Local Rules & General Orders

FILING BANKRUPTCY WHILE IN A DIVORCE CAN BE A TRAP

Thieves Steal Identity and Money – IRS warning

Document Preparers or Paralegals Ripping Off Consumers

Bankruptcy for an Individual – Additional Links & Articles

Diane L. Drain – Phoenix Bankruptcy & Foreclosure Attorney

Diane L. Drain – Phoenix Bankruptcy & Foreclosure Attorney

Diane L. Drain – Phoenix Bankruptcy & Arizona Foreclosure Attorney

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Diane’s Awards & Recognitions

Chief Judge Daniel Collins, Arizona Bankruptcy Court, presented Diane with a Lifetime Achievement Pro Bono Award Chief Judge Daniel Collins, of the Arizona Bankruptcy Court, presented Diane with a Lifetime Achievement Pro Bono Award, sponsored by the Arizona Bankruptcy Section, “(f)or a career of overwhelming and extraordinary pro bono services in establishing the Bankruptcy Court […]

How Does Bankruptcy Work and What Is It Intended to Accomplish?

Discharge vs Automatic Stay and Credit Reporting

The Fair Credit Reporting Act “FCRA” and the Bankruptcy Code The Automatic Stay v. the Bankruptcy Discharge The Fair Credit Reporting Act “FCRA” and the Bankruptcy Code deal with debt differently and this difference can become confusing for everyone, including experienced bankruptcy attorneys.  For instance, the legal status of a debt changes as a bankruptcy moves […]

Tenants Facing Foreclosure Protected by New Federal Law

Most Tenants Facing Foreclosure Now Have Some Protection, at Least for 90 Days On May 24, 2018 a permanent extension of the “Protecting Tenants at Foreclosure Act” (PTFA) was signed into federal law.  The PTFA enables renters whose homes were in foreclosure to remain in their homes for at least 90 days or for the […]

Dramatic Increase in Elderly Filing Bankruptcy

The number of elderly filing for bankruptcy is three times what it was in 1991. As a study, from the Consumer Bankruptcy Project, explains, elderly people whose finances are precarious have few places to turn. “When the costs of aging are off-loaded onto a population that simply does not have access to adequate resources, something has […]

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Arizona Supreme Court Gets It Right – Collection on Credit Card Debt

Arizona Supreme Court Decides Statute of Limitations ON CREDIT CARD DEBT / ON INSTALLMENT DEBTS runs from the date of the first uncured missed payment. Mertola LLC v Alberto J Santos/Arlene Santos CV-17-0109-PR (AZ Supreme Court, 7-27-18)  Statute of limitation for debt collection in Arizona – cause of action to collect the entire debt accrued as […]

Sanctions in Bankruptcy

Navient’s Latest Student Loan Scam

California Attorney General files a lawsuit against Navient and subsidiaries, Pioneer and General Revenue Corp., alleging violation of California’s unfair competition and false advertising laws Misrepresenting the order in which the company would apply extra loan payments and failing to properly discharge federal student debt for borrowers with a total and permanent disability.

National Credit Adjusters, LLC (NCA) & Hochstein Guilty of Consumer Fraud

National Credit Adjusters, LLC and Bradley Hochstein admit to illegal consumer debt collection practices. Company and Its Former CEO Engaged In Illegal Debt Collection Practices (Reprint from CFPB announcement 7/13/18) The Bureau of Consumer Financial Protection (Bureau) announced a settlement with National Credit Adjusters, LLC (NCA), a privately-held company headquartered in Hutchinson, Kansas, and its […]