options available in order to collect on the judgment. The one that is the most scary for the consumer is the “judgment debtor’s examination”.
Diane Drain, attorney, retired law professor, wife, mother and friend.
Out of respect for our clients’ privacy the following comments have been redacted from letters we have received
over the last two decades. Our clients include both creditors and debtors in bankruptcy, those involved in trustee’s sales, foreclosures and forcible entry and detainers. At the conclusion of our representation we ask each client to fill out a report card regarding our services. We are please to say that our average grade is an “A”. Personal referrals are gladly provided on request.
Our reputation is built on our client’s trust that we could help them during a very difficult time. Our commitment to each client is to provide them the best guidance we can.
We invite you to read comments by clients and other professionals about Diane below. Or you can leave your own review:
Diane ranks 10.0 out of 10.0 for over all client and her peers rating on AVVO (a site for lawyers).
Our clients seek our help at time their lives are turned upside down; most are scared and just want a calm nights sleep. Our responsibility is to guide our clients toward that peaceful sleep, but requires hard work. Many of these reviews describe their successful travel to that peaceful life.CLIENT REVIEWS
Chapter 13 Client Reviews and Comments
Diane and Jay are wonderful people that really went to great lengths to help us out and manage our bankruptcy in order the give us the best chance at financial recovery. Bankruptcy is horribly stressful and they really made it as streamlined as it could have possibly been…I’m not saying I ever want to go through this nightmare again, but if I did I would definitely call Diane.
Five years ago, I was in financial term oil for various reasons and was running scared. I did not know what to do or how how was going to get out of the mess I was under. I avoided answering my phone and opening collection letters like the plague. I didn’t want to admit that I needed legal help. I was stubborn and thought I could handle it….wrong!!! I consulted with two different attorneys and left both feeling like I was just number and not an actual person who needed help. To my good fortune, I then found and consulted with Diane Drain. I felt at ease with her. She listened to me with empathy and understood my situation and reassured me that she would help me and that I was not a failure and that bankruptcy is a legal right to anybody who just needs a fresh financial start. Filing a Chapter 13 bankruptcy is a lot of work and takes tremendous discipline but Diane and Jay were with me every step of the way and I will be forever grateful to them for helping me through a very dark time and providing me a guiding and comforting light while I worked toward getting my life back on track. For me, the third time was the charm. Diane and Jay, I thank you so very much for all of your help. You truly are a credit to all you represent and I will not hesitate to refer anybody I know to you should he or she need legal financial advice.
Going thru CH13 was a huge and difficult decision for us. Both Diane and Jay were very patient. Took time to explain everything. They were receptive, understanding and helpful thru the entire process. As you can imagine we had many questions during the 5 year process but they were always quick to respond. I would recommend them highly.
Simply put, Ms. Diane Drain knows her stuff and you certainly want somebody of her caliber in your corner when the chips are down. It is a great privilege and a greater comfort to have her in mine. I have made some bad choices along the path of life as most of us do. Its all part of life’s lesson. However, the choice I made to select her as my attorney was no doubt one of the best decisions of my life to this point. Call her…call her now and get control of your life back…I did!!! I promise you will not be disappointed. Thank you Diane and thank you Jay !!!!
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 knowledgeable and professional. Diane came very highly recommended to us by a long time family friend who is also an attorney. Would not hesitate to recommend their services.
Ms. Drain helped make a very difficult time more bearable. She treated us with the utmost respect and caring while pushing us to get together the paperwork needed to get us to the best possible end result. It was very obvious that her peers held her in high esteem. I even had another attorney tell me we had one of the best attorneys out there. I would highly recommend her to anyone in need of her services. Rate Ms. Drain’s services: 5.0 out of 5.
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 very thorough, making sure an already stressful situation did not become worse. She put us at ease immediately. Thanks Diane!
Just a quick note to say Thank You! We received our discharge paperwork this week and it has been a huge burden lifted off of our shoulders. I want to thank you for your total professionalism and the manner in which you treated us as clients….we never once felt judged for the position that we were in. Instead, we felt that you had a genuine concern for us as clients and that one of your goals is to insure that we were educated on the process and what our options were from the start. You were the main catalyst that made a very emotionally draining time very bearable and helped us to see the light at the end of a very long dark tunnel.
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 advice, and that contained in the information you gave, me and am proud to say my credit rating is approaching the mid- 700s and one of my creditors, USAA Federal Bank, actually re-issued me a credit card. I have done better than I ever expected and believe that much of my success is due to the thorough and respectful manner in which you led me through the process.
We were forced to file for bankruptcy about three years ago. We had no idea if we should use an attorney or what attorney to use. After contacting one attorney we quickly realized we might know more than him about the procedure. A realtor acquaintance of ours then recommended Diane Drain, who he had used in a bankruptcy filing. Diane led us through the procedure and helped us avoid numerous pitfalls. Her leadership was superb including starting the procedure, the filing, the hearing in court and numerous issues along the way. We recommend Diane Drain without reservation.
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 was not a easy task for my and my family but you provided us with valuable counseling while explaining the law, you answered all our questions in a timely manner and you kept us informed at all times of how the process is going. You are not only a competent and experienced lawyer but also one of those fine individuals who takes pride in their profession while serving others. I will recommend you with any opportunity I might have in the future.
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 alone! Immediately we felt a huge sense of relief. We were led step by step as to what would need to be done and when. When we did have a question or concern she responded right away.We never had to call more than once. We were treated with the utmost care and respect. Many years ago I had been a victim of an attorney who treated me insultingly, never explained anything and did not return my calls. I was left alone to try and resolve things on my own and it was extremely stressful. Our experience this time was completely different. We cannot thank her enough!
I thought all lawyers were greedy. You proved me wrong by spending so many hours helping me through this very difficult time of my life. My chapter 13 was a challenge because of changing jobs and getting a divorce, but you saved my car and reduced the interest rate and paid off all my taxes. Thank you for always being there whenever I needed you.
I first met Diane Drain in September 2008 when she agreed to represent me in my Bankruptcy filing. It was a difficult decision for me as I had always had outstanding credit and prided myself on being responsible and trustworthy. But, with my marriage of 30 years ending, the housing market sliding (I was upside down in the home), I had spent most of my savings and resources just to keep my head above water and then, I started sinking financially into a bottomless pit of debt. Bankruptcy was the best solution for me and that was a hard realization. Diane Drain handled my case with a wealth of knowledge and expertise. She kept me informed in all aspects of the case as it moved through the Court system. Diane had advised me of the negative changes that would occur to my credit report. She also educated me, that the BK was a fresh start and my credit could be rebuilt with hard work and patience on my part. I want to inform others who may be going through the bankruptcy process, that with time, hard work and informed financial decisions, you can climb out of the lowest financial point in your life and achieve the highest point again.
In the 3 years since my Bankruptcy, I have worked my credit score back to 700 , I purchased a new vehicle after the discharge and I just closed on a new home and mortgage. All this was possible by the knowledge, skill and expertise Diane Drain has as a Bankruptcy attorney. To Diane I again say thank you. You have help me once again attain the American dream…
Ms. Drain ranks 5.0 out of 5.0 for over all client rating on Martindale Hubbell (a site for lawyers).
