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    • Bankruptcy for an Individual
    • Bankruptcy For Small Business
    • Bankruptcy Help For Creditors
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      • Beyond the Paperwork: It’s Not Just Filling Out Forms, and Understanding The Attorney’s Role
      • Arizona Exemptions (download)
      • Federal Exemptions (download)
      • Chapter 7 Flowchart (download)
      • Chapter 13 Flowchart (download)
      • Bankruptcy Terms in Plain Language
      • How to Protect Your Social Security
      • Superior Court Process & Helpful Links
      • Important Chapter 7 & 13 Deadlines
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FAQ Categories: 1. Chapter 13 Bankruptcy

  • Do I get to keep my tax refund check?

    Published On: June 29, 2022

    Any right to a tax return that you had when you filed bankruptcy is an asset of your bankruptcy estate that belongs to your creditors. Depending on the terms of your plan, you may be [...]

  • Is it possible for me to get rid of my second mortgage?

    Published On: June 29, 2022

    Possibly, however it is contingent on a number of things. A “lien strip” is the term for this procedure. You must calculate the worth of your home as well as the amount of debt outstanding [...]

  • Is it possible to refinance my home loan while in bankruptcy?

    Published On: June 29, 2022

    Yes, however the lender will only approve the loan modification if you get permission from the Bankruptcy Court and the Bankruptcy Trustee. The lender cannot be forced to amend the loan by the Bankruptcy Court. [...]

  • Is it possible to buy a home while in Chapter 13 bankruptcy?

    Published On: June 29, 2022

    There is no one-size-fits-all solution to this question; it is determined by the lender, trustee, and court. However, you must first seek legal counsel from your attorney. Before you go on this journey, you’ll need [...]

  • If I’m self-employed and in Chapter 13, what should I do?

    Published On: June 29, 2022

    Every debtor who is self-employed or owns a business is required to file a “Business Operating Statement” on a monthly basis. A person who is self-employed, whether full-time or part-time, is considered self-employed. For the [...]

  • How Does a Bankruptcy Trustee Manage Your Chapter 13 Plan?

    Published On: June 29, 2022

    For payments paid into the plan, the Trustee serves as the disbursing agent. The Trustee also evaluates the plan and challenges those that do not, in the Trustee’s opinion, fulfill the Bankruptcy Code’s criteria [...]

  • What are debtor responsibilities in Chapter 13 bankruptcy?

    Published On: June 29, 2022

    The Debtor may not submit any papers to the Bankruptcy Court until he or she is confident that the information is (1) accurate; and (2) supported by existing law or a good faith case for [...]

  • Does your employer need to know about your bankruptcy?

    Published On: June 29, 2022

    The majority of the time, the answer is no. You can choose to use a plan payment arrangement in which your employer pays the trustee directly. That is something that most of my clients do [...]

  • What are the reasons for Chapter 13 bankruptcy failure?

    Published On: June 29, 2022

    I highly recommend browsing the articles I have written in my blog. Visit the link below to read the reasons why and how Chapter 13 may fail. Dain's Law Blog

  • What are the time limits and deadlines in Chapter 7 and Chapter 13 bankruptcy?

    Published On: June 29, 2022

    Time Periods and Deadlines in Chapter 7 and 13 Bankruptcy Cases In both Chapter 7 and Chapter 13 bankruptcy, there are specific time limits and deadlines that you need to be aware of. These deadlines [...]

12Next
5 / 5

Bankruptcy is not in anyone’s long term plans and was something my wife and I never really considered for years as we slowly drowned in debt

Bankruptcy is not in anyone’s long term plans and was something my wife and I never really considered for years as we slowly drowned in debt. B.K. Bankruptcy is not in anyone’s long term plans and was something my wife and I never really considered for years [...]

5 / 5

Diane is very smart, patient, kind and sincere

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. [...]

5 / 5

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 [...]

5 / 5

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 [...]

5 / 5

We were extremely pleased

"We were extremely pleased!" Anonymous We were extremely pleased with the quality and level of support you and Jay provided. We had shopped around a bit before contacting you and once we did the comparison with other attorneys and bankruptcy “mills” was extremely and significantly positive. [...]

5 / 5

Thank you for helping us through such a difficult time

"Thank you for helping us through such a difficult time!" G & S Thank you for helping us through such a difficult time. You patience and expertise was comforting and we knew that we were in very good hands.

5 / 5

Diane and Jay saved us.

“Diane and Jay saved us.  We were in deed financial trouble due to my mother's care.” P.E. Diane and Jay saved us. We were in deep financial trouble due to my mother's care. Both Diane and Jay were always available to answer any questions and helped us [...]

5 / 5

I felt well prepared and protected by Diane

“I highly recommend Diane Drain if you are looking for a fantastic bankruptcy attorney who will look out for you and your interests.” D.D.Z. Diane has been an amazing attorney. This was a hard time in my life but she kept me on track and was incredibly [...]

5 / 5

Best Bankruptcy Attorney in Phoenix!

“Best Bankruptcy Attorney in Phoenix!” Anon It was such a pleasure working with Diane through this difficult process. Diane is a wonderful attorney who not only knows the bankruptcy law inside and out, but is very compassionate and explains everything in detail through each step of the [...]

5 / 5

Diane made this whole process a lot less scary

"Diane made this whole process a lot less scary" L.S. Diane made this whole process a lot less scary and answered all my questions in a way that made me feel like this really wasn’t the end of the world for me. I would highly recommend her [...]

5 / 5

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 [...]

5 / 5

I Leaned on Diane’s Expertise

“Diane Took the Time to Drop Great Wisdom and Insight for my Situation. ” D. C. I called to lean on Diane’s expertise around trust deed financing (even though it’s not her primary practice focus) and she took the time to drop great wisdom and insight for [...]

5 / 5

I felt completely at ease

" I felt completely at ease." D.A. I was greatly relieved to find an attorney that I felt completely at ease with, confident in her professionalism and her staff; and to find someone I felt I could trust completely.

5 / 5

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 [...]

5 / 5

She’s the best!

"She's the best!" P.I. Diane helped me file a bankruptcy. I messed up and continued paying on one credit card. It was because of Diane's expert help that I was refunded my full amount of $1200.

5 / 5

Your fees are extremely reasonable

"Your fees are extremely reasonable!" N. We cannot thank you enough for helping us through this difficult and embarrassing situation. After our first phone conversation I had no doubt you would be able to help us and that you actually cared about our situation. So many larger firms [...]

5 / 5

Diane helped me understand bankruptcy.

“I am so thankful I got to encounter two amazing people who helped me every step of the way.” M.K.B. I found Diane Drain just by going through Google and looking for an attorney who could help me understand bankruptcy. She was quick to reply to my [...]

5 / 5

saves me a lot of time and money

Saves me a lot of time and money. M.M. Extremely knowledgeable attorney. Very helpful and patient, help me to understand the legal situation I am in which save me a lot of time and money. Thank you, Ms. Drain.

Law Off of D.L. Drain P.A., Arizona Bankruptcy Lawyer | "Helping You Get Your Life Back on Track"

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