Chapter 7 for individuals and small businesses. A fresh start for individuals and a way to close the doors for the business.
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 […]
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 […]
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The information contained in this web site, article or link may be outdated, incorrect or not applicable; it is your obligation to confirm the accuracy.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..
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*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.*
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 foreclosure or 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.
SEPTEMBER SALES
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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.
