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.
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.
This page is for individuals; if you would like to learn about a bankruptcy for a business please follow this link.
Welcome back. This next stage will take you through entering data (on-line), meeting with me (twice) and preparing for filing your bankruptcy.
There is a great deal of commitment in helping a client navigate the bankruptcy process. Each of our clients receive individualized attention, with a focus on their unique needs. I promised you earlier that we are here to help you. I also promised that our firm is not a bankruptcy “mill” because we feel you deserve better than to be treated like cattle headed down a chute. I also mentioned that it is very rare for one person’s financial and life circumstances to be the same as another. I customize my legal advice in order to respect your unique history, needs and wants.
Everything takes planning in order to avoid unnecessary surprises.
Taking time to plan a bankruptcy is an absolute necessity. 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 that you are now going to provide me will help to paint an accurate and detailed picture. Make notes of any questions. You will have several opportunities to ask questions or make corrections. Remember – you are not on your own. Instead, we are your guide as you traverse this rocky mountain called “bankruptcy”.
Now that we talked what should you do next?
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.
Do your best to obtain these credit reports (all three for each spouse) in order to fill out the Online Asset and Debtor Information (see below) completely. 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 that you have recently received from your creditors/collection companies.
After your free telephone conference Diane sent you an invitation to enter data to a secure on-line portal: www.MyCaseInfo.com. Please call us if you cannot find that invitation. MyCaseInfo is a secure site and only our firm will receive your financial information.
STOP AND READ: Before going any further print and read Instructions for Entering Data on MyCaseInfo. There is a lot of work to do this properly and these instructions will make your work much easier. Please call Jay (602-246-7106) if you still have questions after reading the instructions. This information becomes the foundation for your entire bankruptcy.
You and I will go over all the information during our in-person appointments. When your bankruptcy is filed you will be asked to swear under oath that the information in your documents is complete and accurate. 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 so as to avoid complications later.
Congress 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.)
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.
NOTE: The credit counseling course certificate is good for only 6 months so please do not take it until you are ready to meet with me and ready to file your bankruptcy.
Other options for providers are: CINgroup, GreenPath, DebtHelper and DECAF.
Beware of offers from fraudulent educational services. They must be approved by the US Trustee’s Office.
Note: Dave Ramsey provides some very good materials and links:
Please give us a call at 602.246.7106 to confirm we received notice that you completed the on-line intake process. Diane will call to schedule your first meeting and e-mail a list of items to bring to your meeting. The following is an advanced look at that list:
As a favor to us:
Thank you for your courtesy.
LIST OF ALL STEPS FOR THE ENTIRE BANKRUPTCY PROCESS FROM BEGINNING TO END
Please Note:
The information in this web site is not intended to constitute legal advice or to create an attorney-client relationship.
If you act first and then ask for legal advice it will very expensive to fix the problems you unintentionally created, assuming the problems can ever be fixed.
We know you are stressed, overwhelmed and afraid of what may come next. You dread each time the phone rings or someone knocks on the door. 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 unique situation.
CLICK HERE FOR INFORMATION ABOUT BUSINESS BANKRUPTCY
♥ 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.
When facing a financial crisis everyone has a lot of questions. I want to answer those questions, but first you must do two important things.I know this is a stressful time and don’t want to make gathering information difficult, but I really want to give you the best legal advice I can. This is like your doctor requiring blood test and x-rays in order to correctly diagnose a medical problem.
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 clearly comprehend the process involved in filing bankruptcy, your duties in filing bankruptcy and dispel many myths about bankruptcy.
REVIEW LIST OF ARIZONA EXEMPTIONS
Please proceed to Review the List of Arizona Exemptions AFTER you have watched all the Videos
IMPORTANT: Please print a copy for use in our discussion:
GENERAL QUESTIONNAIRE FORM
The general review form is intended to provide me with sufficient information so I can properly advise you about bankruptcy and other options. If bankruptcy is appropriate then we will talk about which type of bankruptcy will accomplish your goals.
This information will also assist in identifying 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 Drain 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 (259 downloads) . Our discussion with start with a review about the property you own and if it is protected from your creditors. It is important for you to be familiar with the list.
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.
WHY CHOOSE ME AS YOUR LAWYER?
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"
First, our clients will tell you that my fees are very reasonable. They all appreciate that our initial discussion is free.
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“.
We need to know more about your unique situation before we can give you an accurate cost for our help. 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. 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
LINK TO NEXT STEPS AFTER PHONE CONSULTATION
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”.
