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  • Our Story
    • About Diane L. Drain
    • Why Hire Diane?
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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
    • Bankruptcy Glossary
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    • AZ Trustee’s Sale
      • AZ Trustee’s Sale 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

You have help me once again attain the American dream

"You have help me once again attain the American dream…" J.R. I first met Diane Drain in September 2008 when she agreed to represent me in my Bankruptcy filing. It was a difficult decision for me as I had always had outstanding credit and prided myself on being [...]

5 / 5

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 [...]

5 / 5

Super Kind!

“Super Kind!” Anon She was very professional and stayed in her lane as she knew I had already hired another Attorney. She was kind and made me feel better about my choice that I made. She gave me sound advice, and she didn’t have to do that. [...]

5 / 5

She is an expert in her field and compassionate.

“Quality and compassion. ” S. She is an expert in her field and compassionate. She listens and provides good advice. She will help you resolve difficult circumstances. S.

5 / 5

Diane has many years of experience and is honest and it shows.

“Diane has many years of experience and is honest and it shows...” J.C. To declare Bankruptcy is a both personal and difficult and at time can seem overwhelming , but With Diane and Jay they made the journey as comfortable and easy understanding as possible. with Diane [...]

5 / 5

Free consultation and we are ever so grateful

free consultation and we are ever so grateful. C.M. Diane gave invaluable advice during the free consultation and we are ever so grateful. If and when the time comes to pursue further actions financially, Diane is without-a-doubt the one who will guide us. Thanks again! [...]

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

Bankruptcy is not in anyone’s long term plans and was something my wife and I never really considered for years as we slowly drowned in debt

Bankruptcy is not in anyone’s long term plans and was something my wife and I never really considered for years as we slowly drowned in debt. B.K. Bankruptcy is not in anyone’s long term plans and was something my wife and I never really considered for years [...]

5 / 5

You literally saved my sanity and helped me get back on track.

You literally saved my sanity and helped me get back on track. D.S. Diane Drain and her paralegal, Jay McClimon were absolutely top-notch and experienced in every respect. She's experienced, kind, and compassionate - 3 qualities you really want in a bankruptcy attorney. I had been feeling [...]

5 / 5

You gave us great guidance

“You gave us great guidance.” J.B. Thank you !!! Diane and Jay for all your help. I would highly recommend your services. You were very caring and helpful during the whole process. You gave us great guidance through a very stressful time. We appreciate it. [...]

5 / 5

Rate Ms. Drain’s services: 5.0 out of 5.0

"Rate Ms. Drain’s services: 5.0 out of 5.0" Anonymous When I was looking for a bankruptcy attorney, the U.S. Courts’ website had some Phoenix attorney’s listed. I visited one in person and the then read Ms. Drain’s site. The in-person attorney gave me a 2 inch stack of papers [...]

5 / 5

 If you find yourself in the situation where you have to go through bankruptcy

No one wants to go through bankruptcy. But if you do find yourself in that position, it’s not the end of the world. If you need someone to help you get through the bankruptcy process, choose Diane. She won’t let you down.  L. A.  If you find [...]

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

Following her guidance help make the process as smooth as possible

“Following her guidance help make the process as smooth as possible” D.K. Diane is extremely knowledgeable about the whole process. Following her guidance help make the process as smooth as possible. Throughout the process she treated me with the upmost in respect and professionalism. [...]

5 / 5

Best Experience Ever!

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

5 / 5

Diane guided and supported me throughout the challenges of bankruptcy

"Diane guided and supported me throughout the challenges of bankruptcy." April Diane Drain and her staff are exceptionally knowledgeable, professional, and responsive. Diane guided and supported me throughout the challenges of bankruptcy in a very supportive and respectful manner. Diane has earned my trust, recommendation, and highest regard. [...]

5 / 5

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 [...]

5 / 5

I was extremely pleased by the professionalism

"I was extremely pleased by the professionalism" M.M. I was extremely pleased by the professionalism and care that I was handled with.  I will recommend you to everyone I know that can use the expert help that you provided.

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

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