The following will explain a few of the fundamentals of bankruptcy.
Nothing beats legal advice from a seasoned bankruptcy expert that is tailored to your specific circumstances. My goal is to help educate you on the ins-and-outs of bankruptcy and answer questions you may have (generally for FREE). But before we talk, it is good to know more about the basics of bankruptcy.
Bankruptcy is a complex interaction of numerous laws (federal and state) that should not be attempted without competent legal counsel. Do not use document preparers or attorneys who do not devote their entire practice to bankruptcy law. The majority of consumer bankruptcy attorneys provide free or low-cost initial consultations. Use these bankruptcy articles to learn more about the fundamentals of bankruptcy.
Important Chapter 7 & 13 Deadlines
The following link gives you access to a calculator that generates the time periods specified within the Federal Rules of Civil Procedure, in any local rule or court order, or in any statute that does not specify a method of computing time.
Glossary of Bankruptcy Terms
On this page you will find a glossary of commonly used terminology used in bankruptcy or in a court setting.
Quick Links to Articles & Resources
Are you asking yourself the following?
- What Should I do to Prepare for Filing Bankruptcy?
- What are the Credit Counseling and Debtor Education Classes?
- What is Involved with Filing a Bankruptcy?
If you are asking yourself these questions, you are not alone. I have created a page with the 16 most frequently asked questions I get from my clients. Click below to read more in detail and to answer more of your questions.
These links are great resources for finding the answers you need about laws, fiduciary responsibility and other knowledge based questions.
- Fair Debt Collection Practices (link to article at www.azlawhelp.org)
- Predatory Lending – the Arizona Attorney General’s Office
- Consumer Protection Laws
- Usury – Past and Present
- Basic Rules Governing Debt Collectors
- Student Loans
- Bankruptcy History and Religion
- What is a Credit Score and How to get a Copy of my Credit Reports
- Secret History of the Credit Card, Frontline interview with Elizabeth Warren, Prof. Harvard University, expert in bankruptcy
- The Credit Card Game: Frontline 12-09 (streaming video -therefore it takes time to load) As credit card companies face rising public anger, new regulation from Washington and staggering new rates of default and bankruptcy, FRONTLINE correspondent Lowell Bergman investigates the future of the massive consumer loan industry and its impact on our fragile national economy.
- IRS – Collection Standards (what is allowed by the IRS)
- IRS – link to your account, refund status, make payments, etc.
- Eliminating Taxes in Bankruptcy (article by Howard Levy, former trial attorney for the IRS) How to get Information from the IRS. Includes how to obtain transcripts.
- National Do Not Call Registry – stop telemarketing, file complaints
- Stop Junk Calls
- Credit Scoring – How Does It Work?
- Arizona Department of Financial Institutions – complaint form for poor servicing from escrow or title agency
- Auto Recalls – National Highway Traffic Safety Administration
- Bankrate.com – Consumer Information on Banking and Personal Finance
- Better Business Bureau
- Consumer Directory of Federal Agencies
- Consumer Product Safety
- Consumer Protection Agencies -FTC – General
- Consumer World – Catalog of Useful Consumer Resources
- Consumer.gov – U. S. Government
- Consumer-Action.org – Multilingual Library of Consumer Information
- Copnet.org – Linking Community and Police
- National Association of Consumer Advocates
- National Foundation for Credit Counseling
- National Fraud Information Center
- Predatory Lending – Arizona Attorney General
- What are your privacy rights?
- Protecting Yourself from Consumer Fraud – From Florida Attorney General
- Victims Rights – Arizona Attorney General
What is bankruptcy, besides being really scary?
- Is Bankruptcy the Right Choice for You? Article from MoneyGeek
- Why is Professional Help Essential in Filing a Good Bankruptcy?
- Why is Bankruptcy Diane Drain’s Primary Focus?
- How Does Bankruptcy Work and What is it Intended to Accomplish?
- What are the Types of Bankruptcy?
- The Chapter 7 v Chapter 13 Bankruptcy Question: Which is Right for You? (article from MoneyGeek)
- Download List Of Arizona Exemptions (7589 downloads)
- I think I have a “Simple” Bankruptcy
- The Most Difficult Part of Bankruptcy Has Nothing To Do With Money
Some Basics:
- Bankruptcy Basics (videos produced by the United States Bankruptcy Courts)
- What is Pre-Bankruptcy Planning
- Bankruptcy Planning: 5 Traps for the Unwary
- 25 of the Most Frequently Asked Questions About Bankruptcy
- What is Involved in Filing a Bankruptcy for a Consumer?
- Important Deadlines and Timeline for chapter 7 and 13.
- How to Handle Harassing Creditors
- Now that my bankruptcy is over what can I do? (pay family, deal with my credit report, etc)
- Starting-Over-Dave-Ramseys-Survival-Guide.pdf (296 downloads)
Chapter 7 Bankruptcy:
- What is a Chapter 7, plus information about the means test and exempt property.
- Chapter-7-flow-chart.pdf (2208 downloads)
- The Steps to Filing a Consumer Chapter 7 Bankruptcy
- How Do I Survive After Filing a Chapter 7?
Chapter 13 Bankruptcy:
- What is a Chapter 13?
- Chapter-13-flow-chart.pdf (824 downloads)
- Why Chapter 13 Can Be Doomed To Failure
- What is the Difference Between Chapter 7 and Chapter 13?
Hiring someone to help you file bankruptcy:
- Why hiring a cheap lawyer can be very expensive.
- How do I find a good bankruptcy lawyer?
- Paralegal Schemes and Scams
- Why Using a Document Preparer or Paralegal is So Dangerous
- What About Using an Attorney Referral Program – such as LegalZoom?
Foreclosures and Bankruptcy:
- Arizona Trustee Sales, Foreclosure and Bankruptcy
- Trustee Sales (Foreclosures) and Bankruptcy – case law and notes
Bankruptcy and Religion:
Small Business Bankruptcy:
- Guide to Chapter 11 – How it Can Help (article from MoneyGeek)
- Steps to Filing a Business Chapter 7 Bankruptcy
- Chapter-7-COMPANY-flow-chart-9-30-18.pdf (310 downloads)
Bankruptcy for a Creditor:
More Bankruptcy Links & Resources:
Valuation Resources – house and vehicle
- Value of your home:
Value of your vehicle:
Online Calculators:
Bankruptcy Law:
- U.S. Constitution
- US Bankruptcy Code
- Arizona Bankruptcy Court – Judges Procedures, Local Rules, General Orders, Chapter 13 Confirmation Rules
- 9th Circuit – Bankruptcy Appellate Panel Rules, Local Rules, General Orders, Federal Rules of Appellate Practice
- Federal Rules of Civil Procedure
- Federal Rules of Evidence
- U.S. Code
- U.S. Code Table of Popular Names
Bankruptcy Courts:
- U.S. Supreme Court
- Federal Courts – link to all federal courts (Supreme, District, Appeals and Bankruptcy)
- United States District Court of Arizona
- United States Bankruptcy Courts
- United States Bankruptcy Court – District of Arizona
- 9th Circuit Bankruptcy Appellate Panel
- 9th Circuit Court of Appeals
Bankruptcy Trustees and Clerks
- U.S. Trustee Program is part of the Department of Justice and oversees the administration of bankruptcy cases. Their site contains information about the U.S. Trustee program and the bankruptcy system.
- Russell A. Brown, chapter 13 Trustee
- Edward Maney, chapter 13 Trustee
- Dianne Kerns – chapter 13 trustee in Tucson
- Chapter 13 Trustee’s Network
- National Association of Chapter Thirteen Trustees (forum for 13 issues)
Bankruptcy Agencies and Departments & Organizations:
- Internet Bankruptcy Library discussion groups, conferences, publications, resources
Bankruptcy Organizations, Forums & Committees:
- Arizona Consumer Bankruptcy Counsel: “ACBC” Mentoring group of experienced consumer bankruptcy council. Arizona based. Membership includes participation in very active listserv, monthly CLE luncheons, reduced prices for sponsored CLE programs, access to education videos.
- American College of Bankruptcy: The College was formed in 1989 and has over 800 Fellows that are selected by a Board of Regents from among recommendations received from the Circuit Admissions Council in each federal judicial circuit. The Regents select those who meet the following standards: (i) the highest professional qualifications and ethical standards; (ii) the highest level of character, integrity, professional expertise and leadership; (iii) sustained evidence of scholarship, teaching, lecturing and distinguished published writings on bankruptcy practice or insolvency practice and the overall improvement of the process.
- American Bankruptcy Institute – Comprehensive information about legislative news related to bankruptcy, bankruptcy statistics, judges’ opinions, bankruptcy code and analysis. ABI is “the nation’s largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency.” ABI publishes a newsletter 10 times per year, distributed to ABI members.
- National Association of Consumer Bankruptcy Attorneys, Inc. is an organization of attorneys representing mostly debtors. Their site contains information about their organization and cases of interest.
- The Commercial Law League of America (www.CLLA.org) claims to be America’s oldest creditors’ rights organization. Their site contains a special update on the final report of the Bankruptcy Review Commission and other bankruptcy info.
- The American Board of Certification certifies attorneys as specialists in business bankruptcy, consumer bankruptcy and creditors’ rights law. It is a non-profit organization, sponsored by The American Bankruptcy Institute and The Commercial Law League of America, dedicated to serving the public and improving the quality of bankruptcy and creditors’ rights law bars.
General Bankruptcy Information & News:
- American Bankruptcy Institute
- Findlaw.com – bankruptcy and other specific legal sites
Tax & Bankruptcy Resources:
Searching for someone who cares about their clients?
Take your time and find an attorney who is conscientious, experienced, compassionate, and with whom you have a strong working relationship.
If you choose a bankruptcy lawyer based only on price, then bad things are very likely to happen. Like unnecessarily losing your tax refunds, and other unexpected that could have been avoided, or at least planned for. Instead, look for bankruptcy assistance with same level of care you would use to buy a car or a house.
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For individuals seeking a FREE bankruptcy consultation visit this link
For small businesses seeking a FREE bankruptcy consultation visit this link
Resources + Articles for Consumers
- U.S. Trustee Program is part of the Department of Justice and oversees the administration of bankruptcy cases. (This site contains information about the U.S. Trustee program and the bankruptcy system)
- Russell A. Brown, chapter 13 Trustee
- Edward Maney, chapter 13 Trustee
- Dianne Kerns – chapter 13 trustee in Tucson
- Chapter 13 Trustee’s Network
- National Association of Chapter Thirteen Trustees (forum for 13 issues)
- American Bankruptcy Institute (research and education on insolvency)
- Internet Bankruptcy Library discussion groups, conferences, publications, resources
- Office of the U.S. Trustee
- National Association of Consumer Bankruptcy Attorneys, Inc. “NACBA”
- Arizona Consumer Bankruptcy Counsel, Inc. “ACBC.org”
Value of your home:
Value of your vehicle:
Online Calculators:
- National Do Not Call Registry – stop telemarketing, file complaints
Stop Junk Calls - Credit Scoring – How Does It Work?
- IRS – Collection Standards (what is allowed by the IRS)
Internal Revenue Service. - Arizona Department of Financial Institutions – complaint form for poor servicing from escrow or title agency
Auto Recalls – National Highway Traffic Safety Administration - Bankrate.com – Consumer Information on Banking and Personal Finance
- Better Business Bureau
- Consumer Directory of Federal Agencies
- Consumer Product Safety
- Consumer Protection Agencies -FTC – General
- Consumer World – Catalog of Useful Consumer Resources
- Consumer.gov – U. S. Government
- Consumer-Action.org – Multilingual Library of Consumer Information
- Copnet.org – Linking Community and Police
- National Association of Consumer Advocates
- National Foundation for Credit Counseling
- National Fraud Information Center
- Predatory Lending – Arizona Attorney General
- What are your privacy rights?
- Protecting Yourself from Consumer Fraud – From Florida Attorney General
- Victims Rights – Arizona Attorney General
Resources + Articles for Lawyers
- Arizona Consumer Bankruptcy Counsel: ACBC (requires membership)
- American Bankruptcy Institute (requires membership)
- NACBA ListServe (requires membership)
Arizona Consumer Bankruptcy Counsel: “ACBC” Mentoring group of experienced consumer bankruptcy council. Arizona based. Membership includes participation in very active listserv, monthly CLE luncheons, reduced prices for sponsored CLE programs, access to education videos.
American College of Bankruptcy: The College was formed in 1989 and has over 800 Fellows that are selected by a Board of Regents from among recommendations received from the Circuit Admissions Council in each federal judicial circuit. The Regents select those who meet the following standards: (i) the highest professional qualifications and ethical standards; (ii) the highest level of character, integrity, professional expertise and leadership; (iii) sustained evidence of scholarship, teaching, lecturing and distinguished published writings on bankruptcy practice or insolvency practice and the overall improvement of the process.
American Bankruptcy Institute – Comprehensive information about legislative news related to bankruptcy, bankruptcy statistics, judges’ opinions, bankruptcy code and analysis. ABI is “the nation’s largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency.” ABI publishes a newsletter 10 times per year, distributed to ABI members.
National Association of Consumer Bankruptcy Attorneys, Inc. is an organization of attorneys representing mostly debtors. Their site contains information about their organization and cases of interest.
The Commercial Law League of America (www.CLLA.org) claims to be America’s oldest creditors’ rights organization. Their site contains a special update on the final report of the Bankruptcy Review Commission and other bankruptcy info.
The American Board of Certification certifies attorneys as specialists in business bankruptcy, consumer bankruptcy and creditors’ rights law. It is a non-profit organization, sponsored by The American Bankruptcy Institute and The Commercial Law League of America, dedicated to serving the public and improving the quality of bankruptcy and creditors’ rights law bars.
- ABIWorld.org/headlines
- Bankrupt.com/freenews
- BKinformation.com
- Findlaw.com – bankruptcy and other specific legal sites
- NACBA/news
- US Bankruptcy Law – Legal Information Institute of Cornell Law School.
General Resources & Articles
ABI: Status of recent bankruptcy bills or cases
US Bankruptcy Law – Legal Information Institute of Cornell Law School.
Quick reference to commonly used bankruptcy terms. Knowing the terms used during the bankruptcy process will help you understand the process. visit our Bankruptcy Glossary.
- US Bankruptcy Code
- Arizona Bankruptcy Court – Judges Procedures, Local Rules, General Orders, Chapter 13 Confirmation Rules
- 9th Circuit – Bankruptcy Appellate Panel Rules, Local Rules, General Orders, Federal Rules of Appellate Practice
- Federal Rules of Civil Procedure
- Federal Rules of Evidence
- U.S. Code
- U.S. Constitution
- Federal Courts – link to all federal courts (Supreme, District, Appeals and Bankruptcy)
- United States District Court of Arizona
- United States Bankruptcy Courts
- United States Bankruptcy Court – District of Arizona
- 9th Circuit Bankruptcy Appellate Panel
- 9th Circuit Court of Appeals
- U.S. Supreme Court
Can you lose your home or other essentials?
Even if you own your home outright, you may lose it in the process. Depending on where you live, certain assets are exempt (excluded) from the bankruptcy estate, including all or part of the value of your home.
What is exempt property?
“Exempt property is any property that creditors cannot seize and sell in order to satisfy debt during chapter 7 or chapter 13 bankruptcy. The type of property exempted differs from state to state but often includes clothes, home furnishings, retirement plans, and small amounts of equity in a house and car.” according to law.cornell.edu.
What most people don’t understand is that everyone has the right to stop unsecured creditors from seizing their exempt property. In other words, every adult has the right to protect the basic necessities of life. Link to Arizona Exemptions.
Can you transfer non-exempt property into exempt?
Transferring assets that are not exempt into assets that are exempt, without more, isn’t illegal or wrong. The legislative notes of the Bankruptcy Code specifically allow this kind of activity. But this doesn’t mean that the process is risk-free. Changes to the bankruptcy laws in 2005 challenge the Constitutional right of every person to get good legal advice from their lawyer about making transfers or taking on new debt before filing for bankruptcy.
Who can file bankruptcy?
Almost anyone who owns property in the United States, or who has a permanent residence or business here, can file for Chapter 7 bankruptcy. However, in order to be eligible for a discharge—the order that wipes out qualifying debt—you must first meet several criteria.
What questions should I ask about bankruptcy?
The question of who can file bankruptcy is deceptively simple – typically it is everyone. But the real question needs to be “should a bankruptcy be filed?” If so, “what type of bankruptcy?” And then, “who should file the bankruptcy?”. Followed by “when should a bankruptcy be filed?”. But those are just a few of the questions that must be asked before anyone or any company files for bankruptcy protection.
Isn’t bankruptcy just a bunch of simple forms?
People think that filling out a bunch of forms is all it takes to file for bankruptcy because that is how some law firms handle them. What the law firms don’t tell their clients is that almost all of them will lose their tax refunds, their families are sued for the return of money or assets that were given to them, they lose their businesses or other assets that aren’t exempt, and so much more. A really good bankruptcy lawyer takes the time to teach their clients about the challenges of filing for bankruptcy protection, and help them plan for the best possible result.
What is the Chapter 7 process?
Individual Chapter 7 bankruptcy is the most common type of bankruptcy relief. The basic concept of Chapter 7 is as follows: The bankruptcy trustee assigned to your case sells your property to pay off your creditors, and the process concludes with the discharge of qualifying debt, such as credit card balances, medical debt, and personal loans.
How does a chapter 7 begin?
With the filing of a chapter 7 bankruptcy, the debtor’s assets and liabilities are effectively frozen.
The debtor preserves the exempt assets, while the bankruptcy trustee liquidates the non-exempt assets and distributes the money to the existing unsecured creditors ( Arizona Exemptions ). The debtor is subsequently relieved (discharged) of the need to pay most existing obligations, and creditors cannot collect the bankrupt’s future earnings. Lenders with home or car loans are either paid in full, the current value, or the objects are surrendered to the lender.
Unless a court order is issued, fully secured creditors will keep their claim on the collateral.
The secured creditor may apply for a court order permitting them to seize the secured collateral (house or car). Fully secured creditors have no right to share in any liquidated asset distributions made by the bankruptcy trustee.
What is the Chapter 13 process?
A chapter 13 bankruptcy is also called a wage earner’s plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years.
How does a chapter 13 work?
In contrast, a chapter 13 bankruptcy focuses on future income rather than current assets.
The debtor is allowed to keep all of their assets and pay creditors from future earnings. Payments are sent monthly to the bankruptcy trustee, who pays the arrears on the property, vehicles, taxes, and child support; only if there is money left over, the trustee pays the existing unsecured creditors, who file proofs of claims. This is achieved through a three- to five-year court-approved plan. The balance of the unpaid obligations contained in the plan are forgiven at the conclusion of the plan (discharged).
Some debts, such as student loans, survive a chapter 13 bankruptcy unless action is taken within the bankruptcy.
A few debtors must file chapter 13 because they earn too much money. The means test contained in this form and required by the Bankruptcy Code will help Ms. Drain with this analysis. The good news is that a chapter 13 bankruptcy often allows the debtor to save their home, remove junior liens on their homes and pay off their vehicles.
Clients from all across Arizona have put their trust in us
Our situation was complicated by having moved here recently from another state, but that posed no problem for them
“Our situation was complicated by having moved here recently from another state, but that posed no problem for them” R.B. Diane and Jay did a great job for us. Diane is a very knowledgeable, experienced, and well-connected bankruptcy lawyer. She instructed us well, was invaluable in getting [...]
Best Bankruptcy Attorney in Phoenix!
“Best Bankruptcy Attorney in Phoenix!” Anon It was such a pleasure working with Diane through this difficult process. Diane is a wonderful attorney who not only knows the bankruptcy law inside and out, but is very compassionate and explains everything in detail through each step of the [...]
I really felt I could trust you
"I really felt I could trust you!" Excess Sales Proceeds, P. EXCESS SALE PROCEEDS: P. and I would like to thank you both, especially you Jay, for all the work you did in obtaining our Excess Funds check today. You somehow managed to get this done between January [...]
I couldn’t have done it — wouldn’t have dreamed of even trying — without you and Jay. You’re the very best!
"I couldn't have done it -- wouldn't have dreamed of even trying -- without you and Jay. You're the very best!” D.C. For a review I decided to do something a little different, which is to adapt my last email letter because it illustrates my elation and good [...]
My wife and I would recommend Diane to anyone who is thinking of filing
"My wife and I would recommend Diane to anyone who is thinking of filing" P.A. Filing for Bankruptcy is a huge decision, yet Diane’s knowledge of the laws from her years of experience make it far less daunting. My wife and I would recommend Diane to anyone who [...]
Five Stars is Not Enough.
“Five Stars is Not Enough. ” T.D. It would be difficult to fully describe how effective and talented Diane is. She took my exceptionally (some would say ridiculously) complex case and made sense of it. I'd had a very negative experience with my former counsel and from Day [...]
Diane helped me retain my dignity
"Diane helped me retain my dignity ." S & A *Diane helped me retain my dignity during a very uncomfortable time. I am very grateful.
They eased my troubled mind
“They eased my troubled mind” P.A. My experience with both Diane Drain & Jay have eased my troubled mind! They both were Extra Helpful during this trying time!
Our Emotional Ups and Downs Were Frequent, and Her Patience Was Unwavering!
“We highly recommend Diane Drain IF you are looking for the educated, knowledgeable, honest and transparent (and very fairly priced) attorney! ” P.R. We had recently relocated to Arizona from the Chicago area when we realized we had to face up to our financial problems, rather than [...]
We were extremely pleased
"We were extremely pleased!" Anonymous We were extremely pleased with the quality and level of support you and Jay provided. We had shopped around a bit before contacting you and once we did the comparison with other attorneys and bankruptcy “mills” was extremely and significantly positive. [...]
Very high grade!!! Five out of five stars
“Very high grade!!! Five out of five stars” J & B B. The best of the best to be represented by Diane. Very high grade!!!
You folks are the BEST OF THE BEST in Arizona
“You folks are the BEST OF THE BEST in Arizona” M.H. You and Jay are the best attorneys I have ever had or needed and thank God for the Honorable Robert Gottsfield in recommending you folks – I would have never made it through the entire process [...]
Diane did a great job handling our bankruptcy
"Diane did a great job handling our bankruptcy" Ron Diane did a great job handling our bankruptcy. She kept us informed throughout the process and always responded to calls & emails. I would highly recommend her to anyone considering bankruptcy.
I was in financial turmoil for various reasons and was running scared
"I was in financial turmoil for various reasons and was running scared" G.S. Five years ago, I was in financial term oil for various reasons and was running scared. I did not know what to do or how how was going to get out of the mess [...]
They helped me through a very difficult time
“They helped me through a very difficult time” P.J. Diane and Jay helped me through a very difficult time. My Husband passed after a year-long had to file chapter 7 bankruptcy, and needed to re-locate to Seattle to live with my daughter and her family. [...]
We are grateful for all the kindness and respect they showed us.
“We are grateful for all the kindness and respect they showed us in handling our case to completion. ” T.D. and R.I. Diane and Jay are an absolutely phenomenal professional team. Bankruptcy is not an easy undertaking and there is a lot of paperwork you have to [...]
Diane and Jay Answered All Our Questions
“They answered all our questions patiently and thoroughly explained the legal processes and what we could expect so there were no surprises. .” T.D and R.I. Diane and Jay are an absolutely phenomenal professional team. Bankruptcy is not an easy undertaking and there [...]
Diane and Jay were very knowledgeable, professional and supportive
"Diane and Jay were very knowledgeable, professional and supportive!" April Filing bankruptcy was a very difficult choice and experience. But, Diane and Jay were very knowledgeable, professional and supportive throughout the process. Your team made the honor roll in a perfect grade.
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