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  • Our Story
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    • Bankruptcy History & Religion
    • Life Tips and Humor
  • Bankruptcy
    • General Review of Bankruptcy
    • Bankruptcy for an Individual
    • Bankruptcy For Small Business
    • Bankruptcy Help For Creditors
    • General Bankruptcy FAQs
    • Bankruptcy Articles & Links
    • 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
    • Bankruptcy Videos
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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

Efficient and Effective

"efficient and effective" Anonymous Diane was efficient and effective in handling my case. She has made herself available whenever a question arose. Her interface with the trustee allowed me sufficient time to allow an expedited discharge. Her office has provided an open door for any future issues [...]

5 / 5

We can’t say enough good things about Diane Drain

"Great Team - Diane & Jay. If ever there is a question she is there to answer it." K & C GREAT TEAM – DIANE AND JAY.  We can’t say enough good things about Diane Drain. My wife and I were at a point that we were devastated [...]

5 / 5

She was more interested in my welfare than in charging a fee

She was more interested in my welfare than in charging a fee. L.B. I cannot tell you how grateful I am that Diane Drain took my call. I was desperate and she made me feel that I could sleep through the nite. She explained all my options [...]

5 / 5

She Took the Time to Help Me Find Someone

“The Kind of Attorney You Want on Your Side... ” A.V. Diane Drain is an amazing person. She is the kind of attorney you want on your side and comes highly recommended by other attorney's. Even though my case was not a bankruptcy case, she took time [...]

5 / 5

Absolutely top notch

"Absolutely top notch" D.W. Absolutely top notch.   All my questions were answered.    Would definitely recommend this firm to anyone.

5 / 5

You helped me in many ways and I am very grateful

" You helped me in many ways and I am very grateful!" D. I can’t tell you how glad I am that you were our bankruptcy attorney. You helped me in many ways and I am very grateful. Most of all, I appreciate your frankness and honesty. You always [...]

5 / 5

Diane helped me understand bankruptcy.

“I am so thankful I got to encounter two amazing people who helped me every step of the way.” M.K.B. I found Diane Drain just by going through Google and looking for an attorney who could help me understand bankruptcy. She was quick to reply to my [...]

5 / 5

Five Stars is Not Enough.

“Five Stars is Not Enough. ” T.D. It would be difficult to fully describe how effective and talented Diane is. She took my exceptionally (some would say ridiculously) complex case and made sense of it. I'd had a very negative experience with my former counsel and from Day [...]

5 / 5

Highly recommend Diane Drain!

“Highly recommend Diane Drain!” J.P. I could not have made a better choice than Diane to help me with my bankruptcy case. During what is a very difficult and stressful time, she made things so easy to understand and the process could not have gone smoother. If [...]

5 / 5

Diane’s steady hand, expertise and cool head, got us on the right track

“Diane’s steady hand, expertise and cool head, got us on the right track.”  P.R. Our lives were spinning out of control. We were trying all kinds of “quick fix” gimmicks to get our finances in order following employment challenges and being small business [...]

5 / 5

thank you for helping me keep my car and some self respect

"Thank you for helping me keep my car and some self respect." G. Diane – thank you for helping me keep my car and some self respect. This was so hard to do. I did feel a sense of relief once I saw you and we actually were [...]

5 / 5

whole process went very smoothly from beginning to end

"whole process went very smoothly from beginning to end." Anonytmous We filed for chapter 7 bankruptcy and the whole process went very smoothly from beginning to end. This was thanks to Ms. Drain who was caring, professional and committed to making sure that we fully understood the bankruptcy [...]

5 / 5

There were no demons or dragons. It my constitutional right to be free of debt

There were no demons or dragons. It my constitutional right to be free of debt. V.M. I first met Diane in 2009. I was losing control of my finances and therefore my whole life seemed a day to day mix of anxiety and fear. I landed on [...]

5 / 5

A Fresh Start Feels So Good

A fresh start feels so good! I am now looking forward to purchasing a home in the near future. L.T. I had the wonderful experience of working with Diane Drain to get me through the bankruptcy process. Diane was a Law Professor for many years. She knows [...]

5 / 5

Finding the right lawyer to help with a financial reboot.

“Finding the right lawyer to help with a financial reboot” T & G.W. We found ourselves in a financial tsunami 2 yrs ago. No matter how we did things the financial outlook was getting worse and worse. We finally decided we needed to investigate options. Once we [...]

5 / 5

The best professional relationship that I have had with an attorney

"The best professional relationship that I have had with an attorney" M.L. The best professional relationship that I have had with an attorney (I’ve had more than my share of their services!)_I was treated with respect and all things were timely, correct, and according to plan. Thank you [...]

5 / 5

They provide hope and ease throughout a very stressful situation

“They provide hope and ease throughout a very stressful situation” C.G. Diane and Jay provide hope and ease throughout a very stressful situation. Diane is thorough, knowledgeable, experienced and trustworthy. She takes her time with each step ensuring she understands the story. They are both available when [...]

5 / 5

It felt like we had some friends who cared about us

It felt like we had some friends who cared about us. S.D. My husband and I wanted to begin the process of starting our bankruptcy, but it’s really scary not knowing who you can trust and who would step up to bat for you. Diane and Jay [...]

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

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We are a debt relief agency; we help individuals and small businesses through the bankruptcy process. Attorney Advertising. This website is designed for general information only. Any information you obtain from this website should not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should consult an attorney for information on obtaining formal legal advice.

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