Arizona has the unfortunate position as being the only state that has licensed document preparers to prepare legal documents for its residents. This has been a nightmare for courts and the general public.
November 2018: The Arizona Supreme Court established a committee to review the current process authorizing documents preparers to do certain work normally done by attorneys. Administrative Order 2018-111 The following is part of a discussion by fellow attorneys who describe some very expensive mistakes created by document preparers or paralegals (the Arizona Supreme Court does […]
Ten years after the passage of the “new” bankruptcy law we find a new class of Americans “the permanently insolvent”. You won’t find reference to this group in any financial magazine. But, hundreds of thousands of Americans are in a position of being hounded mercilessly by debt collectors, but unable to afford to file for […]
Yet another loan workout or modification scam. I am disgusted by the number of calls we receive every week detailing a company or lawyer who takes someone’s hard earned money and fails to deliver on their promise to modify the home mortgage.
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. The law requires the provider to offer the courses for free if you financially qualify.
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
5) Dollar Learning Foundation https://bothcourses.com/
a. $14.99 for credit counseling course and $7.99 for debtor education, plus additional fee for joint course takers.
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 (which may be virtual using Zoom (free and easy to install) and email a list of items to provide us for 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 (275 downloads)
Some other materials from Dave Ramsey:
Young children or health issues:Thank you for your courtesy.
Diane L. Drain, attorney, retired law professor, mentor and community spokesperson.
Financial problems are stressful. Just because you fill out this information and we talk there is absolutely no commitment to filing a bankruptcy. I am happy to answer your questions, but this does not create an attorney-client relationship. Until you hire my firm by signing a fee agreement, I am not your attorney.
REVIEW BANKRUPTCY EDUCATIONAL VIDEOS
The links below are to nine very short videos for Bankruptcy basics about the bankruptcy process and players. We require that you (and your spouse) watch all the videos in order to understand the process involved in bankruptcy, including some duties and dispel many myths about bankruptcy.
REVIEW LIST OF EXEMPTIONS - PRINT A COPY FOR YOUR RECORDS
Please review the list of exemptions AFTER you watch all the videos
IMPORTANT: Please print a copy for use in our discussion:
If you have not lived in Arizona for two years, Federal exemptions may apply in bankruptcy. Diane will explain more during your consultation.
ON-LINE QUESTIONNAIRE - MUST BE FILLED OUT COMPLETELY
This general review form will help me identify specific areas of concern that could lead to difficulty for you – whether or not you file for bankruptcy.
We promise that just because you send us this information there no commitment to filing for bankruptcy protection. There are situations when the best course is to wait before filing a bankruptcy, if ever. Any information you provide to our office will be held in strictest confidence.
Internet Explorer users – you may see a small pop-up window at the bottom of your computer screen that reads “Secured content is displayed”, then a box “show all content” MAKE SURE TO MARK THAT BOX OTHERWISE YOU CANNOT SEE THE FORM. This does not happen in Firefox or Chrome.
FREE CONSULTATION WITH DIANE
These discussions are always with Diane and can be scheduled at your convenience. If you have any questions or concerns regarding the form please contact us at 602.246.7106.
IMPORTANT: In order to prepare for our discussion please print the list of Download List Of Arizona Exemptions (7400 downloads) . Our discussion with start with a review of what you own and if it is protected from your creditors. It is important for you to be familiar with the list.
I am not your attorney until you agree to hire me and sign a retainer agreement.
Our goal is to be your guide in finding solutions. This means hard work for you, but the end result can be life-changing.
Are you forced to chose between buying food or paying rent? Please call us so we can explain your options for a new life.
This is no way to live and asking questions is the first step to finding some peace in your life.
If you watch the videos and fill out the questionnaire (below) I will do my best to give you the tools necessary to make informed decisions about your financial situation.
♥ This quote from one of our wonderful clients may help you understand the importance of reading and following directions.
Thank you. It was a pleasure and privilege to be your client. I am continually grateful that I was led to you to help me through my bankruptcy process. You are truly the best of the best and it would be a welcome honor to share my most wonderful and painless experience I had with you as my guide and wise counsel with anyone at any time. I have never read directions and followed rules more thoroughly in my life, and I couldn’t be more grateful for your master-planned website and life experience in this profession to make sure I remained educated and on track throughout. For your guidance, infinite knowledge and wisdom, professional-counsel and encouragement, I am most grateful. I sing your and Jay’s praises from the rooftops for the array of help and guidance I received. K.
Please complete the on-line questionnaire (see above) so we can talk about your unique situation.
FLOWCHART OF CHAPTER 7 PROCESS
FLOWCHART OF CHAPTER 13 PROCESS
WHAT NOW THAT I COMPLETED MY PHONE CONFERENCE WITH DIANE?
Assuming Diane agreed to help you with a bankruptcy she will either send you two emails or suggest you contact her when you are ready:
(1) from her “What’s Next”,
(2) from MyCaseInfo where you will fill out information necessary for the bankruptcy process.
LINK TO MEAN’S TEST - FOLLOW UP FROM INITIAL CONSULTATION
WHAT IS INVOLVED IN A TYPICAL INDIVIDUAL BANKRUPTCY?
WHY CHOOSE ME AS YOUR LAWYER?
Diane L. Drain, attorney, mentor, community activist, law professor, wife, mother, plus much more
Why choose our firm – because this firm never has been or will be a bankruptcy “mill” made of up inexperienced or indifferent lawyers. YOU DESERVE BETTER!!
I practiced law since 1985 and find the most dangerous false impression is that bankruptcy is a “one size fits all”. The truth is exactly the opposite – it is extremely rare for one person’s financial and life circumstances to be the same as another. My goal is to customize legal advice to your unique history, needs and wants; all for a very reasonable price.
See the comments from our wonderful clients made about how we helped them find that fresh start.
FIRST MAJOR CONCERN ’WHAT WILL THIS COST ME"
A cheap attorney can be very expensive
They all appreciate that our initial discussion is free. At the end of the initial discussion I will let you know if I can help and what my fees will be.
We all fear the cost of hiring any professional. I realize that price is important, but what is more important is receiving competent advice. Otherwise, you will have a miserable experience and waste a lot of money trying to fix errors caused by improper advice or planning. Remember “it costs more to fix a problem then it costs to do it right the first time“. Hiring a cheap lawyer is very expensive.
The information you provide will help me diagnose any problems and explain how best to fix those problems (some that you never realized would be problems). It may be that bankruptcy is not an option, or may only be one of several options. Like with good medical treatment, this type of diagnosis and planning takes time and experience.
See article “What is a Simple Bankruptcy?”
MY ADVICE - GET MORE THAN ONE OPINION
Talk to more than one experienced lawyer. As you interview various law firms, look for a law firm with a good balance of pricing, experience and integrity.
See article How to Hire a Good Attorney.
Article: The Most Difficult Part of Bankruptcy Has Nothing to Do With Money.
THE ENTIRE CHAPTER 7 PROCESS
CHAPTER 13 PROCESS
STARTING OVER, Dave Ramsey’s Survival Guide
LINK TO NEXT STEPS AFTER PHONE CONSULTATION
(for use only after telephone conference with Diane)
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 what 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.
Consumer Financial Protection Bureau (CFPB) filed its lawsuit in August 2013, against debt-relief services company Morgan Drexen. The CFPB alleges, among other things, that Morgan Drexen deceived consumers into paying unlawful up-front fees for debt relief services by disguising them as fees related to “sham” bankruptcy services. According to an article by Joanna M. Zdanys […]
Many people assume that their business will not be affected when they file bankruptcy. They may be very wrong in that assumption. Why? The answer is “it depends on the type of bankruptcy filed”.
United States District Court, District of Arizona PLEA AGREEMENT BY RICHARD S. BERRY, WHY PAY A LAWYER Case 2:14-cr-00322-SRB Document 47 Filed 01/27/15 BANKRUPTCY FRAUD USA v Richard Sylvester Berry CR14-0322-PHX-SRB (SPL) 03/05/2014 Excerpt from Plea Agreement: 9. From April, 2010 through March, 2014, in the District of Arizona: 1. The defendant devised a scheme […]
