• About Diane Drain Arizona Bankruptcy Lawyer Her promise to you…. I love my work Diane Drain's mission, as a top Arizona Bankruptcy Lawyer, is her commitment to lifelong learning and [...]

  • Mertola LLC v Alberto J Santos/Arlene Santos CV-17-0109-PR (AZ Supreme Court, 7-27-18)  Statute of limitation for debt collection in Arizona – cause of action to collect the entire debt accrued as of the date of Santos’s [...]

  • Published On: February 5, 2018

    Some creditors may be paid through the bankruptcy, others are not so lucky. Some creditors are secured against collateral, such as a car or house; while others are unsecured, such as a credit card or [...]

  • Bank of America Hit with $45 Million in Punitive Damages for Bankruptcy Stay Violations In re: Sundquist v. Bank of America, NA | Bank of America Hit with $45 Million in Punitive Damages for Stay [...]

  • Published On: February 25, 2017

    Diane's Awards & Recognitions My mantra “What we have done for ourselves alone dies with us.  What we have done for others and the world remains and is immortal”  [...]

  • Published On: April 10, 2015

    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 [...]

  • Published On: March 21, 2015

    BANKRUPTCY PLANNING: 5 TRAPS FOR THE UNWARY The following is an excellent article by another attorney.  I like to give credit where credit is due – so I offer to you Mr. Blades [...]

  • DEED IN LIEU: MERGER DOCTRINE DOES NOT APPLY WHERE GRANTEE IS SENIOR LIENHOLDER By Benzion J Westreich & Scott C Cutrow, Katten Muchin Rosenman LLP (reprinted with permission of authors) (This article was first [...]

  • Published On: February 7, 2015

    WHAT IS A DEED IN LIEU OF FORECLOSURE? ALSO REFERRED TO AS A DEED IN LIEU or DIL Foreclosure is sometimes the best option for the lender. When a secured debt on [...]

  • Published On: January 4, 2015

    A trustee’s sale or foreclosure is the process that the lender may use when the loans are not paid or there is some other default of the original loan agreement. The law of the state [...]

  • Published On: November 17, 2014

    INHERITANCE AND BANKRUPTCY How a Disclaimed Inheritance Can Be Recovered Under Section 544(b) In re Spenser, 22-3016 (Bankr.S.D. ILL. 3/17/2023) Conclusion: Section 544(b)(1) of the Bankruptcy Code permits the Trustee to recover [...]

  • Published On: November 17, 2014

    LAWSUITS, LIENS AND JUDGMENTS “Judgment-proof” is a legal concept and refers to those individuals, such as minors and those not legally competent, against whom a judgment may not be entered, or if [...]

  • Published On: August 30, 2014

    WHAT IS A “SIMPLE" BANKRUPTCY? Here is a great blog from Matt Berkus, another bankruptcy attorney, in response to the statement we all heard “I have a simple bankruptcy”. Invariably, two-thirds of prospects will [...]

  • Published On: June 18, 2014

    TRACING OF FUNDS IN BANKRUPTCY In re Sutton-Robinson, 4-11-bk-16753-JJM (Az BK court, 3/19/12)  The chapter 7 trustee (“Trustee”) objected (ECF No. 37) to a claimed exemption in an investment account, which [...]

  • WHAT IS INVOLVED IN THE TYPICAL CONSUMER BANKRUPTCY? A typical consumer bankruptcy filing consists of 60 or more pages of paperwork, so what is involved depends on your unique situation. [...]