f of claim). Unless the debtor expressly objects, the creditor’s proof of claim shall be deemed to be accurate. Proofs of claim are not required to be filed in a Chapter 7 no-asset case. [...]
Published On: June 28, 2022
In most cases, in order for the automatic stay’s full restraining action to take effect, Section 342 requires that all creditors be notified of the bankruptcy. The debtor must identify all addresses provided by the creditor [...]
Published On: June 28, 2022
Your name and debt have been added to the list. This should be done at the Bankruptcy Court where the case was originally filed. A creditor should review the debtor’s schedules to determine whether the [...]
Published On: June 28, 2022
The secured creditor or landlord may ask the debtor to sign a new contract called a “reaffirmation agreement” or “lease assumption agreement” after the bankruptcy is filed but before the discharge is issued. This new contract [...]
Published On: June 28, 2022
You can ask the debtor questions at the creditors meeting (see above), or Bankruptcy Rule 2004 permits a creditor to take the deposition of the debtor and inquire into all aspects of its financial affairs. [...]
Published On: June 28, 2022
Shortly after a bankruptcy is filed, creditors will receive notice of an initial meeting of creditors (Section 341, Meeting of Creditors) to be held at the Office of the United States Trustee. You may attend [...]
Published On: June 28, 2022
Published On: June 28, 2022
When a bankruptcy petition is filed, a federal restraining order known as the automatic stay prevents any creditor, collection agency, or government institution from pursuing trustee sales, foreclosures, garnishments, lawsuits, or repossessions against the debtor [...]
Published On: June 28, 2022
To ensure that you receive notices, obtain a copy of the debtor’s bankruptcy schedules or check with the clerk’s office to confirm that your name and debt have been recorded. This should be done at [...]
Published On: June 28, 2022
File a proof of claim. It is the creditor’s proof of claim that will govern unless specifically objected to by the debtor. In a Chapter 7 no-asset case, proofs of claim need not be [...]
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 [...]
We were treated with the utmost care and respect
"We were treated with the utmost care and respect." A.W. We were very apprehensive and stressed out at the thought of having to go through such a difficult process. From our first meeting with Diane Drain it was clear that we would not have to go through this [...]
You have help me once again attain the American dream
"You have help me once again attain the American dream…" J.R. I first met Diane Drain in September 2008 when she agreed to represent me in my Bankruptcy filing. It was a difficult decision for me as I had always had outstanding credit and prided myself on being [...]
Diane is great
"Diane is great" G.S. Diane is great. After looking around for an attorney, I couldn’t be anymore happier with my decision of going with her. She answered all of my questions and took her time with me. Very motherly and straight forward. It’s very hard to find an attorney [...]
I took your advice and have that old monkey off my back now!
"I took your advice and have that old monkey off my back now!" L.M. I had an old debt surprise me the other day by way of a Summons and Diane was kind enough to give me some solid advice. She is very knowledgeable and I highly [...]
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!
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 [...]
Diane has a very calm confidence because she knows the laws inside and out
Diane has a very calm confidence because she knows the laws inside and out. L.D. Diane is very smart, patient, kind and sincere. I am a better person for knowing her. I was so nervous to call and start the process but Diane made everything seem easy. [...]
thank you for helping me keep my car and some self respect
"Thank you for helping me keep my car and some self respect." G. Diane – thank you for helping me keep my car and some self respect. This was so hard to do. I did feel a sense of relief once I saw you and we actually were [...]
Diane and Jay are caring professionals providing exemplary representation
“I found the Law Office of D.L. Drain to be caring professionals providing exemplary representation…” R.B. Disability and subsequent early retirement caused a growing realization of the need to pursue bankruptcy. I started the process of selecting an attorney with fear and trepidation. [...]
You relieved deep seated fears for me…
“You relieved deep seated fears for me…” J.M. You made this terribly difficult situation as comfortable for me as possible. You relieved deep seated fears for me and I felt I was very well taken care of and I felt every area was taken care of completely. [...]
From our initial consultation, we were impressed by Diane’s legal knowledge and compassionate nature
“From our initial consultation, we were impressed by Diane's legal knowledge and compassionate nature,” C.R. My elderly parents were experiencing financial difficulty due to dealings with an unscrupulous timeshare company. Their only option was to file bankruptcy. While searching for a bankruptcy attorney, we came across the [...]
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. [...]
Filing for bankruptcy can be a stressful life event
“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 [...]
You made an unexpected, uncomfortable experience easy
"You made an unexpected, uncomfortable experience easy." J. & H. You made an unexpected, uncomfortable experience easy to get thru and recover and move on in our lives!. Thank – you are the best.
Diane and Jay were both very helpful and promptly answered questions that came up
"Diane and Jay were both very helpful and promptly answered questions that came up" N.F. Diane and Jay were both very helpful and promptly answered questions that came up either via return phone call, email or both. They both were very knowledgeable about the whole process and [...]
Filing for bankruptcy Is not the end of the world
“No one wants to go through bankruptcy. But if you do find yourself in that position, it's not the end of the world. ” L.A. If you find yourself in the situation where you have to go through bankruptcy proceedings, there is no better persons that Diane [...]
Nothing short of excellent
"Nothing short of excellent" A.M. Diane – you are nothing short of excellent! From the first hello, how can I help you- to congratulations, your discharge has been entered, you were superb! Patient, understanding, compassionate, kind, considerate, knowledgeable, highly-skilled expert are a few words that come to [...]
