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 [...]
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 [...]
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 [...]
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 [...]
Published On: December 12, 2019
Holding: Statute of limitations begins to run when the alleged FDCPA violation occurs, not when the violation is discovered. […]
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 [...]
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, [...]
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 [...]
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 [...]
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 [...]
If you do your work (make sure everything is accurate) she will do hers and you will have great results
If you do your work (make sure everything is accurate) she will do hers and you will have great results. C & P Diane is a great attorney that made our BK experience as smooth as possible. Before seeing Diane, we went to another attorney who told [...]
She was honest and upfront with us and really knows her subject matter
"She was honest and upfront with us and really knows her subject matter" H.P. My wife and I had several questions and concerns regarding our home and a second mortgage which the lender is unwilling to work with us. After jumping through numerous hoops and an endless [...]
It is a lot of work to prepare, but….we are more prepared for a better future
"It is a lot of work to prepare, but….we are more prepared for a better future" L & A.Q. My wife and I would like to thank Diane and Jay for their hospitality, thoroughness and patience. With the hard decision of wanting to file bankruptcy, they showed [...]
What a huge relief to be released from the financial burden
“If you follow everything she says the process is easy and stress free.” J.E. Don’t hesitate, call Diane! Diane has been a huge lifesaver! I reached out to Diane through a Google search when the existing law firm I had started with wasn’t communicating with me. She [...]
Communication is key when entering into a bankruptcy
“Communication is key when entering into a bankruptcy” K.H. I can’t say enough good things about Diane. The way she handled my not typical circumstances was amazing. I was very nervous to start the bankruptcy process but Diane just has a very comforting way of explaining the [...]
OTHER REVIEWS – “She took her time to answer questions, even on a Sunday.”
“ She took her time to answer every single one of my questions and guided me how to go about resolving my issue” Mauro Rodriguez I just want to thank Diane for such professionalism, knowledge, and for being so patient and attentive. I called on a Sunday [...]
Diane was a the best choice we could have made
"Diane was a the best choice we could have made!" R.D. Diane was a the best choice we could have made when choosing our legal counsel. She is as much a teacher as a lawyer, always patient and willing to answer any questions no matter how small. She was [...]
her greatest goal is her clients best interests
“her greatest goal is her clients best interests” R.M. Diane called me today and kindly took 45 minutes of here very valuable time to determine the best course of action for my financial problems. Turns out bankruptcy and her chance for a legal fee were ruled out [...]
Thanks to your guidance and insistence that I take responsibility for my case
I knew what to do and what to expect every step of the way thanks to your guidance and insistence that I take responsibility for my case. I greatly appreciate that! Not to mention, both you and Jay are wonderful people. Thanks so much! "Thanks to your [...]
To file bk was a very hard decision to have to make
"To file bk was a very hard decision to have to make" A.C. To file bk was a very hard decision to have to make. I felt like a failure. In my early 20’s my husband and I bought a home and financed it using an arm [...]
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.
Thank you for your expert care with our bankruptcy case
"Thank you for your expert care with our bankruptcy case." J.L. Both Diane Drain and Jay McClimon at Law Office of D.L. Drain are by the far the most passionate, honest, and hardworking people I have ever met. Thank you again for your expert care with our bankruptcy [...]
Diane and Jay Answered All Our Questions
“They answered all our questions patiently and thoroughly explained the legal processes and what we could expect so there were no surprises. .” T.D and R.I. Diane and Jay are an absolutely phenomenal professional team. Bankruptcy is not an easy undertaking and there [...]
Any questions we had were answered quickly.
“Any questions we had were answered quickly. ” L. C. Diane and Jay have been wonderful through this whole experience. I don’t know what we would’ve done without them. Any questions we had were answered quickly. I would highly recommend their law firm if you’re looking for [...]
Thank you for the good news and for being nothing less than a “stellar” legal representative
"Thank you for the good news and for being nothing less than a “stellar” legal representative" C.M. Diane, Thank you for the good news and for being nothing less than a “stellar” legal representative, a great and understanding sounding board for me during a most difficult and [...]
She was very pleasant, knowledgeable and informative
"She was very pleasant, knowledgeable and informative" P.K. I live in Las Vegas and had a legal matter involving bankruptcy. My attorney in Las Vegas informed me that I would need an attorney from Arizona since the claim was filed in Arizona. I knew no one so [...]
Diane, Thank you so much!
"Diane, Thank you so much!" G.S. Diane, Thank you so much! You did a fantastic job and made this complex process so easy to understand. As you know I interviewed a different Attorney first. I’m so happy I choose you! You are by far the most informed person on [...]
Diane and Jay are caring professionals providing exemplary representation
“I found the Law Office of D.L. Drain to be caring professionals providing exemplary representation…” R.B. Disability and subsequent early retirement caused a growing realization of the need to pursue bankruptcy. I started the process of selecting an attorney with fear and trepidation. [...]
