Some of the work you do as a lawyer is the same over and over again. However, the best lawyer sees problems coming and helps their clients understand the risks and their choices. Don’t hire someone who is only interested in getting your money.”

DIANE L. DRAIN, lawyer, mentor, and community activist.

W elcome to my blog, your go-to guide to navigating bankruptcy laws. I am a veteran bankruptcy lawyer and consumer advocate in Arizona. I’ve committed my life to teaching and mentoring in order to cut through the legal jargon that intimidates anyone facing financial hardship. This is the same dedication I had as a law professor when teaching bankruptcy.

Everyone has the right to know their own and others’ rights, even creditors. Avoid stressing over creditors. Learn the facts to make smart choices.

Helpful materials, updated legal information, and advice can help you achieve financial security. Bottom line: Everyone deserves a decent night’s sleep and a stress-free future.



Understanding the Current Financial Landscape: A Comprehensive Guide to Recent Articles and Developments in the World of Bankruptcy

  • Zombie Mortgages: A Hidden Threat Reawakening

    July 10, 2024

    Introduction: Zombie mortgages, particularly "zombie second mortgages," are a troubling phenomenon where old, seemingly resolved mortgage debts resurface, catching homeowners off guard. These debts, thought to be forgiven or satisfied, are often sold to debt collectors, who seek to collect on them years later. What Are Zombie Second Mortgages? Before the 2008 financial crisis, it [...]

  • Why is a Creditor Suing Me After I Filed Bankruptcy – You Did Not Follow the Law.

    July 5, 2024

    What are the Basic Bankruptcy Principles? Bankruptcy is a legal process that helps people and businesses overwhelmed by debt get a financial ‘start fresh’. The principles of discharge, disclosure, and due process are key to understanding how bankruptcy works. Key Concepts of Bankruptcy Law Definition Understanding the foundational concepts of Bankruptcy Law can help you [...]

  • Hidden Costs of Health Savings Accounts

    July 3, 2024

    The Consumer Financial Protection Bureau (CFPB) released a report delving into the hidden costs consumers are forced to pay for health savings accounts. May 1, 2024 The following is a reprint from CFPB's website (provided for educational purposes only) The Consumer Financial Protection Bureau (CFPB) today released a report detailing the complex costs and fees that [...]

  • Free Student Loan Toolkit from NCLC

    June 29, 2024

    From the National Consumer Law Center "NCLC" a toolkit to deal with your student loans, 5/2024 Whether you are just starting your student loan journey or have been dealing with student loan debt for decades, you can use NCLC’s newly created Student Loan Toolkit to help you take charge of your student loan situation and [...]

  • The Dark World of Frauds, Scams and Other Nasties

    March 31, 2024

    Into the Shadows: Unraveling the Dark World of Fraud, Schemes, and Scams The Sneaky World of Fraud and Scams: How They Work and Why You Should Be Careful Fraud and scams are like tricky puzzles designed to trick people out of their money or personal information. They come in many [...]

  • A Cautionary Tale for Arizona Homeowners

    March 30, 2024

    After 100 Years of Protecting Homeowners, Arizona's Law Changes to Give Creditors New Rights to Take Your Home Depending on the value of your home, creditors can now take it if they get a judgment. Introduction: Arizona homeowners, there's a new law in town, and it's got some folks worried. [...]

  • The Lowdown on Business Bankruptcy: What You Need to Know

    March 24, 2024

    Bankruptcy is a complex process that can have significant implications for your business and personal finances. Before considering business bankruptcy as an option for your struggling business, it's crucial to understand the potential pitfalls in detail. Here's a breakdown of some of the key factors to consider: Types of Small Businesses Bankruptcies: Small businesses [...]

  • How to Safeguard Yourself from Debt Relief Scams

    March 8, 2024

    In today's consumer landscape, credit cards are the normal tools for managing finances and making purchases. However, having credit card debt can lead to financial stress and vulnerability to predatory schemes. Recognizing the importance of prudent financial management, the Federal Trade Commission (FTC) has issued a consumer alert highlighting strategies to avoid debt relief [...]

  • The Arizona Supreme Court decided those living in motorized homes (such as RVs) cannot protect their homes.

    March 7, 2024

    The Arizona Supreme Court decided those living in motorized homes (such as motor homes and RVs) cannot protect their homes. The Arizona Supreme Court's decision In re Drummond, 23-0009 (Sup. Ct. Arizona, 3/7/24) bans motor home and RV owners from using the homestead law (ARS 33-1101) to protect their home (laws that have been [...]

  • Court Fines Attorneys for Not Returning Client Calls

    February 11, 2024

    All Attorneys Must Return Client Calls, Even Flat-Fee Attorneys Attorneys are required to return client calls and respond to client's concerns, even flat-fee attorneys. In a recent bankruptcy case, In re: Dennis Molnar, 19-bk-09525, 2024 WL 190919 (Jan. 17, 2024 N.D, Ill.), a court highlighted a crucial lesson: lawyers must keep [...]

  • What is a Bad Faith Bankruptcy?

    January 3, 2024

    Understanding Why Some Bankruptcy Cases Get Dismissed or Discharge Revoked for Bad Faith What does it mean when someone says I have a bad-faith bankruptcy? Bankruptcy is meant to offer individuals and businesses a chance at a fresh start by alleviating financial burdens. However, the concept of bad faith dismissal or revocation [...]

  • Bankruptcy and Your Home: Can You Keep Your Home in Bankruptcy?

    December 29, 2023

    If Keeping Your Home is Important, Know Rules of Bankruptcy  Experiencing bankruptcy brings both challenges and uncertainties Facing bankruptcy can be a challenging and uncertain time. One of the most pressing questions is whether you can keep your home during and after bankruptcy. In this article, we will explore the [...]

  • What Could be Worse than Bankruptcy? Getting Hacked!!

    December 29, 2023

    The article titled "Dangers of Using Public Wi-Fi Networks" posted on Galloptech Group's blog offers a comprehensive and insightful exploration of the risks associated with using public Wi-Fi networks. Here's an outline of what makes this article particularly informative: The article acknowledges the benefits of public Wi-Fi, setting a balanced tone. It gives a detailed explanation [...]

  • Find Hidden Mortgage Interest Tax Deduction in Bankruptcy

    October 28, 2023

    When a debtor is in Chapter 13 bankruptcy, it is not unusual that their monthly payments are made through a plan rather than directly to the mortgage lender.  At the end of the year, the mortgage lender is likely to send Form 1098 (mortgage interest paid through the year) to the trustee, not the homeowner.

  • “SAVE” – New Student Loan Repayment Plan (8/23), plus updates

    September 2, 2023

    NEW STUDENT LOAN REPAYMENT PLAN, plus UPDATES (at end of this article) SAVE – “SAVING ON A VALUABLE EDUCATION” “SAVE” – New Student Loan Repayment Plan (8/23) August, 2023  To the relief of student loan-holders, the White House has launched a new repayment plan. SAVE – [...]

  • Exciting Update for Student Loan Borrowers

    July 19, 2023

    IMPORTANT PROGRESS FOR STUDENT LOAN BORROWERS WHO HAVE BEEN IN REPAYMENT TWO DECADES OR MORE Posting from the National Consumer Law Center Important Progress for Student Loan Borrowers Reposting from NCLC, July 18, 2023: The Department of Education has begun the process of automatically discharging $39 billion in federal student loans for [...]

  • Foundation for Justice Awards Diane for her Service to the Most Vulnerable

    June 8, 2023

    "Awarded to legal service providers who have devoted expertise and time to changing the justice system to promote access and opportunity for those most vulnerable." 2023 has been a wonderful year - this award is the icing on the cake. My thanks to everyone who has supported me over the last 40 years.

  • DOD announces Six New Measures to Help Military and Their Families

    March 28, 2023

    DOD to Help Military and Their Families SIX New Measures to Enhance Well-Being Release from US Department of Defense, March 22, 2023 Secretary of Defense Lloyd J. Austin III unveiled a comprehensive plan aimed at improving the lives of our dedicated military force and their families. The new plan consists of six additional [...]

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