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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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    • AZ Real Estate Overview
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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

Diane and Jay were very knowledgeable, professional and supportive

"Diane and Jay were very knowledgeable, professional and supportive!" April Filing bankruptcy was a very difficult choice and experience. But, Diane and Jay were very knowledgeable, professional and supportive throughout the process. Your team made the honor roll in a perfect grade.

5 / 5

You will have to put in the required time and effort, but Diane’s processes and methodology does work

“You will have to put in the required time and effort, but Diane’s processes and methodology does work” A & N.S. I have worked in the demanding High Technology Industry for over 40 years and have been involved with many stressful and high pressure business situations worldwide. [...]

5 / 5

Diane is the resource you need.

"Diane is the resource you need." K.M. If you are reading this; you probably need the services of a bankruptcy attorney and you’re worried and maybe a little frightened of the entire process and it’s impact on your life. Please trust us when we tell you that Diane is [...]

5 / 5

The BEST! – Five Stars

“The BEST! – Five Stars” K. I had filed for Chapter 7 with Diane and it was the easiest most stress free process. My wife and I were considering for months on just what to do since this was my first time filing and we got different [...]

5 / 5

They are experienced and professional

"They are experienced and professional!" M & J Diane and Jay helped my wife and I get past a difficult chapter in our lives. They are experienced and professional. They answered all our questions and gave us excellent advice. We followed there directions from start to finish and the [...]

5 / 5

Her knowledge and ability to ask the right questions enabled myself to have a plan of action

Her knowledge and ability to ask the right questions enabled myself to have a plan of action. L.G. I can’t begin to adequately express how professional, caring and dialed in Ms. Drain was when I consulted with her.  Her knowledge and ability to ask the right questions enabled myself [...]

5 / 5

Best Experience Ever!

“Best Experience Ever!” C.G. Answered all my questions and very knowledgeable team! Thank you  C.G.    

5 / 5

They helped me through a very difficult time

“They helped me through a very difficult time” P.J. Diane and Jay helped me through a very difficult time. My Husband passed after a year-long had to file chapter 7 bankruptcy, and needed to re-locate to Seattle to live with my daughter and her family. [...]

5 / 5

An expert who gets the job done!

"An expert who gets the job done!" B.R. An expert who gets the job done! We hired Diane Drain to handle a complicated eviction / Lift of Stay on a tenant who filed bankruptcy. Not only did she answer my multitude of questions in a timely manner, [...]

5 / 5

Great attorney

"Great attorney" J. 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 went online and searched for Arizona attorneys. [...]

5 / 5

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 [...]

5 / 5

Rated high among her peers

"Rated high among her peers" Anonymous Ms. Drain helped make a very difficult time more bearable. She treated us with the utmost respect and caring while pushing us to get together the paperwork needed to get us to the best possible end result. It was very obvious [...]

5 / 5

From our initial consultation, we were impressed by Diane’s legal knowledge and compassionate nature

“From our initial consultation, we were impressed by Diane's legal knowledge and compassionate nature,” C.R. My elderly parents were experiencing financial difficulty due to dealings with an unscrupulous timeshare company. Their only option was to file bankruptcy. While searching for a bankruptcy attorney, we came across the [...]

5 / 5

Diane and Jay were very patient with us

"Diane and Jay were very patient with us" N & J Diane and Jay were very patient with us in explaining every important detail involved in our case which helped ease the anxiety that sometimes came when we felt unsure about certain questions, Thank you. [...]

5 / 5

caring service

“You folks are the BEST OF THE BEST in Arizona” M.H. "caring service" M.C.

5 / 5

Diane and Jay are a great team

“Amazing experience” L.A. Diane and Jay are a great team. Diane took the time to explain every step of the way and provide me with so much education regarding my bankruptcy. The material I obtain was and is very helpful to have a stable life. Thank you [...]

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

Diane is very compassionate and comforting

"Diane is very compassionate and comforting." Anonymous Diane is very compassionate and comforting. She made a very difficult process much easier for us. Rate Ms. Drain’s services: 5.0 out of 5.0

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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