Arizona Trustee Sales, Foreclosures and Short Sales

As an Arizona attorney I have been involved in thousands of Arizona trustee sales. Never do a short sale, deed in lieu of foreclosure, allow a trustee’s sale, or a foreclosure to go forward without first obtaining both legal and tax advice. You cannot undo serious mistakes once the process is completed.

25 Bankruptcy Questions

Mortgages for First Time Military Home Buyers

Consumer Financial Protection Bureau Releases Report on First-Time Military Home Buyers The Consumer Financial Protection Bureau (CFPB) released a report focusing on mortgages made to first-time homebuyers who are serving in the armed forces or are veterans. The Bureau’s report is the first time researchers have been able to provide a description and analysis of […]

Is Your Attorney Lazy or Willing To Fight For You?

Most people don’t know that lazy lawyers will not push an insurance company to pay top dollars. The insurance company’s first offer is based on the hope you will take the quick money and run. Lawyers who don’t care about their clients’ best interests can make a lot more money settling cheap and moving on […]

CHAPTER 20 or 26 (MULTIPLE BANKRUPTCY CASES)

Why Did the Creditor Take My Tax Refund – Arizona Law

Why Was It Legal For a Creditor To Take My Tax Refunds? (WARNING: The following is Arizona specific) Most people do not understand that if a creditor sues and obtains a judgment they can take your tax refunds and money in a bank account, to name just a few items.   I know this does not […]

“The Dog Ate My Computer” Argument by Chapter 13 Debtor

Chapter 13 Debtor failed to follow the law, rules and court orders In re Hindra v. Dockery, US Trustee & Deutsche Bank, BAP No. CC-18-1132-KuTaF (9th Circuit, Jan 29, 2019) In 2016  Etta Hindra filed a chapter 13 bankruptcy and everything went downhill from there.  She did not file the proper documents, meet deadlines or pay […]

Navient & FedLoan Mismanagement of Student Loans

Audit of Student Loan Servicers Indicates Years of Errors February 12, 2019 – An audit report released by the Education Department Office of Inspector General described the outrageous mismanagement of federal student loan servicers, like Navient and FedLoan,

Do I Have to Pay Taxes if I File Bankruptcy?

Do I have to pay taxes if I file bankruptcy? What is forgiveness of debt income? When you owe money and do not pay the full amount of the debt the lender is required to file a 1099 form with the IRS showing that you had phantom income in the amount the creditor forgave.  This […]

Do I Have to Pay a Judgment Before Selling My Home?

At least once or twice a week someone asks if they have to pay a judgment when trying to sell their home. The answer is probably ‘no’, but depends on certain facts.  It depends on the law of the state where the judgment debtor lives.  It also depends on the type of assets the judgment […]

Scams Targeting Your Social Security Number

Scams Targeting Your Social Security Number The following is a warning from the Federal Trade Commission: Good afternoon, Today, the Bureau’s Office for Older Americans is forwarding an email about scams targeting your Social Security number. The email was sent by Jennifer Leach, Acting Associate Director, Division of Consumer and Business Education, Federal Trade Commission.

Assets in Bankruptcy

Wells Fargo Rips Off Students

CFPB Report Shows Wells Fargo Charged Students Three Times More than Other Banks Washington, DC – re-posted from Senator Warren’s office (1/17/19) – A report by the Consumer Financial Protection Bureau (CFPB) prepared in February of 2018, but only recently released through a Freedom of Information Act request (Trump trying to slow down consumer access to information), […]

Local Rules & General Orders

FILING BANKRUPTCY WHILE IN A DIVORCE CAN BE A TRAP

Whenever a divorce and bankruptcy come into play it is very complicated to determine which should be filed or completed before starting the other legal process.  Even attorneys make mistakes.  In the In re Kiley case the debtor’s failure to understand the law will lead to the loss of over $100,000 that may have been […]

Thieves Steal Identity and Money – IRS warning

IRS Tax Tip 2018-186 Don’t take the bait: Here’s how taxpayers can avoid getting caught by a phishing scam Data thieves don’t take a break during the holidays. In fact, the IRS warns taxpayers that the agency is seeing a large increase in bogus email schemes that seek to steal money or tax data.

Document Preparers or Paralegals Ripping Off Consumers

November 2018: The Arizona Supreme Court established a committee to review the current process authorizing documents preparers to do certain work normally done by attorneys.  Administrative Order 2018-111 The following is part of a discussion by fellow attorneys who describe some very expensive mistakes created by document preparers or paralegals (the Arizona Supreme Court does […]

Bankruptcy for an Individual – Additional Links & Articles

Diane L. Drain – Phoenix Bankruptcy & Foreclosure Attorney

Diane L. Drain – Phoenix Bankruptcy & Foreclosure Attorney