Chapter 7 for individuals and small businesses. A fresh start for individuals and a way to close the doors for the business.
“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 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 […]
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 […]
Can I Buy a Home After Bankruptcy?
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.
“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.
Typical Foreclosure and bankruptcy con artist scam
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 […]
Radio Interview with Diane Drain, Attorney and Law Professor
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The information contained in this web site, article or link may be outdated, incorrect or not applicable; it is your obligation to confirm the accuracy.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.
RADIO INTERVIEW WITH DIANE WITH TIPS ABOUT BANKRUPTCY
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.
About Diane Drain:
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.*
Sample of Property Sold by Bankruptcy Trustee
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.
SAMPLE OF PROPERTY SOLD BY BANKRUPTCY TRUSTEE
SEPTEMBER SALES
CHAPTER 7 BANKRUPTCY TRUSTEES
When: September 25, 2015 Time: 8:30 am
Where: 230 N. First Ave., Room 102
Phoenix, AZ 85003 (1st Ave. & Van Buren)
Next Month Sale Date: October 30, 2015
To bid by telephone call: 1-888-525-3182 Conference Code: 7413896997
***
MUST CONTACT TRUSTEE/ASSISTANT/COUNSEL PRIOR TO BIDDING ON CONFERENCE LINE***
*Trustee: Maureen Gaughan
Debtor’s name and case number:
Estate’s interest in the following:
Estate’s interest in Genworth Life Insurance Annuity Contract Number K000501701 Annuitant Debtor. Debtor is scheduled to receive a payment in the amount of $32,671.23 on February 13, 2019.
Current offer and Bidder:
$21,000.00 with buyer being responsible for all costs of sale, including all costs associated with obtaining any court approval – Catalina Structured Funding Terms of Sale: Cashier’s check.
The sale will be free and clear of all liens. There is not an appraisal of the property. Contact Trustee
*Trustee: Maureen Gaughan
Debtor’s name and case number:
Estate’s interest in the following:
1) 2000 Ford Expedition Eddie Bauer
2) 1994 Weier Flatbed Trailer
Current offer and Bidder:
1) $2,000.00 Debtors
2) $ 500.00 Debtors
Terms of Sale: Cashier’s check. The sale will be free and clear of all liens. There is not an appraisal of the property. Contact Trustee
*Trustee: Jill H. Ford
Debtor’s name and case number:
Estate’s interest in the following:
On December 11, 2013, the Court entered its Combined Order Granting Chapter 7 Trustee’s Motion to Compel Turnover [Doc. 37] and Chapter 7 Trustee’s Second Motion to Compel Turnover [Doc. 39] awarding Trustee $4,542.01 with post-judgment interest accruing at ten percent (10%) per annum. The Trustee received the following payments via wage garnishment: $100.05 on 04/09/2014;
$157.29 on 04/09/2014; $90.18 on 04/09/2014; $161.93 on 04/21/2014; $112.05 on 05/02/2014; $90.23 on 05/16/2014; $341.11 on 05/30/2014; $91.33 on 06/13/2014; $48.43 on 06/27/2014; $50.84 on 07/11/2014; and $84.87 on 07/18/2014. The value as of 08/01/2015 was $3,747.21.
Current offer and Bidder: $250.00 William Reeser
Terms of Sale: Cashier’s check within 5 business days of sale. There is not an appraisal of the property.
Contact Trustee
*Trustee: Jill H. Ford
Debtor’s name and case number:
Estate’s interest in the following:
2004 Hyundai Accent
Current offer and Bidder: $1,000.00 Debtors
Terms of Sale: Cashier’s check within 5 business days of sale. Viewing: September 24, 2015 from 8:00 a.m. to 12:00 p.m. XXXX, Apartment 2080, Scottsdale, AZ 85251.
The property is subject to liens or interests of record. The Trustee does not know of any liens at this time. There is not an appraisal of the property.
Contact Trustee
*Trustee: Roger W. Brown
Debtor’s name and case number:
Estate’s interest in the following:
Estate’s interest in a narrow strip of land (driveway) adjoining residential property located in Maricopa County, Arizona, and described on Exhibit “A” attached.
Current offer and Bidder: $2,500.00 ME Capital, LLC
The proposed purchaser is the creditor which holds a lien on the adjoining residential property and has commenced foreclosure/eviction proceeding.
Terms of Sale: Cashier’s check day of sale.
There has been no stay relief as to the property. Trustee is not aware of any other entities holding an interest in the property being sold. The Trustee is not aware of any recent appraisals on the property being sold. There are no broker’s fees/compensation related to this sale.
Trustee: David A. Birdsell
Debtor’s name and case number:
Estate’s interest in the following:
2005 Land Rover, VIN #SALAE25495A321901
Current offer and Bidder: $1,000.00 Debtor
Terms of Sale: Cashier’s check day of sale.
Viewing: September 24th 2015 from 9:00 a.m. – 1:00 p.m.
Avalon Auto Group 3620 E. Broadway Rd Suite #1 Contact Trustee Assistant
Trustee: David A. Birdsell
Debtor’s name and case number:
Estate’s interest in the following:
2005 Ford Focus
Current offer and Bidder: $1,000.00 Debtors
Terms of Sale: Cashier’s check day of sale.
Viewing: September 24th 2015 from 9:00 a.m. – 1:00 p.m. Avalon Auto Group 3620 E. Broadway Rd Suite #1 Contact Trustee Assistant
Trustee: David A. Birdsell
Debtor’s name and case number:
Estate’s interest in the following:
2004 Chrysler PT Cruiser,VIN #3C4F448844T220752
Current offer and Bidder: $1,000.00 Ian Hanager
Terms of Sale: Cashier’s check day of sale. Viewing: September 24th 2015 from 9:00 a.m. – 1:00 p.m. Avalon Auto Group 3620 E. Broadway Rd Suite #1 Contact Trustee Assistant
Trustee: David A. Birdsell
Debtor’s name and case number:
Estate’s interest in the following:
2004 Polaris Trail Boss 330
Current offer and Bidder: $500.00 Ian Hanager
Terms of Sale: Cashier’s check day of sale. Viewing: September 24
th 2015 from 9:00 a.m. – 1:00 p.m. Avalon Auto Group 3620 E. Broadway Rd Suite #1 Contact Trustee Assistant
Trustee: David A. Birdsell
Debtor’s name and case number:
Estate’s interest in the following:
2003 Nissan Maxima
Current offer and Bidder: $925.00 Debtor
Terms of Sale: Cashier’s check day of sale. Viewing: September 24
th 2015 from 9:00 a.m. – 1:00 p.m. Avalon Auto Group 3620 E. Broadway Rd Suite #1 Contact Trustee Assistant
Trustee: David A. Birdsell
Debtor’s name and case number:
Estate’s interest in the following:
A QUARTERLY GIFT ANNUITY OF $516.26. RELEVANT DOCUMENTS ATTACHED ALONG WITH CASH FLOW FOR PAST 4 YEARS
Current offer and Bidder: $2,511.00 Bob Anderson
Terms of Sale: Cashier’s check within 3 days of sale Contact Trustee Assistant
Trustee: David A. Birdsell
Debtor’s name and case number:
Estate’s interest in the following:
1) Gluck 19
2) SG Sauer P250
Current offer and Bidder:
1) $150.00 Debtor
2) $150.00 Debtor
Terms of Sale: Cashier’s check within 3 days of sale Viewing: September 24, 2015 9:00 a.m. – 11:00 a.m. David A. Birdsell’s Office
Viewers must ring the doorbell and state their full name and what they are here to see. Contact Trustee Assistant
Trustee: David A. Birdsell
Debtor’s name and case number:
Estate’s interest in the following:
2000 Buick Regal
Current offer and Bidder: $750.00 Debtors
Terms of Sale: Cashier’s check within 3 days of sale Viewing: September 24th 2015 from 9:00 a.m. – 1:00 p.m. Avalon Auto Group 3620 E. Broadway Rd Suite #1 Contact Trustee Assistant
Trustee: David A. Birdsell
Debtor’s name and case number:
Estate’s interest in the following:
1) H&R 12 gauge shotgun
2) Marlin Model 60 22 LR rifle
3) Golf Clubs
4) Jewelry
Current offer and Bidder:
1) $70.00 — Debtors (all items)
2) $50.00
3) $25.00
4) $55.00
Terms of Sale: Cashier’s check within 3 days of sale Viewing: September 24, 2015 9:00 a.m. – 11:00 am. David A. Birdsell’s Office
Viewers must ring the doorbell and state their full name and what they are here to see. Contact Trustee Assistant
Trustee: David A. Birdsell
Debtor’s name and case number:
Estate’s interest in the following:
1993 Subaru Legacy Station Wagon
According to the debtor the vehicle does not run
Current offer and Bidder: $350.00 Debtor
Terms of Sale: Cashier’s check within 3 days of sale Viewing: September 24th 2015 from 9:00 a.m. – 1:00 p.m.
Avalon Auto Group 3620 E. Broadway Rd Suite #1 Contact Trustee Assistant
Trustee: David A. Birdsell
Debtor’s name and case number:
Estate’s interest in the following:
2003 Honda Accord
Current offer and Bidder: $1,800.00 Debtor
Terms of Sale: Cashier’s check within 3 days of sale
Viewing: September 24th 2015 from 9:00 a.m. – 1:00 p.m. Avalon Auto Group 3620 E. Broadway Rd Suite #1 Contact Trustee Assistant
NEXT SALE DATE – October 30, 2015
PROPERTY WILL BE SOLD “AS IS, WHERE IS ”, WITH NO WARRANTIES OR REPRESENTATION MADE OR IMPLIED. PROSPECTIVE PURCHASERS ARE ENCOURAGED TO PERSONALLY
INSPECT / PERFORM THEIR OWN DUE DILIGENCE OF THE PROPERTY BE ING SOLD. ALL SALES ARE SUBJECT TO SALES TAX UNLESS THE PROPERTY BEING SOLD IS TAX EXEMPT OR A RESALE
NUMBER IS — USED AS PROOF OF EXEMPTION.*
PLEASE SEE www.nabt.com FOR NATIONWIDE TRUSTEE AUCTIONS.
Reopening Bankruptcy Case
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.
REOPENING BANKRUPTCY CASE
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.
*If requested to begin case preparation, attorney fees and filing fees must be paid before filing.
Disclaimer: The information in this web site is not intended to provide legal advice or to create an attorney-client relationship; but is intended for general education and information purposes only. Laws change periodically, therefore the information in this site may not be accurate. It is imperative that you seek legal counsel in order to determine your rights and obligations under the law and based upon your specific circumstances. | Privacy Policy | Disclaimer. Address: Law Office of D.L. Drain, P.A. 2375 E Camelback Rd #600, Phoenix, AZ 85016
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