Consumer and small business bankruptcy issues. Deals with before, during and after bankruptcy.
Debtors Abused by the Bankruptcy System
/in Bankruptcy, Bankruptcy Videos /by Diane DrainBad, lazy or greedy attorneys fail to warn clients about the problems they could face in bankruptcy. People in financial distress look to attorneys for help and guidance. They assume their attorneys care more about them than about the attorney’s bank account.
Finally, New Bankruptcy Protection for Disabled Vets
/in Bankruptcy, Payday and other usury loans /by Diane DrainDisable Vet’s Income Not Offered Any Protection in Bankruptcy – until now! It only took 15 years, but Congress finally decided that disabled vets should have some of the same protection as those on Social Security. In 2005 Congress changed how those on Social Security would be treated in bankruptcy, but ignored disabled vets. The […]
Seniors – A Guide to Getting Help with Debt
/in Bankruptcy, Debt Relief Agencies, Foreclosure, Homeowners Association, Payday and other usury loans /by Diane DrainDebt isn’t fun at any age, but it can be especially scary for senior citizens. Seniors normally don’t have regular paychecks coming in, and the bulk of their income may comprise of Social Security checks. They’re often dealing with life changes such as retirement or medical issues. All of the sudden, they have less money […]
Debt Makes You Stupid
/in Bankruptcy, Bankruptcy Videos, Debt Relief Agencies, Payday and other usury loans /by Diane DrainEver wonder why you make really stupid decisions, especially when you are overwhelmed, worried or distracted? Perhaps you are focused on one task, like dealing with a difficult child or employee, and you completely miss a really important appointment or buy something you did not want.
Why Did the Creditor Take My Tax Refund – Arizona Law
/in Bankruptcy, Consumer Issues /by Diane Drain(WARNING: The following is Arizona specific) Most people do not understand that if a creditor sues and obtains a judgment they can take the money in your bank accounts, including tax refunds. The only protection money that is exempt. I know this does not sound fair – especially when the creditor is taking your child […]
“The Dog Ate My Computer” Argument by Chapter 13 Debtor
/in Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy /by Diane DrainIn re Hindra v. Dockery, US Trustee & Deutsche Bank, BAP No. CC-18-1132-KuTaF (9th Circuit, Jan 29, 2019) In 2016 Etta Hindra filed a chapter 13 bankruptcy and everything went downhill from there. She did not file the proper documents, meet deadlines or pay the amounts necessary in order to cure the arrears owed to her […]
Do I Have to Pay Taxes if I File Bankruptcy?
/in Bankruptcy /by Diane DrainWhat is forgiveness of debt income? When you owe money and do not pay the full amount of the debt the lender is required to file a 1099 form with the IRS showing that you had phantom income in the amount the creditor forgave. This is referred to as ‘forgiveness of debt’.
FILING BANKRUPTCY WHILE IN A DIVORCE CAN BE A TRAP
/in Bankruptcy, Consumer Issues /by Diane DrainEven experienced attorneys make mistakes when it comes to the interplay of bankruptcy and divorce Whenever a divorce and bankruptcy come into play it is very complicated to determine which should be filed or completed before starting the other legal process. Even attorneys make mistakes. In the In re Kiley case the debtor’s failure to […]
Document Preparers or Paralegals Ripping Off Consumers
/in Consumers, Document Preparers /by Diane DrainNovember 2018: The Arizona Supreme Court established a committee to review the current process authorizing documents preparers to do certain work normally done by attorneys. Administrative Order 2018-111 The following is part of a discussion by fellow attorneys who describe some very expensive mistakes created by document preparers or paralegals (the Arizona Supreme Court does […]
