When You May Need a Lawyer in a Chapter Seven Bankruptcy

Attorney, Steven R. Elias, in the book, Your New Bankruptcy Will it Work for You?  Answer this question.

Mr. Elias says most chapter seven bankruptcy sail through without a hitch.  However, there are some situations in which you may need some help from of bankruptcy lawyer:

Your average income over the last six months before you file is more than your state’s median income, and it looks like you won’t be able to pass the means test.

You want to hold onto a house or a motor vehicle and they exceeded the allowable exemptions.

In cases where you want to get rid of a student loan or an income tax debt that wouldn’t normally be wiped out in a bankruptcy unless you convince the court that it should be discharged.

A creditor files a lawsuit in the bankruptcy court claiming that one of your debts should survive your bankruptcy because you incur debt through fraud or other misconduct.

The bankruptcy trustee seeks to have your whole bankruptcy dismissed because you didn’t give honest and complete answers to your questions about your assets, liabilities, and economic transactions.

The U.S. Trustee asked the court to dismiss your case-or force you into chapter 13-because your income is high enough to fund a new chapter 13 repayment plan, or because the trustee believes that your filing it is an abuse of the chapter seven bankruptcy process or other reasons.

You have recently given away or sold valuable property for less than it is worth.

You went on a recent buying spree with your credit card (especially if you charged more than $550 on luxury goods within the last 90 days).

You want help negotiating with a creditor or the bankruptcy court, and the amount involved justifies hiring a bankruptcy lawyer to assist you.

A creditor is asking the court to allow it to proceed with its collection action despite your bankruptcy filing (for instance, a creditor wants to foreclose on your house because you’re behind on your mortgage payments).

You are being evicted by your landlord because you are behind on your rent.

While it is obvious that most people can handle their own chapter seven bankruptcy case with the assistance of a professional, like the paralegal it isn’t right for everyone.  It never hurts to get some legal advice before proceeding with a bankruptcy.

For more information call Discount Divorce and Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Current State Bankruptcy Laws Allow Arizonans to Keep More Assets

Current state bankrutcy laws in Arizona may allow residents to be able to shield more assets from creditors during bankruptcy than filers in other states, according to some sources.

In a recent court decision, the Ninth U.S. Circuit Court of Appeals ruled against bankruptcy trustees who tried to argue that filers can only keep life insurance policies and annuities if the beneficiaries of those policies are minor children.

The judge, however, said that Arizona bankruptcy laws may allow filers to keep the value of their life insurance policies, even if the beneficiaries are not minor children. During bankruptcy, filers are often allowed to keep a number of exempt items.

In Arizona, for example, Chapter 7 bankruptcy filers are allowed to keep a vehicle worth a certain amount, their wedding rings, and other important pieces of property.

But whether filers can keep the proceeds of life insurance policies is a relatively unsettled area of bankruptcy law, so the Ninth Circuit Court of Appeals had to step in.

The appellate court dealt with two cases. One involved a woman who named her adult daughter as beneficiary of three life insurance policies worth $40,000. The other case involved a woman who also listed her adult daughter as the beneficiary of a $33,000 life insurance policy.

In both cases, the adult daughters were not dependent on their parents. As a result, in both cases, the trustees claimed that the policies should not be exempt from liquidation.

And a court at the trial level sided with the trustees, claiming that federal laws allow the trustees to gather assets like life insurance policies that are not intended for minor beneficiaries.

The appellate court, however, overturned the lower court, citing an Arizona law that allowed bankruptcy filers to exempt life insurance policies, regardless of who those policies will eventually benefit.

And the court ruled that, in this case, state bankruptcy laws trumped federal laws, which reveals just how confusing some of the interplay between state and federal rules can be in bankruptcy court.
The case also reveals why so many Americans choose to contact a bankruptcy lawyer before marching into bankruptcy court - the uncertainties of the laws can make heading into court alone a daunting task.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Do I Need My Tax Return for Filing a Bankruptcy?

One of the fundamental eligibility requirements for filing either Chapter 7 or Chapter 13 bankruptcy is that you must be current in tax return filings. You cannot file for bankruptcy if you are behind on filing your tax returns. You can, however, file bankruptcy if you have filed your tax returns but you have not made all of your required tax payments to the IRS.

You only need your most recent tax return plus the past two years when you file for Chapter 7 bankruptcy. For expample if you are filing in 2012 you would need the tax returns for 2011, 2010 and 2009.  If you don't have a copy of your tax return then you can request a transcript from the IRS. The transcript is basically a summary of your tax return. If you haven't filed a tax return for the most recent tax years then you will need to do that before you are eligible to file for Chapter 7 bankruptcy.

At the time of your intial appointment with Discount Divorce & Bankruptcy we do not need to see your tax returns.  We only need the following items:

1.             Our questionnaire. 

2.             A copy of any law suits you have been served with. 

3.             A photo ID, such as a driver’s license. 

4.             A copy of your credit report if you do not know who all your creditors are. We recommend using Advantage Plus Credit Reporting, Inc., Cost for a credit report $33

5.             Our fee of $199.  (We accept all forms of payment except personal checks.)

 

Your tax returns will be need after your bankruptcy documents have been prepared by us.  We recommend Larry Bird (602) 375-9644) for preparing tax returns.

 

If you have not filed your taxes, your bankruptcy case can be dismissed before it really even gets going. If you have tax returns that you have not filed, take the time to get them filed prior to filing your bankruptcy case. It will save you time, money, and aggravation.

 

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Difference Between Chapters 7 & 13 Bankruptcies

Going Bankrupt: Repayment of Your Debt

The biggest difference between Chapters 7 and 13 bankruptcies is the repayment of your debt. Chapter 13 bankruptcy involves a court-ordered repayment plan where a portion of your debt back is repaid to your creditors. In a Chapter 7 bankruptcy, there is no repayment plan and certain debts can simply be eliminated.

Length of Chapter 7 and Chapter 13 Bankruptcy Process

The second major difference between the two chapters is the time it takes to complete each chapter’s filing process. While a Chapter 7 bankruptcy filing usually only takes 4-6 months to complete, a Chapter 13 bankruptcy is a much longer procedure and usually lasts 3-5 years.

Protecting Assets v. Possible Liquidation

Your assets are protected in a Chapter 13 bankruptcy and the bankruptcy can even help you save assets that are facing foreclosure or repossession -- such as a house or car. Since a Chapter 13 bankruptcy in not a liquidation bankruptcy, you are able to keep your assets even if your states exemptions do not completely protect them. In a Chapter 7 bankruptcy, although it rarely happens, the Bankruptcy Court can liquidate your assets if they are not protected by your state’s bankruptcy exemptions. Your state probably has a specific exemption to protect a portion of equity in your house or car.

For more information go to DiscountDivorcePro.com

Student Loans in Bankruptcy

Student loans are no longer dischargeable in bankruptcy just because they have been in pay status for a given period of time. The only way the loan can be discharged is by proving that repayment of the loan will create an undue hardship on the debtor/borrower and his family.

This standard is generally interpreted to mean that the debtor cannot maintain a minimally adequate standard of living and repay the loan. It usually requires a showing that the conditions that make repayment a hardship are unlikely to improve substantially over time. Many courts use the test for undue hardship found in the Brunner case.

Courts in some circuits will permit the judge to find that the debtor can repay a portion of the loan without hardship, and to discharge the balance of the loan.

To discharge a student loan in bankruptcy, the debtor must bring an adversary proceeding in the bankruptcy case. The debtor must prove at trial that repayment constitutes undue hardship.

There is some small comfort in the federal regulations which restrict the amount of a student/borrower's wages that can be garnished to repay a student loan to 10% of the borrower's take home pay. 59 Fed. Reg § 22473.

Of course, the lender also has the right to intercept tax refunds and apply them to the loan.

For more information contact an attorney of visit DiscountDivorcePro.com

What Can Be Done About Threating Creditors

Because collection agencies for unsecured creditors have only one way to get their money back, short of a lawsuit, they will call you relentlessly, send you mail and generally try to make you wish you had never defaulted.

There are some of the rules they must abide by, according to the Fair Debt Collection Practices Act.

They cannot tell anyone that they are collecting a debt. They cannot even mark the outside of mail notices with any indication that they are attempting to collect a debt.

If they call you at work, tell them to stop. After that, any call they make to your business, is illegal.

They must call you between the hours of 8 a.m. and 9 p.m. local time.

They may not threaten you or curse at you.

If you notify the collection agency in writing that you wish them to cease and desist contacting you, they can only contact you once more to confirm they will not be contacting you.

If any collection agency ever violated any of these rules, you may sue them. Be sure to document the incidents thoroughly.

For more information call an attorney or visit DiscountDivorcePro.com