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 [...]
Diane and Jay were able to ease our fears.
“Diane and Jay were able to ease our fears. ” J.L. Diane and Jay were the absolute best. Going through the bankruptcy process can be quite worrisome. Diane and Jay were able to ease our fears and made the process as smooth as possible. J.L. [...]
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 [...]
Thank you for your caring and professionalism with my case
"Caring and professional!" R.L. Thank you for your caring and professionalism with my case. You are the best!
answered all of my questions thoroughly
"answered all of my questions thoroughly" E.L. Diane and Jay were amazing! They made everything so easy and answered all of my questions thoroughly. I appreciate all the help and guidance I received throughout my filing experience. I would highly recommend Diane to anyone looking into bankruptcy. [...]
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 [...]
It was clear she cared and was committed to helping people
"It was clear she cared and was committed to helping people." Posted on AVVO Anonymous When I made my decision to file for bankruptcy I did some research. I went through a link on the U.S. court website and read a lot online. Referrals from the court website [...]
My Attorney Was Disbarred, Diane Jumped in to Help.
“Diane has been a G_d send to me. My previous attorney was disbarred and I had a hearing before the Bankruptcy (Judge not the Trustee). Diane jumped in. Attended my court date and has taken care of me from there. . ” M.W. Diane has been a [...]
e were amazed at how accessible Diane was
"We were amazed at how accessible Diane was." Robert We were amazed at how accessible Diane was. Weekdays or weekends at all times of the day it didn’t matter. She was quick to respond to our questions or needs. In short Diane did a great job for us [...]
The absolute best Bankruptcy Attorney
"The absolute best Bankruptcy Attorney" W.Z. Diane and Jay were wonderful. I really appreciated their genuine compassion. I hired the absolute best for a fair price. Diane has an absolute mastery of the law and she explains everything in a easy to understand style. She will not [...]
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 [...]
Diane and Jay are the Best
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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 [...]
Words cannot express the gratitude!
"Words cannot express the gratitude!" Anonymous Words cannot express the gratitude we have for you! Rate Ms. Drain’s services: 5.0 out of 5.0.
whole process went very smoothly from beginning to end
"whole process went very smoothly from beginning to end." Anonytmous We filed for chapter 7 bankruptcy and the whole process went very smoothly from beginning to end. This was thanks to Ms. Drain who was caring, professional and committed to making sure that we fully understood the bankruptcy [...]
Diane and Jay are a great team
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They provided a balance of head and heart combined with expertise
"They provided a balance of head and heart combined with expertise!" R.F. She and her team are responsive, knowledgeable, efficient, trustworthy, good communicators, detail-oriented, well-connected, caring and compassionate. They provided a balance of head and heart combined with expertise and appropriate action to get it done. Being a well-established [...]
You folks are the BEST OF THE BEST in Arizona
“You folks are the BEST OF THE BEST in Arizona” M.H. You and Jay are the best attorneys I have ever had or needed and thank God for the Honorable Robert Gottsfield in recommending you folks – I would have never made it through the entire process [...]
Diane was patient in providing clear direction and advice
Diane was patient in providing clear direction and advice. A.T. Mrs. Drain made a very stressful time in my life easier to manage by providing detailed direction through my bankruptcy process. From day one I felt comfortable with Dian and Jay in addition to feeling confident with [...]
