Chapter 7 Bankruptcy Archives | Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney

Chapter 7 for individuals and small businesses. A fresh start for individuals and a way to close the doors for the business.

THE PERILS OF BANKRUPTCY FILING BY AN UNDOCUMENTED PERSON

July 4, 2018/in Attorneys, Bankruptcy, Bankruptcy Attorneys, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Issues /by Diane Drain

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?

May 23, 2018/in Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumers, Foreclosure /by Diane Drain

Many callers ask the same question “will I lose my home if I file for 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 […]

Can I Buy a Home After Bankruptcy?

April 4, 2018/in Bankruptcy Videos, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumers /by Diane Drain

How long after bankruptcy do I have to wait before buying a home? 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” for Students:

February 21, 2018/in Bankruptcy, Bankruptcy Videos, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Issues, Consumers /by Diane Drain

Life in the Sweatbox (reprinted from Credit Slips) 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 […]

Ten Things You Need to Know Before Filing Bankruptcy

January 17, 2018/in Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumers /by Diane Drain

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.

Debt settlement a bad alternative to bankruptcy

September 4, 2017/in Bankruptcy Attorneys, Bankruptcy Videos, Chapter 7 Bankruptcy, Consumers, Credit Report, Debt Relief Agencies /by Diane Drain

Typical Foreclosure and bankruptcy con artist scam

July 21, 2017/in Attorneys, Bankruptcy, Bankruptcy Attorneys, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumers, Foreclosure Attorneys, Trustee Sales /by Diane Drain

A typical story of a homeowner and the con artist scum who prey on desperate homeowners: “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 […]

Radio Interview with Diane Drain, Attorney and Law Professor

October 7, 2016/by Diane Drain

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

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.

Bankruptcy Can Help Seniors Find Peace of Mind

May 15, 2015/in Bankruptcy, Bankruptcy Videos, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Issues, General Legal Issues, Payday and other usury loans /by Diane Drain

I highly recommend this great article in the New York Times about bankruptcy and the elderly. Everyone should understand the issues related to protecting your own or your parents’ hard earned retirement funds when faced with a financial crisis.

THE PERILS OF BANKRUPTCY FILING BY AN UNDOCUMENTED PERSON

Will I Lose My Home If I File Bankruptcy?

Can I Buy a Home After Bankruptcy?

“Life in the Sweatbox” for Students:

Ten Things You Need to Know Before Filing Bankruptcy

Debt settlement a bad alternative to bankruptcy

Typical Foreclosure and bankruptcy con artist scam

Radio Interview with Diane Drain, Attorney and Law Professor

Radio Interview with Diane Drain, Attorney & Retired Law Professor

RADIO INTERVIEW WITH DIANE WITH TIPS ABOUT BANKRUPTCY

About Diane Drain:

Sample of Property Sold by Bankruptcy Trustee

Sample of Property Sold by Bankruptcy Trustee

Sample of Property Sold by Bankruptcy Trustee

Bankruptcy Can Help Seniors Find Peace of Mind

HELPFUL QUICK LINKS

BANKRUPTCY QUESTIONS

RESOURCES