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.

Document Preparers or Paralegals Ripping Off Consumers

November 28, 2018/in Consumers, Document Preparers /by Diane Drain

Too Poor to File Bankruptcy – a New Class of Americans

May 8, 2015/in 2005 Bankruptcy Abuse Prevention and Consumer Protection Act "BAPCPA", Attorneys, Bankruptcy, Bankruptcy Videos, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Issues, Credit Report, Document Preparers /by Diane Drain

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 […]

Tips on How to Hire a Great Attorney

April 26, 2015/in Attorneys, Bankruptcy, Bankruptcy Videos, Consumer Issues, Document Preparers, General Videos /by Diane Drain

Another Loan Workout Nightmare, plus Resources for Saving Your Home: Arizona

April 26, 2015/in Bankruptcy, Bankruptcy Videos, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Issues, Debt Relief Agencies, Document Preparers, Homeowner bailout, Loan Modification, Real Estate, Trustee Sales /by Diane Drain

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.

Reopening Bankruptcy Case

April 10, 2015/0 Comments/by Diane Drain

Reopening Bankruptcy Case

important legal notice 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.

Bankruptcy for an Individual – Moving Toward Filing Your Bankruptcy

March 28, 2015/0 Comments/by Diane Drain

BANKRUPTCY FOR AN INDIVIDUAL – MOVING TOWARD FILING YOUR BANKRUPTCY

important legal notice 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.

Welcome back. This next stage will take you through entering data (on-line), meeting with me (twice) and preparing for filing your bankruptcy.

bankruptcy

Each client receives individualized attention because our firm is not a bankruptcy “mill”.

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.

Taking time to plan a bankruptcy is an absolute necessity; that is the only way to avoid unnecessary surprises.

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”.

IN ORDER FOR DIANE TO MEET WITH YOU PLEASE COMPLETE THE FOLLOWING FOUR STEPS

FLOWCHART OF CHAPTER 7 PROCESS

Chapter-7-flow-chart 9-12-18.pdf (38 downloads)

FLOWCHART OF CHAPTER 13 PROCESS

Chapter-13-flow-chart-9-12-18.pdf (104 downloads)

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.

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 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:

I either sent you an invitation to enter data to a secure on-line portal: www.MyCaseInfo.com, or
I suggested you contact me if you wanted to move forward.

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:

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 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:

( Instructions-for-MyCaseInfo-7-23-18.pdf (3 downloads) )

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.

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

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.

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.

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 and e-mail a list of items to bring to 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:

Half of the retainer fee. The balance, plus the court filing fee, is to be paid at your next meeting (when we will be preparing to to file your bankruptcy).
Your driver’s license and social security cards. – Lost your social security card? Complete an application (www.socialsecurity.gov/ssnumber) or call 1-800-772-1213.
Last 7 months of all pay stubs and/or proof of income (if self-employed).
Credit Counseling Certificate(s).
Bank statements for last 12 months for all bank accounts (open and closed), including business (if any). Make sure to obtain these statements BEFORE closing the accounts.
Tax returns for last 3 full years
Copies of all vehicle titles or registrations.
Copies of law suits, if any.
If you owe back child support or alimony – calculate how much you owe.
If you are behind on house payments and plan on saving your home, then bring a statement from lender indicating the amount necessary to bring the loan current, plus a copy of the Notice of Trustee’s Sale, if any.
If you owe back federal taxes – obtain a literal transcript – IRS form 4506T-EZ from the IRS for the last 4 years.
NOTE: IRS Information about taxes.

THE FOLLOWING INFORMATION MIGHT BE OF INTEREST, BUT NOT REQUIRED FOR OUR MEETING:

EXTRA FOR YOU: STEPS FOR ENTIRE "TYPICAL" CHAPTER 7 FOR AN INDIVIDUAL

LIST OF ALL STEPS FOR THE ENTIRE BANKRUPTCY PROCESS FROM BEGINNING TO END

EXTRA FOR YOU: STARTING OVER - Dave Ramsey’s Post-Bankruptcy SURVIVAL GUIDE & OTHER MATERIALS

Gift for you – Starting-Over-Dave-Ramseys-Survival-Guide.pdf (42 downloads)

Some other materials from Dave Ramsey:

www.EveryDollar.com (premier budgeting site and app);
www.DaveRamsey.com (good financial advice site- numerous tools);
Thriving After Bankruptcy webinar and live video Diane’s note – Dave Ramsey tries to persuade folks not to take on any debt (that is fine is you are a millionaire like Ramsey, but not for the rest of us). Don’t take what his people say as gospel. Learn to find your own path by learning from others. Trust yourself.

As a favor to us:

Both Jay and I are sensitive to strong smells. We would really appreciate if you avoid the use of perfumes or cologne when you meet with us.
Leave small children at home. This is not fair to the child or to you. Our first meeting is almost three hours long and you need to be able to concentrate. If you have children over 10, who can be left on their own for three hours, we will be happy to accommodate them.
Illness: please reschedule your appointment if you or your family members are ill with cold or flu symptoms. We promise to do the same for you.

Thank you for your courtesy.

Bankruptcy for an Individual

March 28, 2015/0 Comments/by Diane Drain

Bankruptcy for an Individual

important legal notice 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.

WE KNOW YOU ARE STRESSED, OVERWHELMED and AFRAID OF WHAT MAY COME NEXT.

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.

Do you dread each time the phone rings or someone knocks on the door?

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.

Diane L. Drain, attorney, retired law professor, mentor and community spokesperson.

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.

You need to learn a little about the bankruptcy process, and
I need to learn a little about your unique situation.

In order for me to help please to do the following:

Watch 9 very short Bankruptcy Court videos.
Print and review the Arizona exemptions.
Fill out the financial form (do your best to answer all the questions).
YOU AND I WILL HAVE A FREE PHONE CONSULTATION.

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 understand the process involved in bankruptcy, including some duties and dispel many myths about bankruptcy.

REVIEW LIST OF ARIZONA EXEMPTIONS - PRINT A COPY FOR YOUR RECORDS

Please review the list of Arizona exemptions AFTER you watch all the videos

IMPORTANT: Please print a copy for use in our discussion:

ARIZONA EXEMPTIONS 2-2016

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.

General Online Questionnaire

FREE CONSULTATION WITH DIANE

Once we receive your completed Financial Status Form Diane will call to schedule your free 30 to 40 minute telephonic consultation.

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 (1393 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.

THE FOLLOWING MAY ANSWER SOME OF YOUR QUESTIONS.

Please complete the on-line questionnaire (see above) so we can talk about your unique situation.

FLOWCHART OF CHAPTER 7 PROCESS

Chapter-7-flow-chart 9-12-18.pdf (38 downloads)

FLOWCHART OF CHAPTER 13 PROCESS

Chapter-13-flow-chart-9-12-18.pdf (104 downloads)

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.

WHAT IS INVOLVED IN A TYPICAL INDIVIDUAL BANKRUPTCY?

What is involved in a typical individual bankruptcy?

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. 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.

I 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. 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

LIST OF ALL STEPS FOR THE ENTIRE BANKRUPTCY PROCESS FROM BEGINNING TO END

CHAPTER 13 PROCESS

Difference between chapter 7 and chapter 13.

STARTING OVER, Dave Ramsey’s Survival Guide

Starting-Over-Dave-Ramseys-Survival-Guide.pdf (42 downloads)

LINK TO NEXT STEPS AFTER PHONE CONSULTATION

Link to What’s Next: page 2

(for use only after telephone conference with Diane)

CFPB vs Morgan Drexen – fraudulent debt “relief” assistance

March 15, 2015/2 Comments/in Attorneys, Bankruptcy, Bankruptcy Videos, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Collection companies & Debt buyers, Consumer Financial Protection Bureau, Consumer Issues, Debt Relief Agencies, Document Preparers /by Diane Drain

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 […]

I Filed a Chapter 7. Why Did the Trustee Take My Business?

March 8, 2015/in 2005 Bankruptcy Abuse Prevention and Consumer Protection Act "BAPCPA", Bankruptcy, Bankruptcy Videos, Chapter 7 Bankruptcy, Consumer Issues, Document Preparers /by Diane Drain

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”.

Richard S. Berry, Why Pay a Lawyer, Pleads Guilty to Bankruptcy Fraud

February 27, 2015/2 Comments/in Attorneys, Bankruptcy, Consumer Issues, Credit Report, Debt Relief Agencies, Document Preparers /by Diane Drain

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
© Copyright - The Law Office of D.L. Drain, P.A., Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney | Website

Document Preparers or Paralegals Ripping Off Consumers

Too Poor to File Bankruptcy – a New Class of Americans

Tips on How to Hire a Great Attorney

Another Loan Workout Nightmare, plus Resources for Saving Your Home: Arizona

Reopening Bankruptcy Case

Reopening Bankruptcy Case

REOPENING BANKRUPTCY CASE

Bankruptcy for an Individual – Moving Toward Filing Your Bankruptcy

BANKRUPTCY FOR AN INDIVIDUAL – MOVING TOWARD FILING YOUR BANKRUPTCY

Welcome back. This next stage will take you through entering data (on-line), meeting with me (twice) and preparing for filing your bankruptcy.

Each client receives individualized attention because our firm is not a bankruptcy “mill”.

Taking time to plan a bankruptcy is an absolute necessity; that is the only way to avoid unnecessary surprises.

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”.

IN ORDER FOR DIANE TO MEET WITH YOU PLEASE COMPLETE THE FOLLOWING FOUR STEPS

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.

STOP AND READ:

When your bankruptcy is filed you will be asked to swear under oath that the information in your documents is complete and accurate.

IN ORDER TO MAKE YOUR LIFE EASIER PLEASE PRINT THESE INSTRUCTIONS FOR FILLING OUT THE ON-LINE FORM:

( Instructions-for-MyCaseInfo-7-23-18.pdf (3 downloads) )

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.

THE FOLLOWING INFORMATION MIGHT BE OF INTEREST, BUT NOT REQUIRED FOR OUR MEETING:

As a favor to us:

Bankruptcy for an Individual

Bankruptcy for an Individual

WE KNOW YOU ARE STRESSED, OVERWHELMED and AFRAID OF WHAT MAY COME NEXT.

Do you dread each time the phone rings or someone knocks on the door?

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.

In order for me to help please to do the following:

Once we receive your completed Financial Status Form Diane will call to schedule your free 30 to 40 minute telephonic consultation.

THE FOLLOWING MAY ANSWER SOME OF YOUR QUESTIONS.

First, our clients will tell you that my fees are very reasonable.

I need to know more about your unique situation before we can give you an accurate cost for our help.

CFPB vs Morgan Drexen – fraudulent debt “relief” assistance

I Filed a Chapter 7. Why Did the Trustee Take My Business?

Richard S. Berry, Why Pay a Lawyer, Pleads Guilty to Bankruptcy Fraud

HELPFUL QUICK LINKS

BANKRUPTCY QUESTIONS

RESOURCES