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    • Bankruptcy for an Individual
    • Bankruptcy For Small Business
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      • 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

Diane Drain is really knowledgeable.

"Diane Drain is really knowledgeable." B.W. Diane Drain is really knowledgeable. She helped us tremendously in our bankruptcy case. We are thankful for all she did for us!

5 / 5

Top Notch Representation, Personalized Service

“Top Notch Representation, Personalized Service! ” T.M. Diane Drain personally answers her incoming calls! Every individual has their own specific reasons for seeking bankruptcy protection. I enlisted Ms. Drain's assistance and from that first consult I realized that this was not your typical "legal factory" churning out [...]

5 / 5

Diane and Jay saved us.

“Diane and Jay saved us.  We were in deed financial trouble due to my mother's care.” P.E. Diane and Jay saved us. We were in deep financial trouble due to my mother's care. Both Diane and Jay were always available to answer any questions and helped us [...]

5 / 5

Superb Client Service

“Superb Client Service” E.G. Diane and Jay have far exceeded my expectations of legal services by going above and beyond. Not only did they help me prepare during that most stressful time period in my life but also educated me during the process to prevent any future [...]

5 / 5

My wife and I would highly recommend this lawyer!

"My wife and I would highly recommend Diane Drain" B & D My wife and I would highly recommend Diane Drain to any one who is considering bankruptcy. She handled our case professionally and in a very timely manner. Diane and her team made a long, frustrating process [...]

5 / 5

This attorney educates clients

"This attorney educates clients!" Anonymous This attorney educates clients on the bankruptcy process and helps them correctly complete the steps needed to reach the end of the process in a timely manner. She is thorough, professional and compassionate.

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

I am glad that Diane was the person to lead me through it

"I am glad that Diane was the person to lead me through it." T. I wish that I did not have to file for bankruptcy protection; nevertheless, having to go through the process I am glad that Diane was the person to lead me through it. Diane definitely [...]

5 / 5

Diane was patient, thorough, sympathetic, quick with responses and obviously knew what she was doing.

“Diane was patient, thorough, sympathetic, quick with responses and obviously knew what she was doing. ” D.S. I've never had to consult a bankruptcy attorney before but recently had to do just that on behalf of a family member. Although we decided to not go through with [...]

5 / 5

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 [...]

5 / 5

She helped us to pick up the pieces of our lives

"She helped us to pick up the pieces of our lives" Posted on AVVO 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 the highest [...]

5 / 5

Thanks for all of your help that you provide

“Thanks for all of your help that you provide” D.H. I read all of Diane’s messages and she seems to be a very bright and informed woman. Thanks for all of your help that you provide to people that need your help by your messages. [...]

5 / 5

My experience was great

"My experience was great" J.H. My experience was great! Diane was very professional and dedicated to helping me with everything I needed. Outstanding! I would recommend her firm to my friends.

5 / 5

Diane is sincerely interested

Diane is sincerely interested. S.B. We are grateful to Jay for us sound advice and, also, to Diane for answering our messages. Diane is sincerely interested in any questions you may have.

5 / 5

Diane was so professional, knowledgeable, thorough and very kind to work with

“Diane was so professional, knowledgeable, thorough and very kind to work with” S.V. Diane was so professional, knowledgeable, thorough and very kind to work with as she guided me through the extremely emotional process of filing bankruptcy. She was optimistic and positive and always available if I [...]

5 / 5

saves me a lot of time and money

Saves me a lot of time and money. M.M. Extremely knowledgeable attorney. Very helpful and patient, help me to understand the legal situation I am in which save me a lot of time and money. Thank you, Ms. Drain.

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

You were brilliant!

"You were brilliant!!" G. I will never forget what you’ve done for me. You were brilliant!Thank you.

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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