• No. Bankruptcy is a civil process, not a criminal one. By declaring bankruptcy, you do not give up any of your civil or constitutional rights. Furthermore, you cannot be discriminated against by a utility, a [...]

  • Published On: June 29, 2022

    When you file for bankruptcy, your papers become public record. Some credit-reporting companies may make a public record of your filing. In addition, your name will be published in at least one Arizona newspaper, if [...]

  • When you file for bankruptcy, your credit rating will most likely drop to 480, but every circumstance is different. A chapter 13 bankruptcy is a three to five-year open bankruptcy. Your credit score can improve [...]

  • Published On: June 29, 2022

    In most Chapter 13 cases, attorneys’ fees are paid in part before the case is filed, with the outstanding balance, if any, paid by the Trustee from the debtor’s payments into the plan. Attorneys [...]

  • If you have non-exempt assets in your case, you must pay the fair market value of such assets through your Chapter 13 Plan. To put it another way, your creditors are entitled to the amount [...]

  • CASES (THE FOLLOWING MAY BE OUT OF DATE – CHECK THE COURT’S WEBSITE) Effective February 1, 2017 the United States Bankruptcy Court for the District of Arizona adopted uniform procedures and mandatory forms for its Mortgage Modification [...]

  • Published On: June 29, 2022

    The filing of the bankruptcy results in an automatic stay of all collection actions under 11 U.S.C. 362. Unless the Debtor has filed a prior bankruptcy within the previous 12 months, 11 U.S.C. 301, 302, [...]

  • In Chapter 7 FAQ, the means test was discussed. A change in the concept of “disposable income” in Chapter 13 makes things more difficult. §1325(b)(2) Official form B22C is used. The difficulty is that under [...]

  • 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 for [...]

  • According to statistics from the Bankruptcy Court, only around 2% of people who file without a counsel ever succeed in a chapter 13. This figure predates the 2005 Reform Act, which significantly increased the complexity [...]