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 [...]
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 [...]
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 [...]
Thank you for the good news and for being nothing less than a “stellar” legal representative
"Thank you for the good news and for being nothing less than a “stellar” legal representative" C.M. Diane, Thank you for the good news and for being nothing less than a “stellar” legal representative, a great and understanding sounding board for me during a most difficult and [...]
ow I can finally breathe easy and deep again
"I can finally breathe easy and deep again." J. Thank you so so much for all your help and understanding. Especially in the beginning when I had so many questions and you were so very patient with me. I felt that you were very upfront about everything, letting [...]
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 [...]
Mrs. Drain is very direct and clear
"Mrs. Drain is very direct and clear." Anonymous When my wife and I first considered bankruptcy we contacted one of the TV advertised law firms that specializes in bankruptcy law. On our appointment we met a group of the most inept people I have ever met. It was exactly [...]
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. [...]
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 [...]
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 [...]
My wife and I would highly recommend Diane Drain
"My wife and I would highly recommend Diane Drain." R. 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 pretty painless. Thank [...]
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 [...]
Diane shows compassion and understanding to her clients.
“Diane shows compassion and understanding to her clients.” M.W. Diane provides educated and honest information throughout the entire process. She shows compassion and understanding to her clients. She was not my first attorney but took my case on in very short order. She cleaned up all of [...]
Assisted in identifying and helping me successfully navigate any pitfalls
Assisted in identifying and helping me successfully navigate any pitfalls. R.G. Diane Drain and Jay provided professional, comprehensive services and support through every step of the bankruptcy process, were always available to answer questions. Diane has developed an extensive array of handouts and email templates that addressed [...]
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 [...]
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 [...]
They provide hope and ease throughout a very stressful situation
“They provide hope and ease throughout a very stressful situation” C.G. Diane and Jay provide hope and ease throughout a very stressful situation. Diane is thorough, knowledgeable, experienced and trustworthy. She takes her time with each step ensuring she understands the story. They are both available when [...]
Everything takes time
“Everything takes time” D.J. Everything takes time. Your help was outstanding and I am at the end now. Thank you for your patience. You and Jay get five stars from me!
A Fresh Start Feels So Good
A fresh start feels so good! I am now looking forward to purchasing a home in the near future. L.T. I had the wonderful experience of working with Diane Drain to get me through the bankruptcy process. Diane was a Law Professor for many years. She knows [...]
