Published On: April 21, 2013
FORECLOSURE, TRUSTEE SALES AND TAX LIEN FORECLOSURE IN BANKRUPTCY In re RW Meridian LLC, 564 B.R. 21 (9th Cir. BAP 2017). The Ninth Circuit Bankruptcy Appellate Panel considered whether the pre-petition expiration [...]
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Published On: November 2, 2012
THERE ARE TWO TYPES OF TENANCIES: RESIDENTIAL AND NON-RESIDENTIAL (BUSINESSES) TERMINATION OF RESIDENTIAL TENANCIES ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT Article 1 General Provisions 33-1301 – Short title 33-1302 – Purposes 33-1303 – [...]
Published On: October 7, 2012
REAL ESTATE: HOMESTEAD AND BANKRUPTCY ISSUES I. The Homestead Act A “uniquely American contribution” to real property law, homestead exemptions are based on the notion that citizens should have a home where [...]
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Published On: October 7, 2012
MOTION FOR RELIEF – “SHOW ME THE NOTE” AND OTHER ISSUES Click on each question and it will expand to show the answer. Castaic Partners II, LLP v. DACA Castaic, LLP (9th Cir. [...]
Published On: October 7, 2012
LOAN MODIFICATIONS AND LIEN STRIP – PERSONAL PROPERTY Under 11 USC Sec. 524(a)(1) the judgment is voided at discharge. Also, under 11 USC Sec. 524(a)(2), an injunction kicks in after discharge that [...]
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Published On: October 7, 2012
LOAN MODIFICATION, LIEN STRIP AND AVOIDANCE – REAL PROPERTY Some Arizona bankruptcy courts are reluctant to enter an order avoiding a judicial lien on an Arizona homestead citing Arizona law that specifically [...]
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Published On: October 7, 2012
LEASES, OPTIONS, LEASE-BACKS, EQUITABLE MORTGAGE In re McCray, 342 B.R. 668 (Bkrtcy.D.Dist.Colo. 2006) S. Martin Teel, JR., Bankruptcy Judge newly enacted provisions of § 362(b)(22) preventing stay of eviction from arising in [...]
Published On: October 7, 2012
WHAT ARE EXEMPTIONS OR EXEMPT PROPERTY? WARNING: BANKRUPTCY LAW DICTATES WHAT EXEMPTIONS A CONSUMER MAY USE WHEN FILING FOR BANKRUPTCY PROTECTION. MAKE SURE TO DETERMINE WHERE THE DEBTOR [...]
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Published On: October 7, 2012
DIVORCE (INCLUDING DSO) AND BANKRUPTCY (ARIZONA SPECIFIC) The Complex World Of Interspousal Claims In Bankruptcy, by Kathy Moran Tort claim or divorce claim Claims addressed in final decree Breach of fiduciary duty [...]
Published On: August 19, 2012
WHY BANKRUPTCY IS MY PRIMARY FOCUS Diane L. Drain, bankruptcy attorney, retired law professor, mentor and community spokesperson. This should say it all – one day I received a call from my [...]
Published On: August 19, 2012
LEASE/OPTION – PURCHASE PROBLEMS By Andy Hull, Attorney at Law, December, 2003 (reprinted with author’s permission) One area of the law that can prove confusing and potentially difficult is a landlord who [...]
Published On: August 19, 2012
ENFORCE-ABILITY OF HOMEOWNER ASSOCIATION REGULATIONS By Stephanie M. Wilson, STOOPS, DENIOUS & WILSON P.L.C. as published in the Arizona Journal of Real Estate & Business, December 2003. (reprinted with permission of author) [...]
Published On: August 19, 2012
DEFICIENCY ACTIONS by Michael T. Denious, Arizona attorney (reprinted with permission of author) In an earlier article we discussed the potential effect of the “ Arizona Anti-Deficiency Flow Chart (148 downloads) ” statutes, which apply [...]
Published On: August 19, 2012
MORTGAGE FRAUD & FORECLOSURE SCAMS MORTGAGE FRAUD HAS BEEN AROUND SINCE THERE WERE MORTGAGES WARNING: The problem is the proliferation of these fraudulent schemes. The articles below are old, but that does not mean [...]
Published On: August 18, 2012
WARNING: THIS BRIEF OUTLINE DOES NOT REPLACE THE ADVICE OF AN EXPERIENCED REAL ESTATE ATTORNEY FAMILIAR WITH YOUR PARTICULAR SITUATION. CONSULTATION WITH AN EXPERIENCED ATTORNEY BEFORE YOU TAKE ACTION WILL CERTAINLY COST YOU [...]
After paying all my bills for 49 years and barely treading water, I was laid off and found myself with nothing
After paying all my bills for 49 years and barely treading water, I was laid off and found myself with nothing. D.W. Like many people, I was very apprehensive about filing bankruptcy. At 65 years old, I always thought- That would never be me! But after paying all my [...]
I give her Five Stars for the work she does
"I give her Five Stars for the work she does!" Anonymous As a single mother of two college sons, one can imagine, how difficult it was to explain to my sons that my finances between home, college and building past debt had me making the heartbreaking choice of filing [...]
Made the Bankruptcy process very understandable and helpful
“Made the Bankruptcy process very understandable and helpful” P.H. Diane’s expertise and solid experience and instructions made my entire Bankruptcy process very understandable and helpful! Her guidelines helped tremendously. The entire process would have daunting without her professional help. Anytime I need any professional legal help in [...]
I do not know what I would have done if I had not found you
"I do not know what I would have done if I had not found you." S. Diane – thank you very much for all of your help. I do not know what I would have done if I had not found you. Every other attorney I talked to [...]
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 [...]
The BEST! – Five Stars
“The BEST! – Five Stars” K. I had filed for Chapter 7 with Diane and it was the easiest most stress free process. My wife and I were considering for months on just what to do since this was my first time filing and we got different [...]
Great attorney
"Great attorney" J. 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 went online and searched for Arizona attorneys. [...]
To file bk was a very hard decision to have to make
"To file bk was a very hard decision to have to make" A.C. To file bk was a very hard decision to have to make. I felt like a failure. In my early 20’s my husband and I bought a home and financed it using an arm [...]
I would not hesitate to recommend Mr. Drain to anyone
"I would not hesitate to recommend Mr. Drain to anyone" R. It became necessary for me to file bankruptcy in earlier this year. While I was contemplating that action, I interviewed with several attorneys to determine their attitudes and work habits. In all but one I felt that the [...]
There will never be a way to repay all you did for us
"There will never be a way to repay all you did for us." J & P I thought lawyers were all greedy. You made sure we could afford your fees which allowed us to keep our car. There will never be a way to repay all you did [...]
Going thru CH13 was a huge and difficult decision for us
"Going thru CH13 was a huge and difficult decision for us" D.M. Going thru CH13 was a huge and difficult decision for us. Both Diane and Jay were very patient. Took time to explain everything. They were receptive, understanding and helpful thru the entire process. As you [...]
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 [...]
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 [...]
My wife and I would recommend Diane to anyone who is thinking of filing
"My wife and I would recommend Diane to anyone who is thinking of filing" P.A. Filing for Bankruptcy is a huge decision, yet Diane’s knowledge of the laws from her years of experience make it far less daunting. My wife and I would recommend Diane to anyone who [...]
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. [...]
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 and Jay are a great team
“Amazing experience” L.A. Diane and Jay are a great team. Diane took the time to explain every step of the way and provide me with so much education regarding my bankruptcy. The material I obtain was and is very helpful to have a stable life. Thank you [...]
You helped me in many ways and I am very grateful
" You helped me in many ways and I am very grateful!" D. I can’t tell you how glad I am that you were our bankruptcy attorney. You helped me in many ways and I am very grateful. Most of all, I appreciate your frankness and honesty. You always [...]
