Links to US bankruptcy court websites and latest form updates. ); Jane Bryant Quinn in Newsweek: When Bankruptcy Makes Sense (Jan 3, ) This site will point you to numerous books, articles and services that can help you Whether you decide to do it yourself or hire professional help, this site will help you.
Table of contents
- How to File Bankruptcy in Phoenix, Arizona 85001
- Chapter 7 Bankruptcy
- Chapter 13 - Bankruptcy Basics | United States Courts
- Background
- 13 Pitfalls of Bankruptcy in Arizona
There are fees for:. Surfing the Web is fine, but not all that efficient. To get up to speed faster, you can buy a step-by-step book that lays out the bankruptcy process and includes worksheets and forms. Depending on where you live, you might be able to get some free bankruptcy help and information from the court, specifically for people filing bankruptcy without an attorney. An increasing number of courts offer such materials and you'll find links to those resources on the bankruptcy court page.
Most bankruptcy courts used to offer little or no real help to non-attorneys. There were a few happy exceptions to this general rule, but only a few. Even so, this information goes only so far. Court clerks still can't answer most questions or offer advice, but most now do offer some sort of self-service packet or people filing without an attorney, or who are at least curious about what is involved, before they decide to hire an attorney.
You may want to consult a bankruptcy lawyer early on, if you can get a free consultation. This approach helps you make the most of your time with the attorney, and helps you evaluate whether the attorney really knows bankruptcy law. Bankruptcy is a specialized area of law. If you hire a lawyer, you want want one who really knows the subject and is familiar with local bankruptcy court rules and customs.
It's a good article, but the dire warnings about 'misinformation' in that article can be avoided by buying a good, up-to-date book on the subject. Chapters 1 through 5 of How to File for Chapter 7 Bankruptcy. Arizona District Bankruptcy Court. Before you file for bankruptcy, you must participate in a credit counseling session and get a certificate proving that you have done so. If you are planning to file jointly with your spouse, you can both attend the same counseling session, but each of you must get a separate certificate. Many critics of the new bankruptcy law see the credit counseling requirement as just another bureaucratic obstacle for already-desperate debtors.
But try to make the most of this minute session by getting as much free information as you can. Use it as a way to get a second opinion about your financial situation, to gauge whether bankruptcy is, indeed, the right choice for your situation. However, by law, a credit counselor cannot actually advise you whether you should file for bankruptcy.
So far since the credit counseling requirement began in October , counselors are reporting that of the vast majority of the debtors they're seeing are in such dire financial shape that bankruptcy is the only realistic option left for them. Chapters 1 and 6 of How to File for Chapter 7 Bankruptcy. In addition to providing this information, you're required to make decisions about what you plan to do about your secured debts that is, debts that are secured by property you own.
With some diligence, you can prepare all these forms yourself Bankruptcy rules can be unforgiving, and became more so since the passage of the law. There was a time when incomplete filings could be easily amended once the errors were called to the filers attention. Under the new law, it's extra important to have all your ducks in a row before you file -- and there are quite a few ducks You must be willing to take the time to read a good step-by-step instruction manual and follow the instructions carefully.
If you prefer not to handle it yourself, you can find listings of local bankruptcy lawyers on this website, in the yellow pages and on online lawyer directories, such as the National Association of Consumer Bankruptcy Attorneys NACBA. In a few areas you may also find businesses run by non-lawyers, known as Bankruptcy Petition Preparers BPPs , who can fill out your forms but not offer legal advice.
Chapter 6 of How to File for Chapter 7 Bankruptcy. As mentioned in the previous section, at some point in the bankruptcy process, you may decide to hire someone to help you. If you just want help with the mechanical task of completing the forms and do not need legal advice, you can hire a Bankruptcy Petition Preparer BPP. If you have questions about how to interpret a particular form, or want an opinion about how bankruptcy law, state exemption laws or federal tax laws apply to your particular situation, you may want to hire a bankruptcy lawyer , at least for an initial consultation.
A good bankruptcy lawyer should be able to advise you on strategies to maximize the economic benefit of your bankruptcy filing, and be familiar with the local practices of the court. On the other hand, if your bankruptcy is a simple matter of too much unsecured credit card debt, and all of your assets are exempt, you may not need all that much help to get through your bankruptcy. When you go for credit counseling, ask your counselor whether your situation seems routine, and what risks you face in fling for bankruptcy -- in your particular case. They're prohibited by law from giving you advice about whether you should file, but you may be able to get a pretty good sense of whether your case is simple or unusual, and whether your situation is so dire that bankruptcy is your best remaining alternative.
Chapter 10 of How to File for Chapter 7 Bankruptcy. See also, this study of the effect on bankruptcy reform on attorneys fees which documents attorneys fees in every judicial district in the US. Chapters 6 and 7 of How to File for Chapter 7 Bankruptcy. Within 20 to 40 days after you file your papers, you'll have a "meeting" with the bankruptcy court trustee.
It's not a meeting in the traditional sense. You show up at a certain time, with a bunch of other people who have their meeting that day, and sit and wait for your name to be called. At this meeting the trustee can ask you questions about the information you put on on your forms. Creditors can ask questions and object to or challenge the applicability of exemptions you are claiming. How to File for Chapter 7 Bankruptcy , Chapter 7: Tampa, FL Bar Association video walks you through the filing process and including the hearing.
Now also includes versions of the video in Spanish and Creole. Before he recenly passed away, Arizona attorney Joseph C. McDaniel made an excellent series of videos about the bankruptcy process including this one about what to expect at the hearing. These videos are still available, as part of his " bankruptcy homework " series.
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- Amuse-Bouche: Little Bites of Delight Before the Meal Begins;
- How to File Bankruptcy in Phoenix, Arizona.
- AZ Bankruptcy Law;
Parts of it are specific to Arizona like the exemption amount you'd get if the trustee sells your car free and clear. Arizona District Bankruptcy Court:: Depending on your circumstances these are two things you may or may not need to do. There may be some liens creditors' claims against your property that you can have removed by filing some extra paperwork after your original bankruptcy forms have been filed.
How to File Bankruptcy in Phoenix, Arizona 85001
Creditors or the trustee have 30 days after the 'close' of the creditors' meeting object to something on your forms. You may but are not required to respond before the court has a hearing on the matter. Depending on the objection you may need to hire some lawyer to properly respond to it. If you are hiring an online service to prepare your bankruptcy papers, be sure to ask whether the standard fee includes filing motions for lien avoidance, or responding to the trustee's or a creditor's objection, or whether that costs extra. As if you don't have enough hoops to jump through already, when you've completed all the other parts of your bankruptcy, you still don't get that magic piece of paper called the "discharge" until you complete a course in debt management.
This is yet another requirement motivated by Congress's assumption that people who file for bankruptcy wouldn't be broke if they weren't so careless with their money. Chances are, you really are broke, so you should see if you qualify for free or reduced rates. The law says you're entitled to it. Chapter 7 of How to File for Chapter 7 Bankruptcy. List of Court-Approved Providers.
Whether you are lucky enough to qualify for free legal aid services that happen to be available where you live. Whether you handle the form preparation and filing yourself or pay someone to help you or do it for you.
How complicated your financial situation is -- for example, whether you're facing imminent foreclosure, whether your debts involve child support or back taxes, and whether you have valuable assets that are not fully protected by an exemption, such as a home. The costs listed here do not include the value of any property you may need to give up in a Chapter 7 bankruptcy, or the amount you would have to pay over three to five years into a Chapter 13 plan. This is only the cost of going through the filing process.
To simplify your search for the bankruptcy resources you need, whatever they might be, this website offers of a wide range of free information, tools, and links to useful bankruptcy products and services. Listings of required forms and links to free downloadable files all federal bankruptcy forms. Links to local rules and information from your court specifically designed for non-lawyers. Free downloadable files all federal bankruptcy forms. Based on Official Form 22A, this calculator will give you a sense of whether you qualify for bankruptcy based on the official formula stated in federal law 11 U.
The calculator applies local expense standards published by the U. When you fill out your bankruptcy forms, you are asked what property you claim as exempt -- and the citation for it. This page gives you those citations and exemptions in summary fashion. Congress changed the bankruptcy laws to make it harder for people to file. I created this website to make it easier.
It's based on false assumptions about why people get into financial trouble and imposes additional rules and paperwork on people already overwhelmed by bad luck and unpayable debt. Despite these new obstacles, bankruptcy law still provides valuable benefits to those who need it. It helps you get on with your life. Indeed, "getting on with your life" is the whole point of bankruptcy -- to put your debts behind you and go forward with a "fresh start.
It lists relevant and affordable products and services that can help you file for bankruptcy with a minimum of expense and hassle. Information is not advice. Although this website will give you a lot of information about bankruptcy law and procedure, it does not -- and cannot -- tell you, specifically, how this information applies to your exact situation. Nor can it advise you which course of action is right for you. Likewise, the listings of bankruptcy products and services are not endorsements.
They are intended to expose you to the full range of tools and services that can help you file for bankruptcy. Think of these listings as a phone book, not a referral. It is up to you to evaluate the quality of those products or services and make your own purchasing decisions. If there are third-party reviews of products or services, I attempt to quote or link to them. Remember to bookmark this website if you have found it helpful so far. You won't find a more comprehensive collection of bankruptcy resources and information anywhere on the Web.
Make it your starting point for your bankruptcy research. And tell your friends. In Paperback and eBook Adobe Reader pages. Albin Renauer, the operator of LegalConsumer. The book works perfectly with the local resources, LegalConsumer. Meanwhile, this website gives you access to the latest local court information and county standards for the means test calculations that need to file a sucessful bankruptcy petition. But first, use the book to find out whether or not Chapter 7 is the best way to deal with your debts.
You don't want to go to all the trouble of filing bankruptcy only to find out that the it won't help solve your particular problem or kind of debt. If you do decide Chapter 7 bankruptcy is the right option, you'll learn how you can use it to:. Are you behind on your mortgage, taxes or other bills?
Chapter 7 Bankruptcy
Are creditors threatening foreclosure or repossession? Use this plain-English guide to decide whether or not it's right for you. Nolo's Chapter 13 Bankruptcy breaks down the Chapter 13 process and provides clear explanations of the law. This newest edition includes information on hiring and working with a lawyer, recent court rulings that interpret the federal bankruptcy laws. You'll also find the latest bankruptcy exemption laws in your state, which determine which assets you can keep, and recent IRS standard expense amounts, which affect Chapter 13 plan payments.
Is bankruptcy the right solution for your overwhelming debts? Pick the best strategies for your situation with the information and practical suggestions in The New Bankruptcy. Feeling overwhelmed by debts? If you're ready to regain your financial freedom and get smarter about managing your money, you'll find everything you need in this complete guide. Solve Your Money Troubles shows you how to:. To make the process easier, the 14th edition of Solve Your Money Troubles includes sample letters to creditors that reflect changing financial times, as well as worksheets and charts to calculate your debts and expenses and help you create a repayment plan.
You'll also get fully updated state laws and information on dealing with foreclosure. If yours is one of them, it can have serious consequences: Credit Repair shows you how to find mistakes or outdated items in your credit report and get them fixed -- and limit the damage caused by blemishes in your credit history. In sharp contrast to "fix bad credit" scams, Credit Repair shows how you can effectively rebuild your credit record, step by step. To avoid future problems,use this bestselling book to create a budget and avoid overspending.
Learn what to do. Get help if you need it. Get on with your life. Talk to a Lawyer. Toggle navigation AZ Bankruptcy Law. Gather paperwork about your finances. If prior to the filing of your bankruptcy you are injured and become entitled to a settlement or payout due to your injuries, those funds can be seized by your bankruptcy trustee if they are received after your bankruptcy case is filed.
It is important to let your bankruptcy lawyer know if you have been in an accident or expect some type of settlement or payout so that your lawyer can properly advise you as to when your bankruptcy case should be filed. Often it is better to wait until the personal injury claim has been settled and paid before jumping into a bankruptcy case. If you file a chapter 7 bankruptcy you will likely lose part or all of your tax refund.
Chapter 13 - Bankruptcy Basics | United States Courts
If you file a chapter 13 bankruptcy there is a good chance you will lose your tax refunds for the years your case is pending usually 5 years. Here are a few guidelines on what you can expect if you file your bankruptcy during the following months:. The typical chapter 13 case last 3 to 5 years in length. During that time period the bankruptcy trustee is going to give you two options when it comes to tax refunds. First, you can adjust your with holdings on your paycheck so that you keep more of your pay and thus reduce your chances of getting a large tax refund click HERE to find out how to find out what your tax with holdings should be.
An alternative is to keep your withholdings where they are and then if you get a tax refund each year you can turn it over to the chapter 13 trustee for distribution to your creditors. This last one is a sneaky way some bankruptcy trustees try and come after additional money for your creditors.
The most common scenario I run into with this one is with real estate agents. The best way to work around this is if you have a large commission check coming or paycheck, then it may be best to wait until the commission is paid and spent prior to filing for bankruptcy.
Background
The point of this article is to help you avoid some of the grief that can come along with a consumer bankruptcy case. Many if not all of these pitfalls can be avoided with a little planning and the help of a good bankruptcy lawyer. The problems often hit the unweary the hardest resulting in a really painful bankruptcy experience. If you are in need of help filing for bankruptcy give us a call. I offer a free consultation and am happy to walk you through the bankruptcy process and go over your options — John Skiba, Arizona Consumer Law Group, We offer a free consultation to discuss your debt problem and help you put together a game plan to eliminate your debt once and for all.
13 Pitfalls of Bankruptcy in Arizona
Give us a call at I was reading your article and I am currently in the process of bankruptcy, Chapter 13 and I have had many pitfalls during my process. One of them is money in the bank, which my lawyer did not discuss during our first consultation. I am in disbelief. I am currently making a payment to my trustee but due to my lawyer miscommunication and the automatic payment system. My case may be dismissed because I was suppose to pay since August and only paid for this month.
Can I pay double payments to catch up? Or do I attend the scheduled court appearance and then tell the judge that I was misinformed and possibly pay at court? I feel invalidated and not recognized by my lawyer. Chapter 13 cases can be very frustrating as there are a lot of moving parts.
My article goes over 13 pitfalls but truthfully there are probably 50! As you have an attorney I would recommend you put together a list of your questions and ask for an appointment to discuss each on in detail. The trustee has filed a hearing with the judge because he says my commissions are NOT exempt. Now, I have to go through defending myself filed pro per. The trustee kept all of the money, as no creditors came forward to claim.
- Chapter 13 - Bankruptcy Basics.
- Personal bankruptcy: Chapters 7 and 13 (video) | Khan Academy;
- How to File for Bankruptcy in Phoenix, Arizona :: leondumoulin.nl?
- 13 Pitfalls of Bankruptcy in Arizona | Consumer Warrior Project?
- What Are the Differences Between Chapter 7 and Chapter 13 Bankruptcy? | leondumoulin.nl!
Just sharing this as part of a system that seems out-dated and somewhat broken…. Do you know what happens to your return if you file married jointly and only one spouse is in chapter 13 bankruptcy?
My wife has very little debt in her name. Can I file BK in my name only without impacting my wife? You can file in your name alone. Whether this will impact your wife or not depends a lot on what type of debt you have and whether or not you live in a community property state like Arizona.
These are questions that you need to consult with an attorney about. Your email address will not be published. We can still help. Here are a few guidelines on what you can expect if you file your bankruptcy during the following months: If you file bankruptcy during the first part of the year it is best if you file your tax return first, obtain your refund, and then use it prior to filing your bankruptcy case.
Talk with your lawyer about appropriate things you can spend it on. If you file for bankruptcy, and then receive your tax refund you will be required to turn over the entire refund for distribution to your creditors. If you file your bankruptcy after April and anytime up through December you will be required to turn over a portion of the tax refund you receive the following year.
The amount you pay will be based upon the month of the year you file in.