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 [...]
We are very happy we were referred to Diane for assistance
"We are very happy we were referred to Diane for assistance." S.G. Diane helped my husband and me get past a difficult chapter in our lives. She answered all our questions and gave us excellent advice. We followed her directions from start to finish and the process went [...]
I have followed your advice
"I have followed your advice." B.B. About 10 years ago you represented me in my bankruptcy and you were wonderful. I have referred a number of people to you, though I fear some of them did not have the ovaries for the follow through. I have followed your [...]
The Best
"The Best!" G.S. The best! Very professional, patient and kind. We hope we never are the position to use her again. But if you do she is the one to go to!
I input the information online and then received timely help from her office when needed.
"I input the information online and then received timely help from her office when needed.." L.H. “When I was looking for a bankruptcy attorney, I visited four large and small firms. Diane Drain was the most informative. I appreciated her very educational website and was prepared with questions when [...]
She was very pleasant, knowledgeable and informative
"She was very pleasant, knowledgeable and informative" P.K. 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 [...]
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 [...]
Diane took over my case when my other attorney was disbarred.
“Diane took over my case when my other attorney was disbarred. ” M.W. Diane Drain is consummate professional. She took over my case when my other attorney was disbarred. This meant appearing on my behalf in Federal Court Judge (not just the Trustee) with about one week’s [...]
Diane and Jay were wonderful to work with.
“Diane and Jay were wonderful to work with.” P. Diane and Jay were wonderful to work with. They helped us navigate the bankruptcy process. They were informative and answered all our questions. We highly recommend them! P.
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 [...]
Diane helped me retain my dignity
"Diane helped me retain my dignity ." S & A *Diane helped me retain my dignity during a very uncomfortable time. I am very grateful.
I will be forever grateful to Diane and Jay for giving us our life back!
I will be forever grateful to Diane and Jay for giving us our life back! P.E. I cannot adequately describe how much we appreciate the help Diane and Jay provided us. We were in serious financial trouble, which created an incredible amount of stress that was beginning [...]
thank you for all of your help
"thank you for all of your help" C.S. As difficult as this entire process was emotionally and physically bringing everything together my experience with you has been amazing and much easier than I thought it would be thank you for all of your help. [...]
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 [...]
Diane and Jay are very knowledgeable, and they guided me from beginning to end.
“Diane and Jay are very knowledgeable, and they guided me from beginning to end.” M.M. Diane and Jay are very knowledgeable, and they guided me from beginning to end. They were so organized, that each step was calculated. They are very nice, compassionate and professional. Thank you, [...]
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 [...]
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 [...]
You allowed me to be human and treated me with dignity
"You allowed me to be human and treated me with dignity." K.M. I know that you are acutely aware of how deeply emotional and draining financial problems are. You took the time to talk with me about our foreclosure and 2nd mortgage. You allowed me to be human [...]
Your process and approach are clear, comprehensive, and thoughtful
"Your process and approach are clear, comprehensive, and thoughtful" A.J. Your process and approach are clear, comprehensive, and thoughtful. You treated us with the utmost respect and left no stone unturned in helping us to sort through and make appropriate decisions from our first meeting through the [...]
