Published On: April 3, 2021

In prison?  If You Are Going to File Bankruptcy, You Must Follow the Rules – No Exception.

MUSINGS BY DIANE:

dismissalTo follow the rules, first you must know the rules. 

Bankruptcy is not a game.  If you file bankruptcy you must follow the rules, even if you are in prison.  This debtor wanted the Bankruptcy Court to help him file his list of creditors (a requirement to stay in bankruptcy).  The Court said “ah, no.  That is your responsibility, not the court’s”. 

I understand that people want to make their lives better and filing for bankruptcy protection may be one of those options.  But, if you are going to jump off the bankruptcy cliff, no one is there to catch you.  It is possible you will find hungry sharks in the dark waters below.  It is possible you will be forced to give up assets that are not exempt.  Understand that your family may be sued in order to take back the monies you paid them while you were not paying other debts.  These are just a few of the nightmares that could be waiting for you if you file bankruptcy without understanding the rules. 

Mr. Harrell does not know it, but now he has a bankruptcy on his credit, despite the bankruptcy being dismissed. Yes, he can file another bankruptcy, but then he will have two bankruptcies on his credit.  Oh, another surprise – there are rules about filing multiple bankruptcies.

Finances are confusing and everyone needs to take time to determine the best way to find a solution that works in the long run, not just today. Never rely on the Internet for advice – there is more bad advice than good. Always seek advice from at least two people who are experienced in the area you need help. Once armed with good information, then use your common sense to decide what is best for you.

– Diane L. Drain
Knowledge is Power -light shining on a book
By |Published On: April 3rd, 2021|Last Updated: July 14th, 2022|

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About the Author: Diane Drain

Diane is a well respected Arizona bankruptcy and foreclosure attorney. As a retired law professor, she believes in offering everyone, not just her clients, advice about bankruptcy and Arizona foreclosure laws. Diane is also a mentor to hundreds of Arizona attorneys.

*Important Note from Diane: Everything on this web site is offered for educational purposes only and not intended to provide legal advice, nor create an attorney client relationship between you, me, or the author of any article. Information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state. Make sure to check out their reviews.*

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5 / 5

“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 without you and Jay and God Bless you both always and stay in touch as well. You folks are the BEST OF THE BEST in Arizona.

5 / 5

“My only regret is that I didn’t find Diane sooner.” K.H.

I can’t say enough good things about Diane. The way she handled my not typical circumstances was amazing. I was very nervous to start the bankruptcy process but Diane just has a very comforting way of explaining the whole process. My only regret is that I didn’t find Diane sooner. If you find yourself in a financial situation that you can’t correct on your own, please Call Diane Drain as soon as possible.

5 / 5

“Filing for bankruptcy can be a stressful life event” R.A.

Filing for bankruptcy can be a stressful life event, and selecting the right attorney can add to this stress. Diane and Jay were a pleasure to work with, and it is obvious that they are passionate about helping people get their life back on track. I would highly recommend them if you need a bankruptcy attorney.

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