FREE Financial Advice, including Bankruptcy
Bankruptcy for an individual will be discussed in the following sections. If you are seeking information about bankruptcy for a business visit “bankruptcy for a business”.
My goal is to get to know you and your situation, then answer your questions (generally for FREE), but there are two things you must do prior to our FREE Individual bankruptcy consultation:
- Watch 9 very short videos so you can learn what creditors can do and what your rights are, as well as some information on the bankruptcy process.
- Next you need to fill out a questionnaire that helps me to understand more about your specific situation.
Anxiety stems from financial difficulties. You would not be contacting me unless you were having financial difficulties. So please know I am here to help you. Also, understand that you have not made any commitment to file bankruptcy just because you filled out the bankruptcy information online and then we talked. You have the option to take a step back at any time. I am happy to answer to your questions, but this does not imply that we have created an attorney-client relationship.
If you are still curious about what is involved in the bankruptcy process and how I can help you. Continue on reading below.
Individual Bankruptcy FAQs
View a flowchart of the Chapter 7 Process by clicking on the link below:
View a flowchart of the Chapter 13 Process by clicking on the link below:
Assuming Diane agreed to help you with a bankruptcy, she will either send you two emails, or suggest you contact her when you are ready:
(1) the first is an email titled “What’s Next”. This details all the next steps, including links to various sources.
(2) the second is an email from MyCaseInfo where you will fill out information necessary for the bankruptcy process. Make sure to print the instructions attached to the “What’s next” email.
First and foremost, our clients will tell you that my fees are very reasonable, often less than those of “mass production” firms. Our initial consultation is completely FREE (you can afford that).
Everyone is unique, as is their situation. If we charged the same fee to all callers, we would be charging some too much and others not enough. Any firm that quotes fees without knowing your situation has decided to limit services to those with complicated cases and overcharge those with simple cases. After the initial discussion, I will let you know if I can help you and what my fees will be.
We are all concerned about the cost of hiring a professional. I understand that price is important, but receiving competent advice is even more important. Otherwise, you will have a bad experience and waste a lot of money trying to fix mistakes caused by bad advice or poor planning. “It costs more to fix a problem than it does to do it right the first time,” as the saying goes. I recommend reading “Hiring a cheap lawyer is very expensive,” .
Before I can give you an accurate cost for our help and support, I need to learn more about your specific situation.
The information you provide will assist me in identifying any problems and explaining how to best resolve those problems (some that you never realized would be problems). It is possible that bankruptcy is not an option, or that it is only one of several options. This type of assessment and planning, like good medical treatment, takes time and experience.
See article “What is a Simple Bankruptcy?”
A typical consumer bankruptcy filing consists of 60 or more pages of paperwork, so what is involved depends on your unique situation.
It involves many state laws and federal laws, both bankruptcy and non-bankruptcy. There are bankruptcy classes required for consumers; tax returns and payroll information which must be file with the court. Failure to do any of these things will mean the automatic dismissal of your bankruptcy. In addition to the mounds of paperwork, there are strict deadlines and procedures, which if not followed will lead to the bankruptcy being dismissed.
To continue reading more information about what is involved in a “Typical Consumer Bankruptcy”, WHAT IS INVOLVED IN THE TYPICAL CONSUMER BANKRUPTCY?
Why should you work with us? Because this firm has never been or will ever be a bankruptcy “mill” comprised of inexperienced or uninterested lawyers. I limit the number of clients we accept so that I can provide them with the best possible service.
YOU DESERVE BETTER!!
I’ve been practicing law since 1985, and the most dangerous misconception is that bankruptcy is a “one-size-fits-all” solution. I used to ask all of my law students at the start of each semester if they believed the “one size fits all” statement. The majority said “yes.” By the end of the semester, they had all realized how naive they had been in thinking “it’s just filling out a bunch of forms.” The truth is that one person’s financial and life circumstances are extremely unlikely to be identical to another’s. My goal is to tailor my legal advice to your specific history, needs, and desires, all at an extremely affordable cost based on your ability to pay.
See the comments from our wonderful clients made about how we helped them find that fresh start.
FREE Consultation Process
Please complete the following prior to our FREE Bankruptcy consultation in order for me to really help you:
Step 1: watch 9 short videos from the “Bankruptcy Court”
The video collection below features nine short videos that cover the fundamentals of bankruptcy, the players involved, and the procedure. We need that you and/or your spouse view all nine films in order to understand the bankruptcy process, including certain responsibilities, and to dispel numerous misunderstandings about bankruptcy. Once you have viewed all nine videos, you may continue to the next step.
“Step 2: Download & review a list of Arizona exemptions“.
To view the entire playlist – click on the playlist icon.
When you have completed watching all 9 videos, close this window and continue to Step 3.
Step 2: Review a list of Arizona exemptions
ARIZONA EXEMPTIONS Diane L. Drain, Arizona attorney
(Use of federal bankruptcy exemptions in 11 U.S.C. 522(d) not permitted in Arizona. See A.R.S. §33-1133, but can use a few federal exemptions.) The IRS can
lien most items on these pages. In order to qualify for a homestead, the residence must be your primary residence. Community property liability: A.R.S. §25-214 & A.R.S §25-215. With the exception of the single homestead exemption for a married couple, each adult has a separate exemption (A.R.S. §33-1121.01). Therefore, each adult has an exemption for $6,000 in household furnishings. The dollar amounts listed below are the resale, not retail, value of the items (e.g.: what your couch would sell for at a yard sale). But, if you are filing for bankruptcy and have personal property (not land/house) that has a lien or security interest, then you must use the “replacement value – the price a retail merchant would charge for property of similar kind and condition. §506(a)(2). Items not on this list are not protected from your creditors. Neither are the items protected from secured creditors, such as a deed of trust on the home or security interest in personal property (for instance – charging your refrigerator on Best Buy card). Exemption rights cannot be waived (A.R.S. §33-1132).
What state law do you use for your exemptions? If you are filing for bankruptcy protection and resided in Arizona for more than 2 years you must use this list of exemptions and cannot use of federal bankruptcy exemptions in 11 U.S.C. 522(b). See A.R.S. § 33-1133.) Otherwise, use the state you lived in for the full 730 days (2 years) before filing; or If you did not live in one single state in the previous 2 years, then use the state where you lived the majority of the 180 period preceding the last 2 year period; or if you ineligible for any exemptions then the debtor is allowed to choose the federal exemptions. There are also additional time periods of 10 years, 1210 days and others that impact the assets you can protect in bankruptcy. Confused? This is why it is important to talk to an experienced bankruptcy attorney about these exceptions.
Debt Repayment Calculator
debt repayment calculator provided by upsolve.org
Post-consultation Steps
Clients from all across Arizona have put their trust in us
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 [...]
The best professional relationship that I have had with an attorney
"The best professional relationship that I have had with an attorney" M.L. The best professional relationship that I have had with an attorney (I’ve had more than my share of their services!)_I was treated with respect and all things were timely, correct, and according to plan. Thank you [...]
If you do your work (make sure everything is accurate) she will do hers and you will have great results
If you do your work (make sure everything is accurate) she will do hers and you will have great results. C & P Diane is a great attorney that made our BK experience as smooth as possible. Before seeing Diane, we went to another attorney who told [...]
Diane and Jay were always very positive and consistently receptive in answering and returning phone calls and emails in a timely manner
Diane and Jay were always very positive and consistently receptive in answering and returning phone calls and emails in a timely manner. In summary, they are a class act and able to take a very challenging and difficult process and make it as humane and positive as anyone could. I [...]
They are experienced and professional
"They are experienced and professional!" M & J Diane and Jay helped my wife and I get past a difficult chapter in our lives. They are experienced and professional. They answered all our questions and gave us excellent advice. We followed there directions from start to finish and the [...]
A Fresh Start Feels So Good
A fresh start feels so good! I am now looking forward to purchasing a home in the near future. L.T. I had the wonderful experience of working with Diane Drain to get me through the bankruptcy process. Diane was a Law Professor for many years. She knows [...]
An expert who gets the job done!
"An expert who gets the job done!" B.R. An expert who gets the job done! We hired Diane Drain to handle a complicated eviction / Lift of Stay on a tenant who filed bankruptcy. Not only did she answer my multitude of questions in a timely manner, [...]
You truly are amazing
"You truly are amazing" B. & M. You truly are amazing – we can never thank you enough for your hard work, concern and professionalism. I knew from my initial phone call to you that I was very lucky to have found you. [...]
Assisted in identifying and helping me successfully navigate any pitfalls
Assisted in identifying and helping me successfully navigate any pitfalls. R.G. Diane Drain and Jay provided professional, comprehensive services and support through every step of the bankruptcy process, were always available to answer questions. Diane has developed an extensive array of handouts and email templates that addressed [...]
I Made the Right Decision in Choosing Diane
“I'm 100% convinced I made the right decision in choosing Diane. ” P.K. I have just received my discharge from the court. It's been a long journey and I can't emphasize how instrumental a role that Diane and Jay played in helping me navigate this journey. In [...]
She knows the ins and outs
"She knows the ins and outs" M.D. I’ve been in the legal field for over 25 years (as a legal secretary and paralegal) and Diane is a top notch attorney. She knows the ins and outs of this area of law and does a really great job of explaining [...]
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 [...]
You gave us great guidance
“You gave us great guidance.” J.B. Thank you !!! Diane and Jay for all your help. I would highly recommend your services. You were very caring and helpful during the whole process. You gave us great guidance through a very stressful time. We appreciate it. [...]
Diane guided us every step of the way.
“Her assurance that there was nothing to be ashamed of, gave us the incentive to proceed.” D. Diane was fabulous during our bankruptcy, guiding us every step of the way. After medical bills got us behind, we didn’t know where to turn and felt uncomfortable filing. Her assurance [...]
Extremely competent representation and explanations
"Extremely competent representation and explanations!" K.M. 5 Star service and representation from Diane and Jay. Extremely competent representation and explanations of the legal process and how to prepare for the filing. True compassion shown to those going through a very difficult time in their lives. Diane is obviously respected [...]
This was a real learning experience!
"This was a real learning experience!" W.S. This was a real learning experience! Every time I met with Diane I learned new things. Each visit I became calmer about the situation because it was a big step in getting my life back in order. The educational experience [...]
My wife and I would highly recommend this lawyer!
"My wife and I would highly recommend Diane Drain" B & D 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 [...]
Her knowledge and patience are a model that every attorney should follow
“Her knowledge and patience are a model that every attorney should follow” S.H. Diane Drain is one of the most incredible attorneys I’ve ever had the pleasure of knowing. She takes the time necessary with each client to provide expert advice. Her knowledge and patience are a [...]
This may help you answer some questions
I encourage you to take a look at the following Chapter 7 Process that we use in our firm. This flowchart gives you an overview of the process of filing for chapter 7 bankruptcy.
Have a question about Chapter 13 Bankruptcy? I recommend that you look at the following Chapter 13 Process that is used in our firm. This flowchart depicts the steps involved in filing for chapter 13 bankruptcy.
FREE bankruptcy advice
You may feel anxious, overwhelmed and stressed about what will happen next.
Our purpose is to assist you in discovering solutions, which we accomplish by offering free bankruptcy consultation. This will need a lot of effort on your part, but the end result might be life-changing. Do you have to choose between purchasing groceries and paying your rent? Please contact us so that we can discuss your options for starting a new life.
Do you dread getting a phone call or having someone knock on your door?
This is not a healthy way to live, and asking questions is the first step toward regaining control of your life.
If you watch the videos and complete the questionnaire (the green FREE CONSULTATION button below), I will provide you with free bankruptcy advice that will provide you with the information you need to make informed financial decisions. There is no commitment to filing bankruptcy, or even working with our firm.
♥ This remark is from one of our amazing clients. It may help you understand the importance of reading and following instructions.
Thank you very much. It was an honor and a joy to be your client. I am eternally glad that you were referred to me to assist me with my bankruptcy. You are definitely the finest of the best, and it would be a pleasure to share with anyone at any time my most lovely and painless experience with you as my guide and wise advise. I’ve never studied instructions or followed rules more carefully in my life, and I’m appreciative for your well-thought-out website and professional experience in ensuring that I was informed and on track throughout. I am grateful for your guidance, immense knowledge and wisdom, expert advice, and encouragement. I’m singing your and Jay’s praises from the rooftops for all of the aid and advice you gave me.
-K.
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Every client deserves competent advice in order to plan their life, but they also need to be able to avoid unforeseen results. They also deserve [...]
- Are you financially stressed right now? What to know about options, from debt negotiation to bankruptcy Gallery
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Bankruptcy, Business bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Issues, General Review of Bankruptcy
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Download the audio LAWGITIMATE Attorney Diane Drain and Bobby Zavala with University of Dubuque Diane Drain established her law firm in 1991 in [...]