Chapter 7 for individuals and small businesses. A fresh start for individuals and a way to close the doors for the business.
In 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 […]
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 […]
Anyone who either filed for bankruptcy or is considering it has asked “how long before I can buy a new home”? Attached is a spreadsheet which purports to detail the answer to this question.
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 […]
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.
Innocent homeowner caught in bankruptcy scam “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 of forms and missed deadline. I accepted the fact I […]
Please Note:
The information contained in this web site, article or link may be outdated, incorrect or not applicable; it is your obligation to confirm the accuracy.
It is very important that you obtain legal advice from an attorney experienced in the laws related to your particular situation. Never rely on information obtained from the Internet, your friends or neighbors; it is very rare that their situation is exactly like yours. Seeking good legal advice before you take action will certainly cost you less than it will cost to fix your unintentional errors.
The information in this web site is not intended to constitute legal advice or to create an attorney-client relationship.
I was fortunate enough to be invited for an interview on a local radio station. The short discussion is about financial challenges and bankruptcy. This is just an audio program, only 12 minutes long, but I hope this is informative.
Diane L. Drain, bankruptcy attorney, retired law professor, mentor and community spokesperson.
Diane is a well respected Arizona bankruptcy and foreclosure attorney. As a retired law professor, she believes in offering everyone, not just her clients, advice about Arizona bankruptcy and foreclosure laws. Diane is also a mentor to hundreds of Arizona attorneys. Read about Diane and her promises..
I would be flattered if you connect with me on GOOGLE+ and ‘Like’ us on Facebook
*Important Note from Diane: Everything on this web site is offered for educational purposes only and not intended to provide legal advice nor create an attorney client relationship between you, me, or the author of any article. Any information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state. Make sure to check out their reviews.*
SEPTEMBER SALES
Debtor’s name and case number:
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Please Note:
This area is intended for the exclusive use of attorneys. You know the drill – do your own due diligence. We make no representations as to the accuracy or current status of any information cited herein.
If you are NOT an attorney it is important to educate yourself, but this is not the place to do it. You must obtain legal advice from an experienced attorney familiar with your unique situation. Fixing unintentional errors will cost far more than doing it right the first time; if it can be fixed at all.
The information in this web site is not intended to constitute legal advice or to create an attorney-client relationship.
IMPORTANT: This firm makes NO representations as to the accuracy or current status of any law, case, article or publication cited herein or linked to.
Warning – some of these references are pre-BAPCPA.
REOPENING BANKRUPTCY CASE
This Motion is filed on an Ex Parte basis in that JPMorgan Chase Bank, N.A. (the “Defendant”) never filed a response to the Summons and Complaint or an appearance in the adversary matter. The request for relief herein is ministerial in nature Cusano v. Klein, 264 F.3d 936, 948 (9th Cir.2001) (“The mere reopening of a bankruptcy case is a ministerial act that ‘lacks independent legal significance and determines nothing with respect to the merits of the case.”) (citation omitted). Cause exists to file this motion on an ex parte basis and to grant the relief requested by the Plaintiffs herein. The Debtors’ motion is as follows:
Also, check out section 350 of the Code.
Please Note:
The information contained in this web site, article or link may be outdated, incorrect or not applicable; it is your obligation to confirm the accuracy.
It is very important that you obtain legal advice from an experienced bankruptcy attorney regarding your particular situation. Consultation before you take action will certainly cost you less than it will cost to fix your unintentional errors.
The information in this web site is not intended to constitute legal advice or to create an attorney-client relationship.
We believe you deserve better than to be treated like cattle headed down a chute. I customize my legal advice in order to respect your unique history, needs and wants.
No one should ever file a bankruptcy without looking at the big picture. There is far too much is at stake – like losing your tax refunds, surrendering a vehicle you need or asking mom to give back the money you just repaid her. Sometimes our clients need to move forward quickly due to a foreclosure or garnishment. We try to accommodate those needs, but all of these issues must be balanced in such way that you understand possible consequences.
The information you provide us will help to paint an accurate and detailed picture of your unique situation. Make list of any questions. You will have several opportunities to ask questions or make corrections.
Always remember you are not alone; we are here as your guide. But also remember a guide does not carry you up the path or walk it for you. A guide’s job is to help you traverse this rocky mountain called “bankruptcy”.
STEP 1 - OBTAIN YOUR FREE CREDIT REPORTS
Obtain credit reports from all 3 reporting agencies. If you are married obtain credit reports for each spouse. Here is a link to your free annual credit reports at Annual Credit Report. Why free? – The federal law requires that every Arizona resident be able to obtain a free annual credit report from each of the three credit reporting companies.
The law requires that you list every creditor address on every piece of mail received in the last 90 days before filing a bankruptcy. There are creditor addresses on both the front and back of each statement/bill. These credit reports are intended to supplement, not replace the demands and statements you recently received from your creditors/collection companies.
STEP 2 - ENTER INFORMATION ABOUT YOUR ASSETS AND CREDITORS
Note – just because we had the free telephone consultation does not mean I agreed to take you as a client or that you agreed to hire my office to help with bankruptcy. Assuming we agreed to work together, one of two options happened:
Please call us if you cannot find that invitation. MyCaseInfo is a secure site and only our firm will receive your financial information.
I want you to be very comfortable with this affirmation. Now you can see why it is very important to commit the time and effort now in order to avoid serious complications later.
IN ORDER TO MAKE YOUR LIFE EASIER PLEASE PRINT THESE INSTRUCTIONS FOR FILLING OUT THE ON-LINE FORM:If after reading these instructions and those on MyCaseInfo you have questions – please call Jay (602-246-7106).
STEP 3 - COMPLETE THE REQUIRED CREDIT COUNSELING COURSE
The law requires that you take a credit counseling class before filing bankruptcy. If you are married and filing together then both of you must take on-line course.
1) Abacus Counseling – http://www.abacuscc.org/
a. The cost is $25 to $35 (good report from other clients)
2) Start Fresh Today: https://www.startfreshtoday.com (10/11/17 – client complained she was left on hold for more than one hour after completing the required information.)
a. Online and telephone consultations available
b. Prices for household advertised to be the “lowest”
3) Access Counseling – www.accesscounselinginc.org
a. The cost is $15 to $25. (Note – one client was very unhappy with this company.)
4) DebtorCC – https://www.debtorcc.org/
a. $14.95 for the counseling class and $9.95 for the education class
Other options for providers are: CINgroup, GreenPath, DebtHelper and DECAF.
Note from Diane: Please let me know immediately if you have any problems with the providers I suggested. Always confirm the provider is approved by the US Trustee’s Office. Several non-approved providers are preying on naive folks charging for unapproved services.
Beware of offers from fraudulent educational services. They must be approved by the US Trustee’s Office.
STEP 4 - I WILL CALL TO SCHEDULE YOUR FIRST MEETING
Diane will call to schedule your first meeting and e-mail a list of items to bring to your meeting. If you are anxious to schedule the meeting feel free to call at 602.246.7106 to confirm we received notice that you completed the MyCaseInfo form.
The following is an advanced look at some of the items on the list Diane will send confirming your first meeting:
FLOWCHART OF CHAPTER 7 PROCESS
FLOWCHART OF CHAPTER 13 PROCESS
EXTRA FOR YOU: STEPS FOR ENTIRE "TYPICAL" CHAPTER 7 FOR AN INDIVIDUAL
EXTRA FOR YOU: STARTING OVER - Dave Ramsey’s Post-Bankruptcy SURVIVAL GUIDE & OTHER MATERIALS
Gift for you – Starting-Over-Dave-Ramseys-Survival-Guide.pdf (118 downloads)
Some other materials from Dave Ramsey:
As a favor to us:Thank you for your courtesy.
