“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.
RECENT ARTICLES
RECENT ARTICLES
Understanding the Current Financial Landscape: A Comprehensive Guide to Recent Articles and Developments in the World of Bankruptcy
March 31, 2020
WARNINGS FROM THE FEDERAL TRADE COMMISSION March 30, 2020 – a reprint from article by Jennifer Leach, Association Director, Division of Consumer and Business Education, FTC. I know, 60-year-olds. You’re not old. In fact, we’ve found that, when people think “old,” they think of someone about 10 years older than they are right now. But, [...]
March 31, 2020
Coronavirus Stimulus Package F.A.Q.: Checks, Unemployment and More (summary from New York Times, March 27, 2020, plus other resources). On March 27, 2020, the President signed a $2 trillion economic relief plan to offer assistance to American households affected by the coronavirus pandemic. Titled: Coronavirus Aid, Relief, and Economic Security Act, or CARES Act. This [...]
March 30, 2020
How federal and local agencies are trying to help tenants affected by the COVID-19 virus. Reprint from Eviction Law, March 19, 2020. As the world seeks to contain the COVID-19 pandemic, policymakers across the U.S. are responding to the heightened insecurity so many face. […]
March 26, 2020
By CFPB – MAR 16, 2020 (the following is a reprint from Consumer Financial Protection Bureau’s website) Federal, state, and local governments are working to respond to the growing public health threat of coronavirus, or COVID-19. As communities across the country are dealing with an increase in the number of reported cases, many areas [...]
March 25, 2020
Executive Order, 2020-14 – Postponement of Eviction Actions for 120 days, BUT ONLY UNDER CERTAIN CIRCUMSTANCES. […]
March 23, 2020
DO NOT FALL FOR SCAMS – CURRENTLY THERE IS NO CURE FOR COVID-19 (RESOURCES FOR SENIORS) Attorney General Brnovich and Senator Sinema Issue Warning Regarding New COVID-19 Senior Scams PHOENIX (the following is a reprint from the Attorney General’s website) – Attorney General Mark Brnovich and Senator Kyrsten Sinema are teaming up to remind Arizona [...]
March 22, 2020
According to the IRS: Tax Day now July 15: Treasury, IRS extend filing deadline and federal tax payments regardless of amount owed. IR-2020-58, March 21, 2020 – The Treasury Department and Internal Revenue Service announced today that the federal income tax filing due date is automatically extended from April 15, 2020, to July 15, 2020. [...]
March 21, 2020
Families First Coronavirus Response Act became law March 18, 2020 Two parts of this Act that effect us today: Emergency Family and Medical Leave Expansion Act […]
March 20, 2020
As of 3/20/20: NOTE THE FOLLOWING ARE FEDERAL LOAN PROGRAMS and DON’T APPLY TO PRIVATE or CONVENTIONAL LOANS: A list of what the different federal lenders are doing in regard to foreclosures: […]
March 20, 2020
Announcement from NCLC: The COVID-19 pandemic has caused widespread disruption in the daily lives of millions of people worldwide, and the hardest hit are the vulnerable people, families, and communities at the core of NCLC’s mission, and likely at the heart of our everyday life. […]
March 3, 2020
With Hello Landlord, tenants and landlords can work together to resolve issues before eviction. When tenants stay in their homes, landlords save money and communities are more stable. In order to develop Hello Landlord, we surveyed tenants, landlords, social services, government agencies, lawyers, judges, and court staff to create Hello Landlord. We found that in [...]
March 1, 2020
LAWS THAT PROTECT THE BORROWER—UNTIL THEY DON’T. DEBT COLLECTORS TRICK CONSUMERS INTO BRINGING DEAD DEBTS BACK TO LIFE. There are legal protections for the consumer if a creditor does not take steps to collect a debt in a certain period of time—referred to as the statute of limitations (in Arizona, depending on the type of [...]
March 1, 2020
Older student loan borrowers quadrupled since 2005 According to a report by the Consumer Financial Protection Bureau (CFPB.gov) The number of consumers age 60 and older with student loan debt has quadrupled over the last decade in the United States, and the average amount they owe has also dramatically increased. In 2015, older consumers owed [...]
January 30, 2020
CFPB FILED LAWSUIT AGAINST CHOU TEAM REALTY, LLC, MONSTER LOANS, DOCUPREP CENTER, DOCS DONE RIGHT, AND SEVERAL MORE ENTITIES. ALSO, BILAI ABDELFATTAH, BILL ABDEL, THOMAS CHOU, SEAN COWELL, ROBERT HOOSE, EDUARDO MARTINEZ, JAWAD NESHEIWAT, FRANK ANTHONY SEBREROS and DAVID SKLAR As described in the complaint, the Bureau alleges that between 2015 and 2017, Monster Loans [...]
January 20, 2020
IRS Ruling for certain discharged debts IR-2020-11, January 15, 2020 WASHINGTON — The Internal Revenue Service and Department of the Treasury issued Revenue Procedure 2020-11 (PDF) that establishes a safe harbor extending relief to additional taxpayers who took out federal or private student loans to finance attendance at a nonprofit or for-profit school. […]
December 29, 2019
Download the audio LAWGITIMATE Attorney Diane Drain and Bobby Zavala with University of Dubuque Diane Drain established her law firm in 1991 in order to provide education for those facing financial troubles. She believes that basic legal advice should be free and her commitment is to help her clients get their lives back [...]
December 12, 2019
Holding: Statute of limitations begins to run when the alleged FDCPA violation occurs, not when the violation is discovered. […]
December 6, 2019
Jury punishes OCWEN/U.S. Bank National for atrocious record-keeping (this is not the first time OCWEN has been exposed for intentional malice) Ms. Saccameno filed a chapter 13 bankruptcy to save her home. She followed the chapter 13 plan and brought the mortgage current, ultimately receiving her hard-earned discharge. Life should have been great, but OCWEN/U.S. [...]
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