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When life gets tough and Arizona residents are facing problems such as unemployment, wage garnishment and missed payments on various bills, the one place they may find comfort is in their home. That's ...

Perhaps you have heard the commercials. Some insurance company offers to put your money into an annuity and give you monthly pay-outs at some point in the future. An annuity contract may be entered ...

As someone begins to face financial difficulties, they generally try to do everything in their power to overcome those problems and get their financial problems under control. However, with wages ...

Perhaps you have heard the commercials. Some insurance company offers to put your money into an annuity and give you monthly pay-outs at some point in the future. An annuity contract may be entered ...

Filing for bankruptcy is a serious decision for anyone, but is often necessary in order to preserve your family and obtain a fresh start. As part of the process you must list all your assets and ...

A Chapter 7 bankruptcy allows consumers overburdened by credit card and medical debt to discharge the debt and get a fresh start in life. In exchange for wiping out the debt the court appoints a ...

Bankruptcy law forces the attorney to “investigate” a client’s financial affairs closely. This investigation, combined with the preparation, planning and all other work involved in ensuring a case ...

If you have serious debt, and are considering bankruptcy, you have probably gathered that it will cost some money to find good legal representation. There is the cost for the attorney, a filing fee, ...

Paying for things you need is one of life’s little dilemmas. Paying for legal help in Bankruptcy is one of life’s larger dilemmas. A bankruptcy client’s common refrain is, “how do I pay for a ...

In In re Nathan B. Makowski , the 9th Circuit ruled that a creditor willfully violated the automatic stay by failing to return a debtor’s vehicle immediately following his filing for Chapter 13 ...

Car Lenders don’t have to wait a certain number of months to repossess your vehicle if you are behind. They don’t have to wait at all. Making a partial payment won’t legally ensure the repossession ...

Auto finance companies can repossess your car if you are late, they don’t have to wait a certain period of time to do so. Partial payments won’t typically slow the repossession process down and ...

Despite popular belief, debt settlement is not a great alternative to filing for bankruptcy . Debt settlement give you the relief you are seeking, due to increased enforcement and regulation. Debt ...

In some instances, bankruptcy may be the only solution for one’s current financial situation. When you do proceed with bankruptcy, it is important you do so as effectively and efficiently as possible. ...

Sears stores still losing ground, despite cost-cutting efforts, the Wall Street Journal reports. Gone: Montgomery Wards, Mervyns, Circuit City, Macys.

One issue which comes up when contemplating the filing of a bankruptcy is the homestead exemption. Normally the issue is fairly straightforward. Arizona’s Homestead Exemption, ARS. 33-1101provides: ...

One item that is often overlooked by persons considering filing bankruptcy is that handy trust that someone said you had to have years ago. Remember, the “My Family” living trust that you created a ...

When the real estate market crashed, starting in 2007, we had many homeowners stuck in a situation where their homes plummeted in value so much that there was no equity at all. Thousands of homeowners ...

The Ninth Circuit Court of Appeals has decided the issue of whether a reaffirmation agreement is necessary for bankruptcy in relation to personal property. Prior to the 2005 changes to the bankruptcy ...

These are the types of debts that are discharged in a chapter 13 bankruptcy that are NOT dischargeable in a chapter 7 bankruptcy: 1. Debts that weren’t or couldn’t be discharged in a previous case. 2. ...

If someone “co-signs” a contract in order to help a friend or family member get a loan, that co-signer is legally liable to pay the debt and his or her credit report will reflect that. What if the ...

Debts owed to payday lenders can be wiped away in bankruptcy. The real issue is not the fact that they can. It is that once the consumer reaches a point that a very high-interest payday loan is ...

When filing for bankruptcy in Arizona, there are many factors that will be worrisome with the entire process. One is which bankruptcy exemptions are available to retain certain assets as the process ...

Filing for bankruptcy can help the filing party enjoy a fresh financial start, however, individuals considering filing for Chapter 7 liquidation bankruptcy may feel anxious about the process and what ...

Last week, the differences between different types of personal bankruptcy, Chapter 7 and 13, were discussed and one of the differences briefly touched upon was bankruptcy exemptions. When property is ...

When it comes to guns, motorcycles and prescribed health aides, folks get downright indignant if someone tries to take them away. It seems people think the second amendment to the U.S. Constitution ...

For the first time since 2001, Arizona has increased the exemptions that a Debtor may claim when he files a bankruptcy. When debtors file a Chapter 7 bankruptcy, they receive a discharge of their ...

When the real estate market crashed, starting in 2007, we had many homeowners stuck in a situation where their homes plummeted in value so much that there was no equity at all. Thousands of homeowners ...

If you are considering bankruptcy and have an asset that may be of value and that may not be exempt in that bankruptcy case, it would be wise to speak with an experienced bankruptcy attorney before ...

Taxes for which returns were not filed at all or…were filed, but within 2 years of filing a bankruptcy are not dischargeable. The issue here is not always just the two-year date as that becomes ...

Tax debt that is based on your income and for which a return was required to be filed within 3 years prior to the filing of your bankruptcy petition is not dischargeable in bankruptcy. See 11 U.S.C. ...

​Bankrupt rapper 50 Cent says the debt-repayment proposal up for review by a judge later this week would subject him to a form of modern-day indentured servitude, the Wall Street Journal ’s Bankruptcy ...

Though bankruptcy exists as a means to provide debt relief to people in Arizona and across the country who are overwhelmed with debt, it is important to understand that there are various categories of ...

When Arizona residents begin their jobs, they imagine that they can now enjoy the finer things in life and spend their money as they wish. Getting overwhelmed with debt is many times the last thing ...

One problem many of our bankruptcy clients have had is figuring out how to pay their attorney fees to us so we can file their bankruptcy. We now have a process where for a slightly higher fee, we can ...

For those in Arizona whose financial situation reaches the level at which they find it necessary to file for Chapter 7 bankruptcy, it must be understood that it is not just a matter of filing and ...

Dealing with financial challenges is not easy and constantly worrying about your budget and how to keep up with your minimum monthly payments can be stressful. Being burdened by debt and wondering how ...

While taking money early from a workplace retirement plan is generally a no-no, victims of Hurricane Harvey now have that option. The Internal Revenue Service last week that 401(k) plans and similar ...

Repossession and wage garnishment are two of the means used to harass already overwhelmed debtors into repaying their debts. Debt collections are reported to collections agencies, who may take extreme ...

Your bankruptcy is over and now you want to start rebuilding your credit. What to do. One of the implications of getting a discharge in bankruptcy is that all of your unsecured debt is gone. ...

Declaring bankruptcy is one way for Arizona residents to gain control of their financial life. In addition to wiping out debts, bankruptcy is also a means to retain ownership of household possessions, ...

While other states are enacting legislation to protect their residents from illegitimate debt collecting practices, Arizona may be on the way to passing a law that would make it easier for debt ...

A lot has been said lately about college loans-the high cost of tuition combined with even higher interest rates often leads many fresh college graduates into financial distress and they scramble to ...

Economists have different ways of looking at rates of personal bankruptcy. Obviously, people are more likely to have financial problems when the job market is bad and when they cannot afford to pay ...

Arizona residents on the receiving end of ceaseless phone calls from debt collectors and ignored requests to stop communicating may feel helpless. Struggling with both their debt and unfair debt ...

Some Arizona residents may be familiar with the term "under collection," which means that companies have passed on their debt to collection agencies who then bombard debtors with harassing phone ...

Arizona residents may remember the settlement money banks paid out for errors in the foreclosure process. Unfortunately, the same inaccuracy and flawed documentation seems to be plaguing the credit ...

When the real estate market crashed, starting in 2007, we had many homeowners stuck in a situation where their homes plummeted in value so much that there was no equity at all. Thousands of homeowners ...

Some debts will be discharged in a chapter 7 bankruptcy case UNLESS the creditor files a complaint and obtains a court order that the debtor will remain responsible for the debt after the case is ...

Retirements accounts are usually safe from common creditors both inside and outside of bankruptcy. If the creditor can’t touch the retirement account, it would not be wise for you to do any of the ...

Auto finance companies can repossess your car if you are late, they don’t have to wait a certain period of time to do so. Partial payments won’t typically slow the repossession process down and ...

I don’t sell bankruptcy as a commodity. Why? 1. There are other options that may better fit the client’s situation. 2. The client may have personal reasons for choosing to deal with the debt before ...

Here's a problem I am seeing more and more of as student loans skyrocket. As reported in the ABI Journal, Student Aid Center Inc. filed for bankruptcy last week, claiming between $500,001 and $1 ...

Though filing for bankruptcy offers debt relief to those who are facing financial challenges, many people hesitate to avail this federally guaranteed protection because they don't want to seem like ...

Thousands of consumers have been deceived through telemarketing schemes designed to sell phony mortgage assistance and debt relief programs to already cash-strapped citizens. In 2012, the FTC filed ...

These are the types of debts that are discharged in a chapter 13 bankruptcy that are NOT dischargeable in a chapter 7 bankruptcy: 1. Debts that weren’t or couldn’t be discharged in a previous case. 2. ...

The following are two lists. The first is a list of the most common reasons I encounter in representing clients with debt that force them to use a chapter 13 bankruptcy instead of chapter 7 ...

As an Arizona Bankruptcy Attorney, I am frequently asked by my clients, “will filing bankruptcy affect my job.” They are worried that the filing of a bankruptcy will cause them to be fired from their ...

According to Attorney Craig Andresen at bankruptcylawnetwork.com a Pennsylvania District court has ruled that a private employer MAY refuse to hire a job applicant solely because the applicant filed ...

Congress inserted a provision in the bankruptcy code preventing the loss of a job because of a bankruptcy filing. The reasoning appears to be based on a belief that the intended fresh start provided ...

When filing for bankruptcy , some people get the notion that they must do whatever they can to protect and preserve their finances and assets, including lying. It should go without saying but ...

Though filing for bankruptcy offers debt relief to those who are facing financial challenges, many people hesitate to avail this federally guaranteed protection because they don't want to seem like ...

Many people struggling with debt avoid filing for bankruptcy because they are unsure of what will happen to them after they file and how long will it take to bounce back. But a celebrity couple who ...

Here's a reorganization case striking close to home. Sundevil Holdings LLC, which operates two gas-fired power plants in Gila Bend, Arizona filed for Chapter 11 protection, Reuters reported. The ...

Though filing for bankruptcy offers debt relief to those who are facing financial challenges, many people hesitate to avail this federally guaranteed protection because they don't want to seem like ...

For Maricopa County residents facing financial challenges, one of the options for dealing with the problem is bankruptcy. For many folks, bankruptcy can be an effective way of dealing with an ...

Arizona residents may have heard about the recent claims of foreclosures abuse conducted by the nation's largest lenders, which alleged that flawed paperwork and poor loan modifications contributed to ...

Many Arizona residents have their expected expenses under control, such as credit card bills or utility wages. However, their financial plans may suffer when an unexpected expense, such as an illness ...

Arizona residents may have read zombie books and seen zombie movies, but they may have never heard of zombie titles. Spawned from the housing market crisis, this new phenomenon has meant American ...

One may think that all debt is equal and must be repaid to the creditors at the same pace and the same amount, but this is not true. Arizona residents may be surprised to hear that debt can be of two ...

As Arizona residents get older, many have started planning their retirement. But a surprising new report by the Government Accountability Office reveals that debt among senior citizens has risen ...

With financial problems come added issues of wage garnishment, creditor harassment, threat of foreclosure and asset forfeiture. Burdened by debt, Arizona residents may be desperate to take concrete ...

Readers of the Mesa, AZ, Bankruptcy Law Blog may have read the post "When unexpected events cause debt, consider bankruptcy filing," which discussed the turmoil that unexpected events can cause on ...

If you liked to shop at Sports Authority for apparel and equipment, you will need to act fast to catch any more last-minute liquidation sales. In late June, U.K. sporting goods retailer Sports Direct ...

As an Arizona Bankruptcy Attorney , it really breaks my heart to see people come into my office wearing a scarlet letter that is both self imposed and imposed upon them by the judgments of their ...

According to a recent USA today article, home foreclosures rose nationwide by 81% from 2007 and 225% from 2006. Total repossessions were 850,000 up from 404,000 in 2007. Arizona’s numbers were among ...

If you liked to shop at Sports Authority for apparel and equipment, you will need to act fast to catch any more last-minute liquidation sales. In late June, U.K. sporting goods retailer Sports Direct ...

Here's a reorganization case striking close to home. Sundevil Holdings LLC, which operates two gas-fired power plants in Gila Bend, Arizona filed for Chapter 11 protection, Reuters reported. The ...

For those in Arizona who are experiencing financial struggles, Chapter 7 bankruptcy is an option that many consider. While Chapter 7 - also referred to as a liquidation - might sound like a viable ...

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, commonly known as BAPCPA, imposed a “means test” on those filing bankruptcy. This means test primarily determines whether the ...

A chapter 13 bankruptcy requires that an “above median” debtor take a “means test” in order to determine how much that debtor must pay to unsecured creditors during the plan. This amount is called ...

According to a study from 2013 by NerdWallet Health, medical bills are expected to be the number one cause of personal bankruptcies, surpassing both credit card debt and mortgage debt. Research shows ...

There are various reasons Arizonians file for bankruptcy, but they may all stem from the same root-total bills, whether they are medical, credit card or mortgage bills, are more than Arizona residents ...

Despite the best-laid financial plans, an unexpected medical illness can wreak havoc on finances. Paying medical bills can exhaust Arizona residents both financially and physically and they may not be ...

The primary purpose for filing a bankruptcy is to obtain a “fresh start”. That is, to be in a position to move forward without the weight of old unsecured debt dragging down ones ability to move ...

When the real estate market crashed, starting in 2007, we had many homeowners stuck in a situation where their homes plummeted in value so much that there was no equity at all. Thousands of homeowners ...

According to ABC News/Money, JP Morgan has stopped 50,000 foreclosures while it reviews documents for errors. http://abcnews.go.com/Business/wireStory?id=11759376 This decision appears to be the ...

I don’t sell bankruptcy as a commodity. Why? 1. There are other options that may better fit the client’s situation. 2. The client may have personal reasons for choosing to deal with the debt before ...

Paying for things you need is one of life’s little dilemmas. Paying for legal help in Bankruptcy is one of life’s larger dilemmas. A bankruptcy client’s common refrain is, “how do I pay for a ...

have been counseling and representing clients with serious tax, consumer and business debt problems since 1996. During this time, I’ve developed some specific policies as follows: 1. Limited client ...

Here's a problem I am seeing more and more of as student loans skyrocket. As reported in the ABI Journal, Student Aid Center Inc. filed for bankruptcy last week, claiming between $500,001 and $1 ...

​Bankrupt rapper 50 Cent says the debt-repayment proposal up for review by a judge later this week would subject him to a form of modern-day indentured servitude, the Wall Street Journal ’s Bankruptcy ...

Filing for bankruptcy is an option that people struggling to make ends meet can avail to confront overwhelming debt and get control over their finances. Usually, Arizona residents will realize that ...

​Bankrupt rapper 50 Cent says the debt-repayment proposal up for review by a judge later this week would subject him to a form of modern-day indentured servitude, the Wall Street Journal ’s Bankruptcy ...

As discussed previously on the Mesa Arizona Bankruptcy Law Blog, using a credit card is much easier than paying it off- in fact it seems as if one forgets the hardship involved with paying off the ...

The term "bankruptcy" is generally used to denote a procedure whereby debts are discharged, but few people are aware that there are various types of categories that a person can file under, depending ...

The Ninth Circuit Court of Appeals has decided the issue of whether a reaffirmation agreement is necessary for bankruptcy in relation to personal property. Prior to the 2005 changes to the bankruptcy ...

In light of a recent and important case from the Ninth Circuit Court regarding “reaffirmation” agreements, it may be a good time to talk about what a reaffirmation agreement is. Technically, such an ...

Here's a problem I am seeing more and more of as student loans skyrocket. As reported in the ABI Journal, Student Aid Center Inc. filed for bankruptcy last week, claiming between $500,001 and $1 ...

​Bankrupt rapper 50 Cent says the debt-repayment proposal up for review by a judge later this week would subject him to a form of modern-day indentured servitude, the Wall Street Journal ’s Bankruptcy ...

When Arizona husbands mislead their wives about their spending habits, they may be hiding the fact that they spent excess money on entertainment, power tools, guns and sometimes cars. Today.com and ...

Arizona residents who have unpaid bills or who have been mistakenly listed as past due may have heard from debt collectors. A debt collector is someone who habitually collects debts that are owed to ...

Arizona residents struggling with debt may be aware that, in addition to the stress of paying off debt, they may also face creditor harassment, wage garnishment and fear of asset repossession. These ...

With Black Friday sales behind Arizona residents, they may now be looking at their credit card bills and trying to remember why it is they bought so many things that they didn't need. Keeping up with ...

AnnualCreditReport.Com U.S. Department of Justice BankRate.Com

The “small business” is suffering in today’s economic climate. Many have debts that are insurmountable. The “owner” has often also personally guaranteed the debt and is facing bankruptcy. The question ...

Small business is the backbone of our economy. There are literally millions of small businesses in the United States and at any given time, a large percentage of them are failing. Many Arizonans with ...

Here's a problem I am seeing more and more of as student loans skyrocket. As reported in the ABI Journal, Student Aid Center Inc. filed for bankruptcy last week, claiming between $500,001 and $1 ...

In February 2015, a healthy and able bodied debtor was able to discharge approximately $119,000.00 in student loans in Nebraska. The Court looked at the totality of the circumstances in the case and ...

Arizona residents who are struggling to make ends meet may be financially capable of dealing with everyday expenses, but unexpected expenses may overwhelm them. Unanticipated events such as sudden ...

Private student loans are currently nearly impossible to discharge in bankruptcy. Legislation proposed by Sen. Tom Harkin (D-Iowa) as part of a larger higher education package would allow private ...

If you are in trouble with the IRS it is very scary, and now you hear many advertisements on the radio and television from companies that claim they can resolve the problems for pennies on the dollar. ...

The IRS offer in compromise program has been around for decades. In theory, the program serves the best interests of all concerned, enabling the government to collect what it can from the taxpayer, ...

These days you hear many advertisements on the radio and television from companies that claim they can resolve your tax problems for pennies on the dollar. These ads refer to “brand new IRS programs” ...

One may think that all debt is equal and must be repaid to the creditors at the same pace and the same amount, but this is not true. Arizona residents may be surprised to hear that debt can be of two ...

Arizona residents who have unpaid bills or who have been mistakenly listed as past due may have heard from debt collectors. A debt collector is someone who habitually collects debts that are owed to ...

As Arizona residents get older, many have started planning their retirement. But a surprising new report by the Government Accountability Office reveals that debt among senior citizens has risen ...

Arizona residents may have heard about the recent claims of foreclosures abuse conducted by the nation's largest lenders, which alleged that flawed paperwork and poor loan modifications contributed to ...