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 [...]
My very sincere and heartfelt thanks
"My very sincere and heartfelt thanks." Anonymous My very sincere and heartfelt thanks. I am so very glad that I came across your site as I was educating myself on the situation and that I didn’t go with the first attorney I spoke to. You made this [...]
Her warmth and caring and wealth of experience greatly eased the stress
Her warmth and caring and wealth of experience greatly eased the stress. J.R. One and a half years ago, after a series of physical problems, I finally admitted to myself that I could no longer handle my debt load. I was going under, and knew I would [...]
Just wanted to share our story so you can share with others that come in
“Just wanted to share our story so you can share with others that come in” K.T. Diane I just wanted to give you an update on us. We filed bk with you representing us about 7 years ago now. Just wanted you to know we are doing [...]
We are grateful for all the kindness and respect they showed us.
“We are grateful for all the kindness and respect they showed us in handling our case to completion. ” T.D. and R.I. Diane and Jay are an absolutely phenomenal professional team. Bankruptcy is not an easy undertaking and there is a lot of paperwork you have to [...]
Highly recommend Diane and Jay
Highly recommend Diane and Jay. C.T. Diane and Jay were not only very knowledgeable and patient, but they took time to educate me and point me to the resources I needed. Diane and Jay walked me through every step and worked with me through any confusion or [...]
This is your bankruptcy; you get out of it what you put in
"This is your bankruptcy; you get out of it what you put in" K.B. Diane Drain, and her amazing teammate, Jay were two of the most helpful, caring individuals I have met in a long, long time. The process of bankruptcy is daunting, having a guiding hand [...]
Diane is great
"Diane is great" G.S. Diane is great. After looking around for an attorney, I couldn’t be anymore happier with my decision of going with her. She answered all of my questions and took her time with me. Very motherly and straight forward. It’s very hard to find an [...]
Thanks for your professional and compassionate treatment
"Thanks for your professional and compassionate treatment." M & B Thanks for your professional and compassionate treatment of B. and myself. It was a pleasure working with you. As you are well aware, this was a very trying and sometimes painful 6 months but you helped us get [...]
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 [...]
Diane – you were nice and caring.
“You were very nice and caring. ” R.G. I cannot thank you enough Diane for taking the time to speak with me. Your website has so much information and very helpful. You were very nice and caring. Appreciate you! R.G. [...]
We received invaluable expertise, recommendations, and advice throughout our chapter 13
“We received invaluable expertise, recommendations, and advice throughout our chapter 13. ” B.S. "The decision to declare bankruptcy is difficult. The journey through a 5-year Chapter 13 is more difficult. What was NOT difficult was the invaluable expertise, recommendations, and advice throughout that we received from Diane [...]
Her expertise and guidance are unsurpassed
“Her expertise and guidance are unsurpassed” P.H. Diane and Jay are an impeccable professional team! She explains everything you need to know and puts your heart and mind at ease with her compassion and understanding throughout the filing process. Her expertise and guidance are unsurpassed! [...]
She is like your favorite professor who just happens to be a spitfire attorney and advocate for understanding, support, kindness and knowledge.
“She is like your favorite professor who just happens to be a spitfire attorney and advocate for understanding, support, kindness and knowledge.” N.B. I can't describe in a short review how much Diane and her team changed my life. I'm not being dramatic or cheesey. I had [...]
Best Experience Ever!
“Best Experience Ever!” C.G. Answered all my questions and very knowledgeable team! Thank you C.G.
Thank you for helping us through such a difficult time
"Thank you for helping us through such a difficult time!" G & S Thank you for helping us through such a difficult time. You patience and expertise was comforting and we knew that we were in very good hands.
what a great honor it was to have you represent us
"What a great honor it was to have you represent us." J & D Dearest Diane & Jay, Thank you for giving us the opportunity to express what a great honor it was to have you represent us in our bankruptcy. We are sneaking up on our third anniversary [...]
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 [...]
This has made a huge difference in my life
“This has made a huge difference in my life” D.S. I approached Diane with a large debt problem. Although I was working with a company to pay down the debt, one of the credit card companies decided to sue me. This would have destroyed all my pay-back [...]
