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    • General Review of Bankruptcy
    • Bankruptcy for an Individual
    • Bankruptcy For Small Business
    • Bankruptcy Help For Creditors
    • General Bankruptcy FAQs
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    • Tools & Downloads
      • Beyond the Paperwork: It’s Not Just Filling Out Forms, and Understanding The Attorney’s Role
      • Arizona Exemptions (download)
      • Federal Exemptions (download)
      • Chapter 7 Flowchart (download)
      • Chapter 13 Flowchart (download)
      • Bankruptcy Terms in Plain Language
      • How to Protect Your Social Security
      • Superior Court Process & Helpful Links
      • Important Chapter 7 & 13 Deadlines
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Category: Creditors Rights

  • Why is a Creditor Suing Me After I Filed Bankruptcy – You Did Not Follow the Law.

    Published On: July 5, 2024

    What are the Basic Bankruptcy Principles? Bankruptcy is a legal process that helps people and businesses overwhelmed by debt get a financial ‘start fresh’. The principles of discharge, disclosure, and due process are key to [...]

  • block maze

    Bankruptcy and New Arizona Homestead Statutes

    Published On: January 20, 2022

    Bankruptcy Issues After January 1, 2022 Changes in Arizona Homestead Statutes Reprint from Gary Stickell’s website: January 19, 2022 The Arizona Homestead exemption increased from $150,000 to $250,000 as of [...]

  • character holding red stop sign

    The Arizona Statute of Limitations Applicable to Collection Lawsuits and Non-Judicial Trustee’s Foreclosure Sales of Real Property,

    Published On: January 30, 2021

    The Arizona Statute of Limitations Applicable to Collection Lawsuits and Non-Judicial Trustee’s Foreclosure Sales of Real Property, article by Larry O. Folks, Folks Hess, PLLC (1/2021). Excerpts: Can a lender collect upon a promissory [...]

  • Gavel Hitting a House

    Enforcement of Arizona Money Judgment Against Debtor’s Residence “Homestead” Property

    Published On: October 29, 2020

    Analysis of Enforcement of Money Judgments in Arizona Against a Judgment Debtor’s Residence / “Homestead” Property By Larry O. Folks (10/26/20) (reprinted with permission of author) Relevant Background Facts Judgment Creditor obtained a money [...]

  • hand throwing two dice, with skulls instead of dots

    Supreme Court – Statute of Limitations under FDCPA

    Published On: December 12, 2019

    Holding: Statute of limitations begins to run when the alleged FDCPA violation occurs, not when the violation is discovered. […]

  • sign - beware of fakes

    What is Debt Settlement?

    Published On: April 13, 2019

    Reprint from Consumer Affairs Desperate consumers enter into these agreements without fully understanding how they work. Generally, debt relief or debt settlement companies offer a service to debt-burdened consumers to intervene with creditors–in most cases [...]

  • sign "The Law"

    Arizona Judgment Renewal Law Changed to 10 Years

    Published On: June 12, 2018

    Guest Post: Larry Folks, Folks Hess Kass, PLC  (See update below)On March 20, 2018, Arizona Governor Doug Ducey signed into law House Bill 2240, which extends, from five years to 10 years, [...]

  • What is a Proof of Claim in a Bankruptcy?

    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 [...]

  • Student Loans disaster

    Collection of Private Student Loans Tossed Out of Court

    Published On: July 18, 2017

    A review of court records show many collection cases are deeply flawed, with incomplete ownership records and mass-produced documentation.   Private student loans wiped out – missing paperwork From the New York Times: “Tens of [...]

  • debt collector

    Supreme Court Finds Debt Buyers Free to Collect on Old Debts

    Published On: May 21, 2017

    US Supreme Court May 15, 2017: Resolving a split of circuits, the Supreme Court held 5/3 in Midland Funding LLC v. Johnson  6-348 (Sup. Ct. May 15, 2017) that a debt collector who [...]

12Next
5 / 5

We were treated with the utmost care and respect

"We were treated with the utmost care and respect." A.W. We were very apprehensive and stressed out at the thought of having to go through such a difficult process. From our first meeting with Diane Drain it was clear that we would not have to go through this [...]

5 / 5

Diane Drain and her staff have guided us through the rough terrain of a bankruptcy

"Diane Drain and her staff have guided us through the rough terrain of a bankruptcy" Anonymous Diane Drain and her staff have guided us through the rough terrain of a bankruptcy. From the beginning of this process,to an end that is quite near, Ms. Drain has provided [...]

5 / 5

I felt completely at ease

" I felt completely at ease." D.A. I was greatly relieved to find an attorney that I felt completely at ease with, confident in her professionalism and her staff; and to find someone I felt I could trust completely.

5 / 5

Her warmth and caring and wealth of experience greatly eased the stress

Her warmth and caring and wealth of experience greatly eased the stress. J.R. One and a half years ago, after a series of physical problems, I finally admitted to myself that I could no longer handle my debt load. I was going under, and knew I would [...]

5 / 5

Overall grade for help received from Diane and her staff – 110%

"Overall grade for help received from Diane and her staff – 110%" N. Overall grade for help received from Diane and her staff – 110%. Now I can breath and it is thanks to Diane.

5 / 5

You made an unexpected, uncomfortable experience easy

"You made an unexpected, uncomfortable experience easy." J. & H. You made an unexpected, uncomfortable experience easy to get thru and recover and move on in our lives!. Thank – you are the best.

5 / 5

I couldn’t have done it — wouldn’t have dreamed of even trying — without you and Jay. You’re the very best!

"I couldn't have done it -- wouldn't have dreamed of even trying -- without you and Jay. You're the very best!” D.C. For a review I decided to do something a little different, which is to adapt my last email letter because it illustrates my elation and good [...]

5 / 5

ROCKSTARS Diane and Jay!!! I am so happy

“ROCKSTARS Diane and Jay!!! I am so happy ” P.C. ROCKSTARS Diane and Jay!!! I am so happy to work with you again. Within a few months, you got me the BEST results. You did exactly what you said you would do. You went above and beyond [...]

5 / 5

After paying all my bills for 49 years and barely treading water, I was laid off and found myself with nothing

After paying all my bills for 49 years and barely treading water, I was laid off and found myself with nothing. D.W. Like many people, I was very apprehensive about filing bankruptcy. At 65 years old, I always thought- That would never be me! But after paying all my [...]

5 / 5

Diane was positive and she was also less expensive

"Diane was positive and she was also less expensive" Anonymous Diane and her team were true professionals throughout our bankruptcy process. My husband and I did extensive research when choosing an attorney and the information we received on Diane was positive and she was also less expensive [...]

5 / 5

Extremely competent representation and explanations

"Extremely competent representation and explanations!" K.M. 5 Star service and representation from Diane and Jay. Extremely competent representation and explanations of the legal process and how to prepare for the filing. True compassion shown to those going through a very difficult time in their lives. Diane is obviously respected [...]

5 / 5

Diane and Jay did an excellent job

"Diane and Jay did an excellent job" S.K. Diane and Jay did an excellent job and my wife and I could not be happier. She was able to help us keep the assets that were important to our family and answered our questions along the way. Very [...]

5 / 5

Diane guided us every step of the way.

“Her assurance that there was nothing to be ashamed of, gave us the incentive to proceed.” D. Diane was fabulous during our bankruptcy, guiding us every step of the way. After medical bills got us behind, we didn’t know where to turn and felt uncomfortable filing. Her assurance [...]

5 / 5

Wonderful attorney

“Wonderful attorney” Anon She helped us with our bk 7 years ago and not only did she do a wonderful job representing us she taught us a few things about money! We are doing great now with great credit scores, a new home and cars all within [...]

5 / 5

You were wonderful

"You were wonderful!!" L. You were wonderful – Thank you so much. I am so glad that my son went to your seminar and found you.

5 / 5

She helped me find resources and gave advice even if she will not be benefiting

She helped me find resources and gave advice even if she will not be benefiting. R.B. Diane Drain is a very kind person. She helped me find resources and gave advice even if she will not be benefiting from the advice. Thank you Diane! [...]

5 / 5

Assisted in identifying and helping me successfully navigate any pitfalls

Assisted in identifying and helping me successfully navigate any pitfalls. R.G. Diane Drain and Jay provided professional, comprehensive services and support through every step of the bankruptcy process, were always available to answer questions. Diane has developed an extensive array of handouts and email templates that addressed [...]

5 / 5

Diane will clearly and patiently explain to you the most critical information

Diane will clearly and patiently explain to you the most critical information. J.M. If you are considering bankruptcy, make sure you consult with Diane Drain, and learn as much as you can from her website prior to your free consultation. Why? Diane will clearly and patiently explain [...]

Law Off of D.L. Drain P.A., Arizona Bankruptcy Lawyer | "Helping You Get Your Life Back on Track"

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