Chapter 13 is a reorganization for consumers. It as several purposes, some of which are curing the arrears on a home, paying off a vehicle, paying back taxes and child support.

COVID-19 FORBEARANCE IN ARIZONA CHAPTER 13 BANKRUPTCIES

The following is a guest post – by Gary R. Stickell, a great Arizona bankruptcy attorney and my friend and mentor for more than 20 years. COVID-19 and CHAPTER 13 BANKRUPTCIES Most, if not all, mortgage servicers are offering programs of forbearance to homeowners affected by income loss due to the COVID-19 Pandemic.  These seem […]

Student Loans & Bankruptcy – Interview with Diane Drain and Bobby Zavala

LAWGITIMATE Attorney Diane Drain and Bobby Zavala with University of Dubuque Diane Drain established her law firm in 1991 in order to provide education for those facing financial troubles. She believes that basic legal advice should be free and her commitment is to help her clients get their lives back on track. Her greatest reward […]

“The Dog Ate My Computer” Argument by Chapter 13 Debtor

In re Hindra v. Dockery, US Trustee & Deutsche Bank, BAP No. CC-18-1132-KuTaF (9th Circuit, Jan 29, 2019) In 2016  the debtor, using an attorney, filed a chapter 13 bankruptcy and everything went downhill from there.  There was a general failure to file the proper documents, meet deadlines or pay the amounts necessary in order […]

The Perils of Bankruptcy Filing by an Undocumented Person

By Richard J. Parker: Shareholder in Parker, Butte, & Lane, P.C. (reprinted with permission of the author, December, 2017) Immigration status is a complex legal issue for anyone not born in the USA. While some people born overseas are still U.S. citizens at birth, there are some hoops to jump through that do not exist […]

Will I Lose My Home If I File Bankruptcy?

Over the last 30+ years of helping people file for bankruptcy protection the most concern by homeowners is if they will lose their home.  My answer – “it depends”.  Do you want to keep your home?  If so, then make sure to pay the mortgage and homeowners’ dues.  If the answer is ‘no’ then stop […]

Chapter 13 Rules in Arizona Change December 1, 2017

Local Rules 2084 Chapter 13 Model Plan According to the Arizona Bankruptcy Court the failure rate of those who file their own chapter 13 cases (without an experienced chapter 13 attorney) is over 98%.

“Life in the Sweatbox” Before Bankruptcy

Pamela Foohey, Indiana University Maurer School of Law Robert M. Lawless, University of Illinois College of Law Katherine M. Porter,  University of California – Irvine School of Law Deborah Thorne,  University of Idaho Date Written: February 20, 2018  94 Notre Dame Law Review __ (forthcoming 2018) Abstract The time before a person files bankruptcy is sometimes called the […]

Ten Things You Need to Know Before Filing Bankruptcy

Bankruptcy is a tool.  Any tool can be misused which can cause serious damage.  Just ask the idiot who sticks a fork in a live electrical socket.

Why Chapter 13 Bankruptcy Can Be Doomed for Failure

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 […]

Mortgage Lenders & Servicers Are Not Your Friend

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 their homes are subject to a campaign […]