There are quite a few legal notices that someone struggling with debt can receive that indicate that their financial situation is about to get even worse. Learning that a creditor has filed a lawsuit, is about to garnish the debtor’s wages, or foreclose on the debtor’s home are all situations that can be alleviated by declaring bankruptcy. While bankruptcy provides immediate debt relief that can be powerful, a debtor should also keep in mind how their life will change after filing for bankruptcy and obtaining a debt discharge. There are some restrictions that a debtor can face after discharge that might interfere with their long-term financial goals. But they might not be relevant to your situation, or delaying plans could be preferable to the collection action you face. Read on to learn about some of the top concerns our clients have about life after bankruptcy. To schedule your free phone consultation with an experienced member of our Gilbert bankruptcy staff, call 480-448-9800.

Can I Buy a House or a Car?

Exemptions can be applied to protect your assets during a bankruptcy filing in Gilbert. But you might not own certain assets like a house or car when you file for bankruptcy, or you may need to purchase a new one after discharge. This begs the question of whether you will be prevented from purchasing a large asset with financing after bankruptcy, and for how long.

A debtor might not even be able to wait until their case is discharged to purchase a new vehicle. Thankfully, this is possible in both chapter 7 and chapter 13 bankruptcy. Chapter 7 bankruptcy cases generally last a few months, so a debtor who has time can wait until discharge to finance a vehicle. This will also help contribute to their post-bankruptcy credit score. Some dealerships will allow a debtor who has filed chapter 7 bankruptcy but not yet reached discharge purchase a vehicle, because they can begin accruing debt again once the petition has been filed. In chapter 13 bankruptcy, the debtor pays off debts in a payment plan lasting 3 or 5 years, which is a long amount of time in which a vehicle could break down, be totaled in an accident, etc. A chapter 13 bankruptcy debtor can request permission from the court to purchase a new vehicle during their payment plan. However, they must be able to afford to pay off bankruptcy fees, secured debts, and priority debts after factoring in their new car payment.

A debtor will face stricter limitations around buying a house after having their debts discharged. There are set waiting periods in place based on the type of bankruptcy filed and home loan being sought. VA and FHA home loans have the shortest waiting periods- 1 year after filing chapter 13 bankruptcy, and 2 years after chapter 7 bankruptcy discharge. The waiting periods are generally shorter after chapter 13 bankruptcy because the debtor has demonstrated financial responsibility by paying off most or all of their debts. The debtor may be able to purchase a home during their payment plan if it won’t interfere with them paying off the rest of their mandatory debts. This will typically only be an option if the debtor has made all of their plan payments on time. USDA loans, typically reserved for farmers and homebuyers in rural areas, have a waiting period of 3 years from chapter 7 bankruptcy discharge, and 1 year of on-time chapter 13 plan payments. Conventional home loans have the longest waiting periods. For chapter 13 debtors, it is 2 to 4 years from discharge, not from filing. Because chapter 13 bankruptcy cases last 3 or 5 years, this could be a total of 5 to 9 years to wait to buy a home after filing a bankruptcy petition. Chapter 7 debtors must wait 4 years after discharge to qualify for a conventional home loan, but these cases conclude in a matter of months rather than years.

What Will Happen to My Credit Score?

Bankruptcy can either be a hiccup in your credit journey, or a footing to build credit to higher levels than ever could’ve been reached before discharging debts. Usually, what happens to your credit score right after filing depends on the status of your pre-bankruptcy accounts. If they are in default, clearing them may cancel the negative effect on your score from filing. If you are current on all of your accounts, filing for bankruptcy will probably cause your credit score to drop.

Whether your score falls, rises, or stays the same after filing a bankruptcy petition, there are things you can do after discharge to secure a better credit history. Using a secured credit card, or a prepaid credit card through your bank, can help you establish credit without the risks of accruing unsecured debt. You may have a trusted friend or family member who can add you as an authorized user on their credit card, which can help boost your credit. Enrolling in credit reporting whenever possible- and staying current on those payments- can help build credit after discharge. Staying on top of all post-bankruptcy payments and regularly monitoring credit can help a debtor reach their credit goals.

Will Everyone Know that I Filed for Bankruptcy?

Declaring bankruptcy would be even more difficult if it actually meant telling it to everyone you know. Thankfully, that’s not how the process of bankruptcy discharge works. There are certain people who must be notified when a debtor files a bankruptcy petition, and be apprised of all case updates, but this list is limited. This list has a name- the creditor mailing matrix. Most often, the recipients on this list will be corporations that wouldn’t recognize your name. But there are some instances where someone you know will be on the creditor mailing matrix. If you owe personal loans to any of your loved ones, they must be listed on the creditor mailing matrix, and thus notified of your bankruptcy filing. You might personally know your landlord, who will be on the creditor mailing matrix unless you specifically exclude them, continuing your lease. But most people won’t know that you filed for bankruptcy unless you tell them or they specifically go searching for it on the internet.

File for Bankruptcy with Gilbert’s Trusted Choice for Affordable Debt Relief Lawyers
Whether your debt relief needs would be met better by chapter 7 or chapter 13 bankruptcy, our team provides competent and comprehensive representation for families in Gilbert and the surrounding areas. You can file your case with confidence knowing a professional prepared your petition and can address any unexpected issues that may come up throughout the process. Our team can also get ready for what comes after bankruptcy discharge. It all starts when you take the first step with a free consultation by phone. Ask your bankruptcy questions, including the strategies you can use to get the most out of life after debt. You may also be eligible to file using our Zero Down payment plan option. To see for yourself, call 480-448-9800 for your free phone consultation with Gilbert Bankruptcy Lawyers today.

The economy has been difficult and unpredictable for years following the pandemic. Last year also saw a change in presidential administrations, bringing changes that have rocked a variety of industries across the United States. If it wasn’t already hard enough to pay the bills in the United States, tariffs, international protests, and other factors made it exceedingly difficult to keep up in 2025. These types of conditions typically lead to more households declaring bankruptcy to discharge debts. Was that true in 2025, and if so, how much did bankruptcy rates increase? Read on to learn more about this subject, which may get you thinking more about declaring bankruptcy. For your free consultation with an experienced Gilbert bankruptcy lawyer, call 480-448-9800.

The United States Bankruptcy Rate In 2025

When looking at national bankruptcy rates, it’s important to discern between personal bankruptcy filings and corporate bankruptcy filings. An increase in one is often tied with an increase in the other, but their rates of change can be far different. Chapter 7 bankruptcy is filed most often for personal bankruptcy cases, but can be used by a business owner who is willing to shut their business down. Chapter 13 bankruptcy is purely a consumer form of bankruptcy, which organizes debts into a payment plan. Chapter 11 bankruptcy can be used by individuals, but it is more often used by businesses that do not wish to shut down but still need to address overwhelming debt. The majority of cases filed are chapter 7 cases, followed by chapter 13 cases, and then chapter 11 cases.

In 2025, across the United States, there were a total of 565,759 bankruptcy cases filed. This was an increase of 11% compared to 508,953 cases filed in 2024. While this is undoubtedly cause for concern, it hasn’t caused economists to sound the alarm. There were 757,816 bankruptcy cases filed nationwide in 2019, or about 34% higher than bankruptcy filings in 2025. Breaking it down more specifically, chapter 7 filings increased by 15% from 288,908 in 2024 to 332,706 in 2025. Chapter 13 filings increased by 6% to 200,055. Chapter 11 filings were up 1% from 7,893 in 2024 to 7,940 in 2025, but small business chapter 11 bankruptcy filings increased by 11% from 2,202 in 2024 to 2,446 in 2025.

How Arizona’s Bankruptcy Rate Changed In 2025

Arizona was not exempt from the economic pressures that are causing the bankruptcy rate to rise across the country. Housing prices are on the rise, and Arizona’s housing market has been highly competitive to enter in recent years. Interest rates have stayed high, leading to it being more difficult for homeowners to sell without incurring a loss. This can present a problem for aging homeowners looking to downsize. This population is also vulnerable to inflation and other factors increasing the cost of living if they live on fixed incomes.

Arizona’s bankruptcy rate increased among all three of the main chapters of bankruptcy, or chapter 7, chapter 13, and chapter 11, in 2025. There were 12,889 total cases filed in 2025, compared to 11,340 in 2024. That’s an increase of almost 14 percent. It also accounts for about 2% of the bankruptcy cases filed nationwide in 2025. Chapter 7 filings made up a lion’s share of Arizona’s 2025 filings, as they do every year. There were 10,620 chapter 7 cases in Arizona in 2025, up 15.2% from 9,221 chapter 7 bankruptcy filings in 2024. The second most common type of filing in Arizona in 2025 was chapter 13 bankruptcy. These filings increased by 7% from 1,977 to 2,115- a much smaller jump than last year’s 18.7% growth. There were only 152 chapter 11 bankruptcy cases filed in Arizona in 2025. This was a 28.2% increase from 132 cases in 2024. Yuma District saw the steepest increase in the bankruptcy rate at 16.3%, and Prescott District saw the lowest increase at 11.8 percent.

Predictions For 2026

In some years, bankruptcy filings remain stagnant or even decrease. With the trends currently occurring, experts don’t predict that 2026 will be one of those years. Essentials like groceries and utilities only continue to increase in price thanks to inflation, which hasn’t slowed enough to fall in line with the weak labor market. This makes it more likely for a household to live in the paycheck-to-paycheck zone, meaning any small emergency could drain savings or even lead to the accrual of debt. These can end up becoming domino effect situations, when paying interest and facing collection on one debt leads to another debt issue arising.

There are other changes coming in 2026 that could cause a bump in the bankruptcy rate. Student loan payments are resuming, which could throw off many household budgets. Many households will also be affected by sharply rising premiums for their health insurance coverage. New jobs are being created at rates slower than projected, leading to few opportunities to address these mounting challenges through higher income. When combined, these factors lead to bleak predictions for the bankruptcy rate and the economy as a whole in 2026.

Different Chapters For Different Circumstances

As discussed here, most bankruptcy filings fall under chapter 7, chapter 13, or chapter 11. However, only the first two of those three are commonly used by consumers seeking to discharge debts. Chapter 7, the most common, liquidates unsecured debts like credit cards and medical bills, but leaves behind secured and priority debts. It only lasts several months, at which point the debtor moves forward with a clean slate. However, the debtor must meet income restrictions and protect their assets with bankruptcy exemptions for chapter 7 to be the most effective.

The other most common form of consumer bankruptcy is chapter 13. Chapter 13 bankruptcy requires that the debtor have enough disposable income to pay off secured and priority debts in a period lasting 3 or 5 years. This type of bankruptcy is highly useful if the debtor’s income is too high to qualify for chapter 7, or the debtor needs to stop collection on a secured asset, such as a home foreclosure. Chapter 11 restructures debts with input from a committee of the debtor’s top creditors. However, there are small business provisions that remove the need for a creditor committee. Still unsure about which is best for you? Schedule your free consultation today at 480-448-9800 for more information.

Want to Learn How Bankruptcy Would Apply in Your Situation? Schedule Your Free Consultation Today

For some, there are methods of debt relief besides bankruptcy that can be utilized based on that person’s unique goals. But for someone who is feeling overwhelmed by debt and meets the income qualifications, bankruptcy provides tremendous benefits that will help them regain control of their financial issues. You may be eligible to clear debts through chapter 7 bankruptcy, chapter 13 bankruptcy, or both. But you should not proceed with either unless you are entirely sure you qualify and that your assets will be protected. Our Gilbert Bankruptcy Lawyers can assess your situation to determine if bankruptcy is a fit. You may even qualify to file now and pay later with our Zero Down payment plan option. Learn more today by calling 480-448-9800 for your free consultation with Gilbert Bankruptcy Lawyers.

For many women of a certain age, walking past a Claire’s store in a mall brings back memories of getting their ears pierced for the first time. Claire’s also sells jewelry, accessories, and other merchandise geared towards young girls. There are 1,260 standalone Claire’s locations across North America, as well as 210 store-within-a-store locations at Walmart, and 850 overseas locations. Claire’s also owns Icing, which is a similar mall store that sells jewelry and accessories. Despite spreading so far and wide, Claire’s filed a chapter 11 bankruptcy petition on August 6, 2025. Its Canadian affiliates plan to file for similar proceedings in Canada soon. There are currently 700 Claire’s locations that will likely be closed through the bankruptcy filing, but all of its locations could close by the end of October 2025 if Claire’s doesn’t achieve its bankruptcy goals.

This bankruptcy filing may not come as a surprise to anyone who was paying attention to the struggling jewelry brand. Advisors for the company reached out to more than 150 prospective buyers starting in June 2025. The company’s CFO reported that there are multiple potential buyers, and Claire’s expects a stalking horse bid in the bankruptcy auction. The company listed between $1 billion and $10 billion in assets, but the same range for liabilities in its bankruptcy petition. Many brick-and-mortar stores and mall brands were already struggling before the pandemic, with several filing for bankruptcy due to quarantines closing down stores. More recently, mall giants like Forever 21 and Express have filed for chapter 11 bankruptcy as post-pandemic market pressures drive customers elsewhere. Now, reciprocal tariffs have raised the costs for Claire’s, which relies heavily on foreign companies for its products. Claire’s has already tried raising its prices in 2021 and 2022, and saw its customer base and in-store sales decline. This only drives more customers to more affordable competitors like Shein and Temu.

It should be noted that this isn’t the first time that Claire’s has filed for bankruptcy. Claire’s first chapter 11 bankruptcy filing came in March 2018. A creditor group gained ownership of Claire’s in this bankruptcy case, with two of those creditors, Elliott Management Corp. and Monarch Alternative Capital, still retaining ownership shares of the company. Now these creditors are seeking to offload this investment in yet another bankruptcy sale.

Claire’s Locations In Nevada

Claire’s currently has 12 locations across Nevada. So far, Claire’s has released 18 store locations that will close due to this bankruptcy filing, but none of them are in Nevada. However, this is no guarantee that none of Nevada’s 12 locations will be among the 700 Claire’s plans to close. Bankruptcy gives companies a chance to close underperforming stores because they can cancel contracts, such as leases, that would otherwise force them to keep open unprofitable locations. The Claire’s locations in Nevada are as follows:

• Meadowood Mall: 5410 Meadowood Mall Cir, Reno NV 89502
• Galleria At Sunset: 1300 West Sunset Road, Henderson NV 89014
• Meadows Mall: 4300 Meadows Lane, Las Vegas NV 89017
• Silverado Ranch Plaza: 9731 Eastern Avenue #A9, Las Vegas NV 89183
• Centennial Center: 7991 W. Tropical Parkway, Las Vegas NV 89149
• Las Vegas Premium Outlets: 7400 Las Vegas Blvd South Spc 48, Las Vegas NV 89123
• Downtown Summerlin: 1980 Festival Plaza Dr, Las Vegas NV 89135
• Las Vegas North Premium Outlets: 875 S. Grand Central Pkwy #1507, Las Vegas NV 89106
• Claire’s Walmart Las Vegas: 5198 Boulder Hwy Spc 110, Las Vegas NV 89122
• Fashion Show: 3200 Las Vegas Boulevard #2805, Las Vegas NV 89109
• Claire’s Walmart Las Vegas: 1807 W Craig Rd, Las Vegas NV 89032
• The Outlets At Legends: 1350 Scheels Dr D-108, Sparks NV 89434

Other Companies That Have Filed For Bankruptcy Twice

While there has been more than a decade between filings, it isn’t a good sign for Claire’s that this is the company’s second bankruptcy. It historically is a bad omen when a major company declares bankruptcy more than once. Below are some of the other brands that have filed for bankruptcy multiple times, with varying results.

• Forever 21: This clothing store is probably a stop for many of the customers who shop and get their ears pierced at Claire’s. Its first chapter 11 bankruptcy filing came in 2019, before the pandemic wreaked havoc on so many industries. It closed 200 stores through that bankruptcy filing but still had several hundred remaining before it filed for bankruptcy again in March 2025. The second filing was the death blow, however, and Forever 21 officially went out of business.
• Joann: This beloved fabric and crafts store filed its first chapter 11 bankruptcy petition in March 2024. It anticipated that it would cut its debt load by about half and secure $132 million in new financing. However, Joann filed for bankruptcy again in January 2025 in an attempt to facilitate a sale of the business. It has since closed its more than 800 locations and is officially closed for good.
• Rite Aid: This pharmacy chain first filed for chapter 11 bankruptcy in October 2023 and emerged in September 2024. It reduced its 2,000 store presence to about 1,240 locations through this bankruptcy, but filed for bankruptcy again in May 2025. It has closed several locations since, although is not entirely out of business.
• Rubio’s Coastal Grill: Rubio’s was one of several restaurant chains to declare bankruptcy during the COVID-19 pandemic. It emerged from its first chapter 11 bankruptcy filing in December 2020. Rubio’s filed for bankruptcy again in June 2024, blaming a new California law increasing the minimum wage for employees of large fast food chains. Demand for fast casual restaurant chains has also fallen since the pandemic. It closed several locations through its bankruptcy filing, but is still in business.

Multiple Bankruptcy Filings For Consumers

Just like businesses, individuals and households can declare bankruptcy more than once. However, a debtor must wait a certain number of years between filings for their debts to be successfully discharged.

If your first bankruptcy is a chapter 7:

• You must wait 4 years to file chapter 13
• You must wait 8 years to file chapter 7 again

If your first bankruptcy is a chapter 13:

• You must wait 6 years to file chapter 7
• You must wait 2 years to file chapter 13 again

Looking To Rid Yourself Of Burdensome Debt? Start Your Search For High-Quality Bankruptcy Representation In Las Vegas Here.

It seems like every day, another business that is a household name declares bankruptcy. Claire’s is just the latest in this trend, and surely won’t be the last. Reading about so many bankruptcy filings may have you wondering if you could also benefit from bankruptcy protection. You should first make sure you qualify by reviewing your situation with an experienced bankruptcy professional. They can identify any special issues that could arise throughout your chapter 7 bankruptcy or chapter 13 bankruptcy case in Las Vegas. This will ensure that your bankruptcy case goes smoothly, all of your debts are discharged, and all of your assets are protected. Want to get all of your questions about your potential case answered by a dedicated Gilbert bankruptcy lawyer? Schedule your free consultation today by calling 480-448-9800.

When it comes to fast and affordable pizza for delivery and takeout, there are two major contenders for the top spot: Domino’s and Pizza Hut. And with Pizza Hut’s reputation for low-quality pies, Domino’s appeared to have cemented its place as America’s favorite go-to for pizza. But even a recognizable brand name and thousands of locations can’t stop a company from struggling due to unprecedented economic circumstances. The COVID-19 pandemic was just the start of issues that have only gotten worse with time. Restaurants were forced to temporarily close due to quarantine restrictions, and many were never able to reopen. Those who had been laid off or furloughed from their jobs spent less on takeout food, all the while inflation caused the cost of goods and services to rise sharply. This makes it harder for businesses like restaurants to retain staff, especially in areas with a high cost of living where someone who works as a pizza delivery driver cannot theoretically afford to live. These are the type of factors that led to the largest Domino’s franchise group, Domino’s Pizza Enterprises, filing for Chapter 11 bankruptcy.

Not only has Domino’s Pizza Enterprises filed for bankruptcy, but it has also announced plans to close 205 store locations by June 2025. As one of the most affordable options not just for fast food but food in general, this bankruptcy filing may come as a surprise to many. But to those who have been staying on top of business news, this comes as just another filing in a long chain of post-pandemic bankruptcy cases. Considering your own personal bankruptcy filing due to the tense state of the economy? Our Arizona bankruptcy team can help you devise the best personalized plan to address your debts. We offer free initial consultations and Zero Down payment plan options for eligible clients. Schedule your free consultation with My AZ Lawyers today by calling 480-448-9800.

Domino’s Pizza Enterprises’ Bankruptcy Plan

While some businesses use bankruptcy to shut down operations in an orderly fashion, this is not the case with Domino’s Pizza Enterprises. Chapter 11 bankruptcy can be used to refocus a company’s priorities and allow it to maximize profitability. Like many other restaurants, locations of Domino’s Pizza Enterprises were affected by the COVID-19 pandemic- despite experiencing a temporary boost- and never fully recovered. This franchisee has significant locations in Japan, which is a growing market in the pizza industry. Focusing on an area where the market is less dense and competitive could help this Domino’s franchisee return to profitability.

The path for a debtor to complete chapter 11 bankruptcy is less clear than in chapter 7 or chapter 13 bankruptcy. The debtor can emerge when they have finalized a plan to restructure debts with a panel of its primary creditors, offering a form of debt relief. This could be by opening or closing store locations. Another common plan is to convert debt into equity or find another form of new financing. Small businesses can use certain types of chapter 11 bankruptcy filings to avoid the creditor committee process. Because a business can file for chapter 11 bankruptcy and continue operating, some businesses end up declaring chapter 11 bankruptcy more than once.

Other Fast-Casual Bankruptcy Filings

Fast-casual dining lovers are probably aware of the issues going on in the restaurant world, as several chains have filed for bankruptcy protection in recent months. Some of these chains seemed poised for a comeback, while others seem to be making the best of a dying business. Some of the major names in the fast-casual restaurant industry that you may have heard of that have filed for bankruptcy include:

• Red Lobster: If you’ve heard about any bankruptcy filings in the past year, this is probably one of them. This May 2024 bankruptcy filing has largely been blamed on an all-you-can-eat shrimp deal that didn’t result in profits like the company intended. But Red Lobster’s troubles had been brewing long before they offered limitless shrimp, as the chain falls in the zone of restaurants that are most affected by this economy. Diners either want a good deal, or a unique gastronomical experience- not a chain restaurant with basic menu options that can be found literally anywhere in the world. Legendary hype man and reality show lothario Flavor Flav attempted to save the company through his own promotion, but the filing was inevitable. Red Lobster emerged from bankruptcy in September 2024 after being acquired by RL Investor Holdings LLC.
• Rubio’s Coastal Grill: This fast-casual Mexican chain filed for bankruptcy in June 2024, citing a law increasing California’s minimum wage for employees of large restaurant chains as the cause. This was Rubio’s second bankruptcy, as it filed a pandemic chapter 11 bankruptcy in 2020. It emerged from its second bankruptcy in August 2024 after being purchased by its lender, The Original Fish Taco LLC, in an uncontested bid for $40 million.
• Hooters: This controversial restaurant chain specializes in chicken wings but is better known for its waitstaff. This reputation may have helped lead to Hooters’ financial struggles, with $376 million in debt at the time of its chapter 11 bankruptcy filing. Top executives blamed traditions like bikini nights, which kept away male customers afraid of getting in trouble with their romantic partners. Instead of shutting down the company, this bankruptcy filing is meant to transfer control back into the hands of experienced Hooters franchisees rather than private equity firms.
• On The Border: On The Border Mexican Grill’s bankruptcy filing unfortunately meant the closure of more than 70 locations and the loss of all those respective jobs. It utilized bankruptcy to allow itself to reject leases for unprofitable restaurant locations. It cited troubles specifically facing the fast-casual industry as the cause, as inflation leaves less money in people’s budgets for this type of dining.
• Tijuana Flats: This Mexican chain filed for chapter 11 bankruptcy in 2024 and had emerged from bankruptcy by January 2025. The bankruptcy filing allowed Tijuana Flats to reduce its debt load, improve profitability, and operate its remaining 100 locations. One of its major strategies moving forward is to focus on street tacos and other street fare, largely following suit from prior successes from larger brands like Taco Bell.

Bankruptcy For The Average Arizona

When hundreds of Domino’s pizza restaurants close due to bankruptcy, what hope is there for the rest of us? The answer itself may be bankruptcy. When creditors are closing in, filing for bankruptcy protects the debtor with the automatic stay. Chapter 7 bankruptcy can clear thousands of dollars in unsecured debts like credit cards and medical bills. Chapter 13 bankruptcy allows debtors to pay off secured and priority debts in a court-supervised payment plan. Either of these can be extremely beneficial to a person who is struggling to keep up with payments on debt. Unsure of whether bankruptcy can be of assistance to you, and which chapter would be best for you to file? Our dedicated bankruptcy professionals in Gilbert can assess your situation to determine how bankruptcy could be most effective for you. You can learn more about your bankruptcy options in Arizona with no risk or obligation. Schedule your free consultation with My AZ Lawyers today by calling 480-448-9800.

Even if you’ve never stopped and thought about it, it probably seems logical that bankruptcy law requires that a debtor reside in a state for a certain period of time before benefiting from that state’s court system. Most types of legal matters typically have residency requirements, although they can vary from state to state. The residency requirement to file for bankruptcy in Arizona is the greater part of 180 days, or 6 months. This is fairly straightforward- you must live in Arizona for 6 months (spending the majority of your time here) before filing for bankruptcy here. But this is just the surface of enjoying the full benefits of what bankruptcy has to offer as a new Arizona resident.

Chapter 7 bankruptcy is the most popular type of bankruptcy in Arizona. It wipes out unsecured debts in a matter of just a few months. Clearly, there must be limitations to this, or it would create opportunities for rampant abuse of the bankruptcy system. A chapter 7 bankruptcy debtor can only keep assets that are protected by bankruptcy exemptions. And a bankruptcy debtor must meet an additional residency requirement before they can protect their assets in chapter 7 with Arizona’s bankruptcy exemptions.

Applying bankruptcy exemptions is a secondary step that comes after determining your income eligibility and which chapter is best to file. You will also need to assemble dozens of documents to create your petition, which will be dozens of pages long. You will need to complete online credit counseling and file your course completion certificates with the court. You will need to stay on top of requests from the trustee and attend your 341 Meeting of Creditors, potentially defending why your debts should be discharged. All of these tasks can be overwhelming to complete on your own, especially if this is the first time you’ve been involved in a legal matter. But affording legal counsel when you’re already seeking relief from overwhelming debts can be its own issue. Many bankruptcy attorneys require payment in full before a case can be filed to ensure that they are paid for their services. This can create a Catch-22 situation if you need the protection from the automatic stay to afford your bankruptcy fees. Atlas Bankruptcy Lawyers offers flexible payment arrangements, including Zero Down payment plan options to make filing for bankruptcy more accessible to residents of Phoenix and Tucson. Want to learn more about our services and the benefits of filing for bankruptcy with our firm? Schedule your free consultation today by calling 480-448-9800.

Residency Requirement For Bankruptcy Exemptions

Unfortunately, meeting Arizona’s residency requirement to file for bankruptcy is not the same as meeting Arizona’s residency requirement to use our state’s bankruptcy exemptions. The residency requirement to use Arizona’s exemptions is four times longer than the residency requirement to file for bankruptcy. That is 730 days, or 2 years, before a new Arizona can protect their assets if they file for chapter 7 bankruptcy.

While a debtor can still file for bankruptcy before the 730-day mark, filing for bankruptcy without being able to use exemptions can be extremely detrimental. The trustee can take any assets that aren’t protected by exemptions and sell them at auction. Most of the proceeds go to pay off debts, but the trustee also keeps a portion as payment for their services. This means that the trustee has all the reason in the world to pursue unprotected assets in a bankruptcy case. And if the debtor is ineligible to use exemptions due to recently moving to Arizona, the trustee can probably assume there are some assets to be had.

If you moved to Arizona at least 6 months ago but less than 2 years ago, filing for bankruptcy can be a tricky issue. Your assets will be at risk if you use chapter 7 bankruptcy. If you have very few assets to be put at risk, you can proceed with chapter 7 despite not meeting the exemption residency requirement. If you do have assets you don’t want to lose, you can consider chapter 13 bankruptcy instead.

Chapter 13 Bankruptcy When Exemptions Are Unavailable

When you have important assets to lose, filing chapter 7 without exemptions may simply not be an option. There are a variety of reasons that debtors choose chapter 13 bankruptcy, but one is when a debtor’s assets wouldn’t be protected in a chapter 7 filing. Because debts are repaid in a chapter 13 payment plan, there is less concern with ensuring the debtor doesn’t have valuable assets that could be sold to pay debts. However, unsecured debts can still be cleared in chapter 13, depending on the debtor’s specific circumstances.

Chapter 13 pays off debts in order, starting with bankruptcy costs, then secured debts, then priority debts, and finally, unsecured non-priority debts. These are the debts that would be eligible for discharge if the debtor had filed chapter 7 instead.

Filing Bankruptcy Before You Move To Arizona

If you haven’t yet moved to Arizona and believe you will need to file for bankruptcy before you meet the residency requirements, you may want to consider filing your petition in your home state before relocating here. If your creditors are anxious to pursue collection, you could be confronted with a lawsuit, wage garnishment, repossession, etc. after your move without the means to fight it due to not meeting the residency requirement. Therefore, if you plan to file for chapter 7, it may be beneficial for you to declare bankruptcy before your move, assuming you meet your current’s state residency requirements. Chapter 7 bankruptcy typically takes 3 to 6 months to complete, so you should plan accordingly. Executing a move while your credit is frozen from the bankruptcy and you are under supervision from the trustee will only make things more complicated. Ideally, you will file your case far enough in advance that it is discharged by the time you relocate to a new state. Chapter 13 bankruptcy takes 3 or 5 years to complete and doesn’t carry the same concern about exemption residency requirements. But every situation is unique, and there could be special factors that influence your decision about the state in which you file your bankruptcy petition. Discuss them in detail with an experienced Arizona bankruptcy lawyer by calling 480-448-9800.

Still Unclear About Arizona’s Bankruptcy Exemption Residency Requirement? Schedule Your Free Consultation Today.

Confirming that you meet Arizona’s residency requirements for bankruptcy is truly just the beginning. Every step of the bankruptcy process must be executed correctly, or you can face serious consequences, such as the loss of your most valuable assets. There is plenty of material about bankruptcy on our website to review, but translating that to your situation can be complex and overwhelming without guidance from an experienced legal professional. Let our knowledgeable staff and attorneys do the heavy lifting in your case so you can be confident it is done right. Our top-rated Gilbert bankruptcy attorneys offer flexible payment plans- most of our clients qualify to file their cases for Zero Dollars Down. You can learn more and see if you qualify today with your free phone consultation- call 480-448-9800 to schedule. Don’t hesitate to contact us!

The new year is here, and we can look back at 2024 in its entirety to determine causal factors and make predictions for 2025. The economy has been completely different ever since the COVID-19 pandemic, but because of eviction moratoriums, stimulus checks, and other efforts by the government, it took a few years for bankruptcy rates to reflect that. Now that pandemic protection measures have expired, businesses in a few sectors are displaying higher bankruptcy filing rates than others. Some of these you may already be aware of- several fast-casual restaurant chains made headlines by filing for chapter 11 bankruptcy throughout 2024. Chapter 11 bankruptcy allows a business to file for bankruptcy and restructure its debts without forcing it to shut down operations like filing for chapter 7 bankruptcy might. Read on to learn more about the trends that experts are projecting to occur in 2025. If you are considering a 2025 bankruptcy filing in Phoenix or Tucson, Arizona, you can start the process risk-free with our firm. Check your eligibility and learn about our flexible zero down payment options with your free consultation at 480-448-9800.

Biggest Bankruptcy Headlines From 2024

Several companies that are considered household names ended up filing for bankruptcy in 2024. Businesses large and small were all affected by inflation. Labor, utilities, and other expenses have all increased, which also leads to more customers foregoing discretionary purchases. One key industry damaged by this trend is the fast-casual restaurant industry. Retail, health care, and automotive businesses have also experienced elevated bankruptcy rates. Some of the bankruptcy filings in 2024 from companies you may be familiar with include:

• Red Lobster: This seafood chain’s chapter 11 bankruptcy filing was one of the most notable filings of 2024. It exerted valiant efforts to try to avoid bankruptcy, like an all-you-can-eat shrimp deal and a partnering with legendary hype man Flavor Flav. However, it’s hardly the end of the restaurant, as it will continue to operate 544 locations while employing approximately 30,000 people.
• Redbox: This bankruptcy filing may be less indicative of modern business trends and more of an example of an innovative company being replaced by more convenient innovations. Redbox gained popularity as an alternative to Netflix, letting customers instantly receive selections from a kiosk and return them at their own convenience. But this became a less preferable option when Netflix pivoted to online streaming and was joined by seemingly endless competition. Redbox was unable to keep up and accrued more than $1 billion in debt. It initially filed for chapter 11 but had to convert to chapter 7 bankruptcy after failing to secure additional funding. This resulted in about 1,000 employees being laid off and the closure of approximately 24,000 kiosks.
• TGI Friday’s: After the slew of restaurant bankruptcy filings caused by the COVID-19 pandemic, it may be surprising to learn that it took TGI Friday’s until 2024 to declare bankruptcy. The filing applies to the 39 restaurant locations owned by the parent company rather than franchisee locations. A major TGI Friday’s franchisee subsequently declared bankruptcy in the United Kingdom.
• Buca di Beppo: This Italian eatery joined a long list of restaurants that have filed for bankruptcy since the pandemic. It closed 18 restaurant locations upon filing for bankruptcy, including one in Chandler. This is part of a larger plan to keep 44 other locations up and running.

Healthcare Bankruptcy Filings

While headlines are usually dominated by the astronomical costs of medical care in the United States and the enormous profits enjoyed by insurance companies and other businesses in the medical sector, healthcare bankruptcy filings have been up and are expected to stay that way. Healthcare companies are hit hard by labor and rent increases, and can also experience rapid budget increases when there are changes in federal and state laws. Delays in Medicare and Medicaid disbursement can also cause issues for medical companies. Hospitals, nursing homes, and medical equipment manufacturers all experienced financial difficulties in 2024. Experts in this field specifically predict that healthcare companies with high debt and niche models are the most likely to declare bankruptcy in 2025.

It is far more likely that if you are considering bankruptcy, it is due to owing medical debts rather than being a struggling medical provider. Medical debt is the leading cause of bankruptcy in the United States- but the good news is that it is unsecured and usually dischargeable through bankruptcy. Learn more about your options for taking on medical debt in Arizona with one of our Gilbert experienced bankruptcy professionals at 480-448-9800.

Potential Economic Changes Under A New Presidency

While it seemed that America said “You’re Fired” to Donald Trump in 2020, he’ll be back in the Oval Office before we know it. Trump has promised to make some policy changes, and some expect others to be made due to his membership in the Republican party and Project 2025. Hopefully these changes are made to bring positive growth to the United States, but some could ultimately lead to financial issues in certain sectors. Some changes that we may see made throughout 2025 and the rest of the second Trump presidency include:

• Increased tariffs on countries like Mexico and China: Some Trump voters believed the promise to increase tariffs on imports from China and Mexico would be passed along to those countries, but experts predict that it could increase the cost of groceries by about $4,000 per year for the average American family. This type of increase in expenses won’t just be devastating to consumers, but could decimate restaurants and other businesses affected by these cost hikes.
• Reduced support for electric vehicles: Bankruptcy filings from EV companies like Fisker and Lordstown Motors have been failed bets for investors. This makes financial institutions more hesitant to fund these types of businesses, which are struggling to draw profits after years of backing from the government- although these projects aim not just to increase profits but help with environmental impact. Trump is expected to ease regulations on gas-powered vehicles and reduce tax benefits for EV companies, although this would conflict with his apparent best friend Elon Musk’s interests.
• Burdens on carmakers: Increased tariffs could harm not just the food industry, but auto part suppliers and related companies. These companies have been keeping more inventory due to risks created by shortages after the pandemic. This would be following a trend of electric vehicle makers and auto parts makers filing for bankruptcy in 2024.

Think You Might Benefit From A 2025 Bankruptcy Filing? Learn More With A Free Debt Evaluation

Filing for bankruptcy isn’t a decision that should be taken lightly, but it can come with massive benefits that create a new start for someone struggling with finances. Whether you declare chapter 7 or chapter 13, you will gain immediate protection from the automatic stay, which can stop wage garnishments, repossessions, lawsuits, and more. In tough times, bankruptcy can provide a footing to regain stability and create possibilities once debts have been cleared. Want to learn more about the process of filing for bankruptcy in Arizona and see if you qualify for our Zero Down payment plan program? Gilbert’s lawyers team is here to help. Get started today with your free consultation at 480-448-9800.

This summer I went to Colombia and there were not many options on how to get home, which resulted in me taking my first Spirit Airlines flight. I had long avoided them due to their reputation for mid-flight brawls and not allowing carry-on bags. While the only fights I witnessed were before takeoff, Spirit Airlines easily had the rudest flight attendants I have ever seen. The flight was significantly delayed, the plane was dirty, and for both of my connections, I was in the middle seat next to a talkative weirdo. Admittedly, they were also both seated next to a talkative weirdo- me. Most of the passengers didn’t actually fit inside the confines of their seats but that may have had more to do with flying out of Fort Lauderdale. While I am a die-hard bargain shopper, I vowed to never take a Spirit Airlines flight again. This resolution may be easier to achieve now that news has broken that Spirit Airlines is considering filing for bankruptcy.

Spirit Airlines had plans to merge with Frontier Airlines, another budget airline that I have not flown with but have noticed also doesn’t allow carry-on bags when I look at their flights to visit my sister in Denver. It is probably good this merger fell through, as two major companies merging usually allows them to lower their quality of service rather than improve it. This was after failed negotiations in 2022 to merge with JetBlue, an airline which canceled one of my Colombia flights at the last minute, so I’m not a fan of them either. Left with few other options, Spirit Airlines is expected to declare bankruptcy at some point in November 2024. Spirit made a regulatory filing on 11/12/2024 acknowledging its financial struggles. If it can restructure its obligations, the airline should be able to continue without any effect to employees and customers. This caused its stock to plummet in value by 55% to $1.46 per share. It is unlikely that Spirit will be able to make approximately $1 billion in payments on debts that become due next year. For some companies, creditors can be left at an impasse if there is no way to produce funds and alleviate debt. But airlines have plenty of airplanes as assets which are worth several million dollars each, and can be seized and sold to pay past-due debts.

How does one of the most well-known budget airlines end up on the brink of bankruptcy? Like almost every industry, the costs of labor have been increasing dramatically for airlines. Spirit Airlines has faced increased competition by airlines that aren’t typically known for their budget prices offering bare-bones tickets at more competitive price points. The amount of customers flying Spirit is slightly up from last year- 2%- but they spend 10% less when flying. Inflation has been hitting everyone, not just major corporations, leaving the average American with far less disposable income to spend on air travel. Overall, per fare, Spirit Airlines’ revenue per mile went down by 20% as compared to last year. Since the pandemic, Spirit Airlines has operated at a loss of approximately $2.5 billion. The government usually bails airlines out of their dilemmas, but there is no indication that Uncle Sam will be stepping in to save the budget airline this time. A voluntary bankruptcy filing may be the only way for Spirit Airlines to re-establish itself as the worst airline that is still in operation. In the meantime, Spirit will likely follow its plan set forth in October of this year to reduce costs by reducing its workforce in early 2025. This will unfortunately result in job loss, and could make Spirit an even more stressful airline to fly with if they are also deal with staffing issues.

If you’re dealing with skyrocketing inflation, job loss, and other financial issues, you probably don’t have a large budget for air travel. When this happens to too many people, the end result is financial losses for airline companies. Bankruptcy can often provide an option to address debts and preserve assets and jobs. If you want to evaluate your case with a skilled bankruptcy professional in Arizona, call 480-448-9800. for your free consultation by phone.

The First Steps Of Declaring Bankruptcy

Most bankruptcy filings are conducted after a great deal of legal research and preparation. Some are filed at the last minute to protect a valuable asset from imminent creditor collection, known as a skeleton filing. But when a debtor knows their bankruptcy is coming, they can use the time before filing to be as ready as possible. One major way to do this is by making purchases as strategically as you can. For example, there are limits on luxury purchases on credit cards for 90 days before filing and cash advances for 70 days before filing. You should avoid purchases that violate these restrictions, as they could be excluded from your bankruptcy discharge. You can take other steps like making sure you have your two forms of identification available, as they will be necessary to verify your identity at your 341 Meeting of Creditors, and complete your online credit counseling course.

Calculating your income so you can determine your eligibility is another primary step in the bankruptcy process. Every bankruptcy debtor, regardless of the chapter filed, needs to present clear and accurate information about their income and the rest of their financial situation. For chapter 7 bankruptcy, it matters because you either qualify based on income or you don’t. In chapter 13 bankruptcy, your income can affect how long your payment plan lasts and how much you must pay each month.

Another important step in preparing for bankruptcy is compiling information about your creditors. The court needs their addresses so they can be notified to comply with the automatic stay when you file for bankruptcy. Any omissions in your creditor mailing matrix could result in delays and extra costs to amend your petition. If you are considering filing for bankruptcy in Arizona, our team can help you determine your household monthly income to start your case off on the right track. Schedule your free consultation with an experienced bankruptcy lawyer from My AZ Lawyers today- call 480-448-9800.

Chapter 7 & Chapter 13 Lawyers Providing Bankruptcy Representation Across Arizona

Spirit Airlines’ bankruptcy filing will more than likely be a chapter 11 bankruptcy case. This is a complex type of bankruptcy that gives a great deal of authority to a panel of the debtor’s creditors. The average individual can discharge their debts more efficiently in either chapter 7 or chapter 13. Don’t wait until creditors have the upper hand to start preparing your bankruptcy filing. You can reap the most of what bankruptcy has to offer when you have time to be strategic with your case. Our Gilbert bankruptcy lawyers can help you determine your bankruptcy eligibility and answer your questions about filing your petition in Arizona. We provide skilled representation with flexible payment plan options starting as low as Zero Dollars Down. See the difference our team can make in your bankruptcy case by scheduling your free initial consultation. Get started today- call 480-448-9800.

Most American households carry at least some debt and might not be prepared for emergency expenses while living paycheck-to-paycheck. Since debt is so common, it can be difficult to discern between what is an ordinary financial situation and when debts have gotten out of control. However, there are some experiences that many debtors have in common before filing for bankruptcy. Read on to learn more about the signs that it’s time to consider filing for bankruptcy to clear debts and protect yourself from creditors. To discuss your situation in detail with an experienced Arizona bankruptcy professional, call 480-448-9800.

1. You Can’t Answer Unknown Numbers Due To Creditor Calls.

You can expect almost every creditor to relentlessly pursue you over the phone before resorting to more drastic measures. If you owe debts to more than one creditor, you probably decline several calls per day from unknown numbers. When you do answer, the nicer ones may try to sign you up for a payment plan you can’t afford, and ruder ones may be insulting or even make threats against you. This can be distracting and counterproductive towards the goal of settling your unpaid debts. It can also cause you to miss calls that are important because you are avoiding calls from creditors. The good news is that you can enjoy a barrier from the creditor calls sooner than when your bankruptcy petition is filed. Creditors must stop contacting you upon learning that you have hired a bankruptcy lawyer and begin directing all communication towards your attorney instead. This will allow you to focus on an accurate and effective bankruptcy filing so that you can never hear from your creditors again after your case is discharged.

2. You Have Received A Summons For One Or More Of Your Debts.

If you ignore enough creditor calls without resolving the debt, they may eventually pursue you for repayment through a lawsuit. You will know this process has started when you receive a summons. This is an official notification that you are being sued and have an upcoming court date. You should put forth your best efforts to resolve your debts before that hearing occurs, but bankruptcy can still clear a non-fraud lawsuit judgment a fter the case is complete. Your creditor can use a judgment from a lawsuit to pursue you with more aggressive methods, so you should be prepared for bankruptcy if you don’t have solid defenses to present at your hearing.

3. Your Wages Are Being Garnished

One of the aggressive collection methods that a creditor can use after obtaining a judgment mentioned above is a wage garnishment. In Arizona, most creditors can garnish up to 25% of your wages. Chances are, if you already have a debt that has proceeded to the wage garnishment stage, losing a quarter of each of your paychecks will make your financial situation considerably worse. You can ask the court to reduce your garnishment, but 15% is the lowest the court can issue, and only after a showing of financial hardship. If you file for bankruptcy, the automatic stay will stop your creditors from garnishing your wages, with the exception of child support wage garnishments in chapter 7 bankruptcy. You may find it easier to regain control of your financial situation once a significant portion of your pay is no longer automatically going to your creditors.

4. You Struggle To Make The Minimum Payment On Your Credit Card Debt.

Credit cards can be useful in a pinch, come with incentivizing points programs, and can even help contribute to your credit history. But they come with downsides like annual fees and interest rates that are less than favorable. Paying the full balance each month is the ideal way to avoid these risks, but that isn’t always possible. The other end of the spectrum is making late payments and only paying the minimum balance due each month. When you only pay the minimum balance on your credit card debt, you might not even be paying off the interest you are accruing each month. This will cause your balance to slowly creep upwards until you can no longer afford even the minimum payment.

5. You Experienced A Medical Event Outside Of Your Control.

Medical debt is the leading cause of bankruptcy in the United States. You can’t always prepare for a medical emergency, and your condition could affect your ability to work and earn an income temporarily or permanently. Many people with unmanageable medical debt file for bankruptcy because it is an unsecured non-priority debt, which is the simplest type of debt to clear with a bankruptcy filing. If a debtor primarily needs to shed medical debts and doesn’t have a chronic condition, bankruptcy provides an opportunity to get back on track and avoid falling back into debt. The debtor should be aware that some medical providers may cease providing treatment if their unpaid bills are discharged in bankruptcy.

6. You Are About To Lose An Asset To Repossession.

When one thinks of repossession, often what comes to mind is vehicle repossession. But any type of asset that is collateral to a secured debt can be repossessed by a lender if the borrower falls behind on their payments. A home foreclosure is also considered a type of repossession. Home foreclosures require more notice and compliance with procedures than other types of repossession. If you have a secured asset, you should review the terms of your agreement to determine when your creditor would have the right to proceed with a repossession- it is often after just one missed payment. But you can stop a repossession from happening by filing for bankruptcy and triggering the automatic stay. In some cases, you can also use bankruptcy to save a vehicle that has already been repossessed, but the process is much more straightforward if you file before the repossession.

7. Alternative Debt Repayment Arrangements Will Take Several Years.

Some of your creditors may be willing to work out delayed payment plans, because it’s better to collect some of a debt than none of it. These plans will also rely on you consistently making your payments, which could all be derailed if you experience any type of financial setback. Defaulting on this type of arrangement could lead you to an inevitable bankruptcy after wasting time and funds on a failed payment plan. If your alternative payment arrangements are risky or will take years to pay in full, it may be less burdensome for you to declare bankruptcy. If you qualify for chapter 7 bankruptcy, you can discharge your bankruptcy in a matter of just a few months. It can also help you avoid spending funds on debt negotiations that could be put towards a bankruptcy you will end up filing anyway.

8. Learn More About Your Debt Relief Options With Our Arizona Bankruptcy Team

Bankruptcy isn’t right- or even an option- for everyone. But if you are experiencing any of the signs that it may be time to consider bankruptcy described above, you don’t have to make this choice on your own. Our Arizona bankruptcy team offers free consultations by phone so you can learn more about how bankruptcy laws will apply to your specific situation. You don’t need to wait until creditors have wrung you dry to file for bankruptcy. We also remove cost as a barrier by offering our consultations free of charge, and post-filing Zero Down payment options for eligible clients. Get the facts straight from an experienced bankruptcy lawyer in the Phoenix or Tucson area. Schedule your free consultation today by calling 480-448-9800.

Now more than ever, shoppers understand the importance of a good deal. The cost of living has been increasing at a pace that far exceeds increases in salaries and other income. So when it comes to snacks, furniture, decorations, and other household items, shoppers want low prices, convenience, and a wide range of selection. This is allowing big chains like Amazon and Walmart to close in on customers who may already shop at those retailers for more basic necessities. This has led to smaller chains struggling to keep up. Big Lots is the latest retailer to have its financial struggles play out in the public eye.

The discount home goods store announced in July 2024 that it would be closing between 35 and 40 store locations and opening 3 new store locations. This comes after reducing its total number of store locations from 1,425 in 2023 to 1,392 in 2024. A significant number of the stores set to close are located in Arizona. While these closures come without a bankruptcy filing, this is no guarantee that Big Lots won’t file a bankruptcy petition in the future. Bed Bath and Beyond and 99 Cents Only, which are also known for offering deals for household goods and items, have both filed for bankruptcy and shut down their stores in recent years. If closing store locations isn’t enough to keep Big Lots’ bills paid and shareholders satisfied, it could mean a potential bankruptcy filing under chapter 7 or chapter 11. Individuals considering filing for bankruptcy most often choose between chapter 7 and chapter 13. Want to learn more about them, and how to qualify to file for either in the state of Arizona? Are you looking for high-quality legal representation with affordable payment plan options? Schedule your free consultation with Arizona Zero Down Bankruptcy lawyers by calling 480-448-9800.

The Arizona Big Lots Locations Set To Close

Big Lots currently has 34 locations across Arizona, but is about to close 12 of them for a total of 22 locations. This means the loss of hundreds of jobs throughout the state. Big Lots also plans to close dozens of other locations throughout the country. This can have a ripple effect on the local economy, as people who are out of jobs typically spend less while looking for new employment.

• Flagstaff- 1415 E. Route 66
• Glendale- 17510 N. 75th Ave.
• Laveen- 3630 W. Baseline Road
• Mesa- 6839 E. Main St.
• Mesa- 2840 E. Main St.
• Phoenix- 2020 N. 75th Ave.
• Phoenix- 230 E. Bell Road
• Phoenix- 2330 W. Bethany Home Road
• Phoenix- 4835 E. Ray Road
• Phoenix- 4727 E. Bell Road
• Peoria- 24760 N. Lake Pleasant Parkway
• Scottsdale- 10220 N. 90th St.
• Tucson- 4525 N. Oracle Road

Have you been affected by Big Lots store closures, or job loss from major corporate bankruptcy cases like Red Lobster and Rubio’s Coastal Grill? It can be discouraging to see so many giant corporations file for bankruptcy, especially when it results in unemployment. If you are struggling with debts and have creditors who are about to take action against you, now is the time to act. Want to learn more about the benefits of filing for bankruptcy and how they will apply to your unique situation? Get started with our Zero Down bankruptcy team today, free of charge, with your initial consultation- call 480-448-9800 for scheduling.

Filing For Bankruptcy After Job Loss

Job loss and prolonged unemployment are among the leading causes of bankruptcy filings in the United States. With so many American families living paycheck to paycheck, it’s easy to imagine how quickly a job loss could lead to uncontrollable debt. Credit cards and other lines of credit can come in handy for keeping food on the table during these types of situations, but usually come with exorbitant interest rates that make it nearly impossible to pay off unless the person gets a new, higher-paying job.

If someone loses their job without having new employment immediately lined up, their average income will go down. While this is a bad thing for budgeting and paying bills, it can actually become a positive for bankruptcy eligibility. Much of how a debtor’s case turns out will depend on their average monthly income. Rather than just dividing annual income by 12, average monthly income is calculated using the debtor’s past 6 months of income. The most straightforward way to qualify for chapter 7 bankruptcy is by having an average monthly income that falls below the state median. So if a potential bankruptcy debtor had earnings above the cutoff point, they might only be forced into a chapter 13 bankruptcy rather than chapter 7 while still employed. If that person were to wait a few months after losing their job to file for bankruptcy, their average monthly income may have fallen low enough to qualify for chapter 7. This can be preferable for some bankruptcy debtors, as chapter 7 is faster than chapter 13, and simply clears debts instead of them being paid in a secured plan.

Sometimes it is more beneficial for a bankruptcy debtor to file chapter 13 than chapter 7. Chapter 7 bankruptcy can only clear unsecured non-priority debts, while chapter 13 can help a debtor pay down balances on secured and priority debts. So if a debtor is behind on child support and wants to save their home from foreclosure, chapter 7 bankruptcy won’t be of much assistance, but chapter 13 could be highly effective in resolving the debtor’s financial issues. Chapter 13 bankruptcy is a payment plan that lasts 3 or 5 years, and will require just about all of the debtor’s disposable income during that time. Right after a job loss probably isn’t the best time to file a chapter 13 bankruptcy as the debtor’s financial situation will be unstable until they find a new job. If a debtor can’t afford to make their chapter 13 payments, their case will be dismissed and they will lose the protections of bankruptcy. You should always discuss your financial situation in detail with a bankruptcy attorney before filing either chapter 7 or chapter 13 in Arizona. If you’re looking for an affordable bankruptcy attorney option, with free consultations and post-filing payment plan options starting at Zero Dollars Down, contact our firm at 480-448-9800.

Filing for Bankruptcy in Phoenix with Zero Dollars Down

Arizona residents seeking to clear debts and protect themselves from creditors should consider bankruptcy as a form of debt relief. It can help with a variety of financial issues, like wage garnishment, vehicle repossession, late fees and interest charges, and more. Don’t wait until it is too late to stop creditors using bankruptcy’s automatic stay. Make sure your bankruptcy filing goes off without a hitch by planning in advance, giving yourself more time to gather the required documents and complete bankruptcy requirements. Our experienced Arizona bankruptcy team can guide you through every step of the process. We make filing for bankruptcy work with your budget by offering payment options starting as low as Zero Dollars Down. Learn more about your options by scheduling your free consultation with an experienced Arizona bankruptcy professional- call 480-448-9800. Don’t hesitate to contact us today!

In Phoenix, Mary Drummond and her husband embarked on a nomadic journey in their motorhome, making every state their temporary home. However, a recent ruling by the Arizona State Supreme Court has unsettled the legal standing of their motorhome as a residence, sending shockwaves through not just the Drummonds, who filed for bankruptcy in 2022, but also all RV dwellers facing financial woes in Arizona.

The crux of the matter revolves around the homestead exemption, a legal shield safeguarding individuals from losing their primary residence during bankruptcy. While traditionally extending to conventional homes and mobile homes, the inclusion of a motorhome as a primary asset in the Drummonds’ bankruptcy filing brought the issue to light: does a motorhome qualify as a mobile home under Arizona law?

The Ruling Makes Bankruptcy Trustees Happy

Bankruptcy Trustee’s make money off of any assets that they receive or can find when an individual files for bankruptcy. Thus, this latest challenge to the supreme court came from one of the trustee’s attorneys who was hoping for a ruling such as the Drummond’s case, so the trustees will have an additional place to find assets and line their own pockets.

When filing for bankruptcy in Arizona, you will have to go in front of one of these trustees at a 341 (Meeting of Creditors). It is best if you have an attorney represent you in filing a chapter 7 bankruptcy or chapter 13 bankruptcy filing, as these same Trustees will be looking everywhere to find assets of yours and line their pockets. Do not give them the chance, hire an experienced Phoenix bankruptcy lawyer today.

The Court’s Decision

The Arizona Supreme Court’s verdict drew a clear line, denying motorhome and RV occupants the homestead protection afforded to those in traditional and mobile homes. This decision not only contradicts previous court rulings but also amplifies the vulnerability of those residing in motorized homes, effectively leaving them without the safety net they once relied on.

Justice Timmer’s dissent underscored a broader interpretation of the law, arguing that the presence of a motor should not invalidate the essence of a home. This dissent highlights the disparity created by the majority opinion and emphasizes the need for equitable treatment under the law, irrespective of dwelling type.

Looking ahead, the implications of this ruling extend beyond legal proceedings. With the rising popularity of motorhome and RV living, especially among retirees and those seeking affordability, urgent legislative action is needed to bridge the gap in legal protections. The Arizona Legislature must swiftly amend the law to ensure that all homeowners, regardless of their dwelling choice, are shielded from the threat of losing their homes during times of financial distress.

If you are considering filing bankruptcy, contact our Gilbert Bankruptcy Lawyers for a free consultation. We offer experienced bankruptcy attorneys, a zero down bankruptcy filing option, a bankruptcy by phone option, plus, we have filed thousands of successful bankruptcies filed in Phoenix, Mesa, Gilbert, and surrounding communities. Contact us at Gilbert Bankrupty Lawyers today.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

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It seems like you can’t open a news website these days without reading about at least one major company declaring bankruptcy. Some businesses were hit hard by the pandemic and never fully recovered. Others have struggled to adjust to post-pandemic consumer habits. Many industries are seeing increasing competition from online sources and need to transition away from a brick-and-mortar business strategy. No matter the reason for a company’s financial struggles, bankruptcy is usually able to assist and provide protection from creditors. However, the latest business to shut down for good isn’t doing so through a bankruptcy filing. Read on to learn more about how this fast-food restaurant has avoided filing for bankruptcy despite declining revenue and financial struggles. To schedule your free debt relief consultation with an experienced Phoenix-area bankruptcy lawyer, call 480-448-9800.

The Latest Restaurant Chain to Fall

Bagger Dave’s is a burger chain with locations in Indiana, Michigan, and Ohio. At its peak, the chain had 28 locations. It was also known for serving pizza baked in pizza ovens. But it has failed to thrive and its operator, BT Brands, is planning on taking the stores in a different direction. While some companies might sell or file for bankruptcy, BT Brands plans to repurpose existing locations into a new restaurant concept. They have six stores remaining which are worth a reported $5 million. They range from 4,000 to 6,000 square feet and have liquor licenses. This could provide BT Brands with a blank canvas with which to create a new fast-casual chain restaurant. This also means Bagger Dave’s employees won’t have to seek out new employment and shareholders won’t see losses like those observed when a company declares bankruptcy.

Bagger Dave’s is far from the only restaurant to experience financial difficulties resulting in a bankruptcy filing or even a total shutdown. Bagger Dave’s closure puts it among the likes of:

• California Pizza Kitchen: While this restaurant is still operating, it had to close several franchise locations due to pandemic struggles. It has focused its brand on bake-at-home frozen pizzas.
• Ruby Tuesday: This is another example of a restaurant that used Chapter 11 bankruptcy to stay in business despite declining revenue.
• Sizzler: The casual pizza chain was forced into bankruptcy by the COVID-19 pandemic. Its bankruptcy goal was to reduce debt and renegotiate its restaurant leases.
• Chuck E. Cheese: This kids’ pizza and entertainment chain was hit especially hard by pandemic quarantine procedures. Its debt was listed at over $1 billion on its bankruptcy petition.
• Sweet Tomatoes: This buffet chain saw no feasible way to navigate COVID-19 changes with its debts and used bankruptcy to shut down its operations.

The Different Chapters of Bankruptcy

When larger companies declare bankruptcy, they usually use chapter 11 bankruptcy. Businesses can also use chapter 7 bankruptcy to shut down their operations. Individuals can use chapter 7, chapter 11, or chapter 13 bankruptcy to discharge personal debts. Chapter 7 and chapter 13 are much more popular than chapter 11, with chapter 7 being the most commonly-filed form of bankruptcy in the United States. Filing any of these forms of bankruptcy will activate the automatic stay, which fends off creditors while the case is in good standing. There is also a court-appointed attorney called the trustee assigned to each bankruptcy case to make sure it is conducted fairly.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy is the most popular because it offers powerful debt relief and is relatively short and simple. It only takes about 3 to 6 months for a chapter 7 bankruptcy debtor to wipe away all of their unsecured debts. Getting rid of credit card debt, medical bills, and other unsecured debts can unburden a debtor and allow them to turn their financial situation around. Many chapter 7 bankruptcy debtors use this legal process to stop lawsuits from creditors, wage garnishments, etc. A business that declares chapter 7 bankruptcy is considered to have gone out of business. However, not everyone qualifies for chapter 7 bankruptcy. While the numbers will vary from state to state, there are only a few ways to income-qualify for chapter 7 bankruptcy. A debtor whose household income falls below the state median household income (based on their household size) will qualify for chapter 7 bankruptcy. A debtor can also use the means test, which indicates a debtor’s disposable monthly income, to qualify for chapter 7 bankruptcy. Unsure if you are eligible for chapter 7 bankruptcy in Phoenix, Arizona? Call 480-448-9800 to schedule your free consultation with one of our experienced bankruptcy lawyers.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy is sometimes a debtor’s alternative to chapter 7 bankruptcy, but it is also often a debtor’s first choice. Because it pays debts off in a restructured payment plan, it has benefits that are unique from chapter 7 bankruptcy. Not only is it an option for debtors with income too high to qualify for chapter 7- it can also be used to pay off secured debts and priority debts that would remain with a debtor after a chapter 7 bankruptcy filing. The plan lasts 3 years for debtors whose income qualifies them for chapter 7 bankruptcy, and 5 years for a debtor whose income exceeds state medians. Are you curious about what your payment plan would look like in a chapter 13 bankruptcy and the benefits that filing your petition would entail? Learn more about the chapter 13 process in Arizona with your free consultation with a dedicated member of our bankruptcy team- call 480-448-9800 to get started.

Chapter 11 Bankruptcy

Chapter 11 bankruptcy is not most debtor’s first choice in bankruptcy. It is far too complex and costly for the average bankruptcy debtor. Individuals with high assets and liabilities or companies that want to stay in business see the most advantage from filing for chapter 11 bankruptcy. When a debtor declares chapter 11 bankruptcy, their primary creditors form a committee that has input on influential decisions in how the debtor operates. Small business owners can bypass this process if they qualify for a small business filing or a subchapter V chapter 11 bankruptcy.

Filing a Personal or Small Business Bankruptcy in Phoenix, Arizona? Start Here for Reliable, Affordable Legal Representation

Selecting a bankruptcy chapter is just one of the several decisions you will have to make during the bankruptcy process in Arizona. You must have an accurate view of your assets in addition to your income so that you can apply exemptions to protect them throughout your bankruptcy case. Your creditors can file adversary proceedings that will delay the process and may result in some of your debts not being cleared by your bankruptcy. But Gilbert Bankruptcy Lawyers can help you avoid issues like these and any others that arise throughout your unique case. If you’re seeking quality legal help with your Phoenix bankruptcy, we hope to be one of your top options. Our firm offers payment plan options that are flexible to fit with your budget- you may qualify to file your case for as little as zero dollars down! When you’re ready to get started with your free consultation by phone, call our office at 480-448-9800.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Additional Information at:
Phoenix Bankruptcy Lawyer
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Chandler Bankruptcy Lawyer
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With the cost of living increasing faster than salaries, it’s becoming more and more common to hear of individuals and businesses declaring bankruptcy. Some of these bankruptcy debtors are still experiencing the effects of the COVID-19 pandemic. Others find themselves in bankruptcy court for reasons unrelated to the current economy. Bankruptcy can delay or even permanently stop a lawsuit against the debtor. But some debts can’t be discharged by a bankruptcy filing, such as a defamation judgment.

In 2022, rapper Cardi B sued gossip blogger Tasha K for making false claims that she worked as an escort, did hard drugs, and had an STD. Cardi B was able to disprove these claims using medical records. The jury ruled in her favor and awarded her $4 million. After Cardi B began to collect against Tasha K by seizing her assets, Tasha K declared bankruptcy. Filing for bankruptcy triggers the automatic stay, which freezes assets and stops creditors- such as a lawsuit plaintiff like Cardi B- from engaging in collection efforts. Cardi B objected to her debts being discharged by the bankruptcy filing, and the judge took her side. This would leave Tasha K with at least $3.4 million of the debt owed to Cardi B, even after a bankruptcy discharge. But Tasha K has told the court that she simply doesn’t have the assets to pay the amount owed to Cardi B. She declared having assets worth between $50,000 and $100,000 but debts between $1 million and $10 million. However, Cardi B has alleged that during the discovery process, her representatives discovered that Tasha K had secretly transferred at least $30,000 into offshore accounts. Transferring funds and failing to disclose them on a bankruptcy petition is bankruptcy fraud, a serious offense that can lead to a felony conviction and time in prison. It should also be noted that Kevin Hart also sued Tasha K in early 2024 for extortion.

What are the Consequences of Bankruptcy Fraud?

There are several courses of action that can be considered fraudulent in a bankruptcy filing. The severity of the penalties a debtor will face for committing bankruptcy fraud will depend on their specific circumstances. The trustee may seize a debtor’s assets, including funds in a bank account or transferred to someone else. The debtor’s case will face delays if there are fraud allegations, and the case might even be dismissed entirely. Alternatively, one or more creditors’ debts may be excluded from the discharge, like Tasha K’s defamation debt to Cardi B. In the most severe instances of bankruptcy fraud, the debtor can face criminal charges.

Bankruptcy fraud is defined by 18 U.S.C. § 157. It can be any action to devise or conceal a financial scheme meant to defraud. Filing a document with false information is also considered bankruptcy fraud. Making any false or fraudulent representations related to the bankruptcy case can also result in bankruptcy fraud charges. This is considered a federal felony, and thus has serious repercussions. The defendant can be fined thousands of dollars for committing bankruptcy fraud, as well as serve up to 5 years in prison. The defendant may need to complete probation after completing prison time, community services, and other requirements set forth by the court. A convicted felon will face numerous offenses besides those issued by the court. Convicted felons lose civil rights like the right to vote and possess a firearm. A defendant may need to apply to the court to have these rights restored after paying their debt to society. It will also be harder to pass background checks for things like housing and employment. If you are concerned about the criminal penalties associated with bankruptcy fraud, contact a full-service law firm practicing both bankruptcy and criminal defense for your free consultation- get scheduled today here or at 480-448-9800.

Adversary Proceedings in Bankruptcy

Some bankruptcy cases proceed smoothly with little pushback from creditors. Others may require that the debtor defend their position- and their petition- before the court. An adversary proceeding is a complaint similar to a civil lawsuit within a bankruptcy case. This can be an objection to discharge, a determination on the dischargeability of a debt, and more. It may be necessary to hold a hearing on an adversary proceeding that is in addition to the 341 Meeting of Creditors.

It’s important for a debtor to present information that doesn’t conflict with their petition in an adversary proceeding hearing. If the creditor is successful in an adversary proceeding, their debt can remain after a bankruptcy discharge, in addition to other negative consequences the debtor may face. Don’t go into an adversary proceeding- or a bankruptcy filing in general- unprepared. A skilled bankruptcy attorney can help you reap all the benefits of filing an accurate petition without the repercussions of making mistakes that could even be deemed fraudulent. If you’re looking for bankruptcy representation in Phoenix or Tucson, Arizona, our firm offers free consultations by phone- call 480-448-9800 to get started.

Choosing the Right Type of Bankruptcy for Your Situation

Tasha K declared chapter 11 bankruptcy, which is less commonly filed than its more popular counterparts, chapter 7 and chapter 13. While chapter 11 is an option for an individual, also known as a consumer in bankruptcy, it is usually unnecessary given a typical person’s circumstances when compared to simpler bankruptcy chapters.

Chapter 7 bankruptcy liquidates unsecured debts. This can be all that is necessary for someone who is in over their head with credit cards, medical bills, etc. The process only takes about 4 to 6 months, and there will usually be minimal involvement from creditors unless one or more files an adversary proceeding. Once the debtor attends their 341 Meeting of Creditors and completes their credit counseling courses, all that is left to do is wait for debts to be discharged. However, not everyone qualifies for chapter 7 bankruptcy. There are strict limits based on income, prior filings, other restrictions that could make chapter 7 less effective than other forms of debt relief. To determine your eligibility for chapter 7 bankruptcy in Arizona, call 480-448-9800 for your free debt evaluation with one of our experienced debt relief lawyers.

Chapter 13 bankruptcy takes debts and reforms them into a payment plan. Some unsecured debts can be discharged, but secured debts will be paid off with certain protections and benefits from the court. A chapter 13 plan lasts 3 or 5 years. The amount paid into the plan will vary based on the debtor’s income and their debts. If you’d like to know what a chapter 13 bankruptcy would look like for you in Phoenix or Tucson, Arizona, call 480-448-9800 for your free consultation with our firm.

Learn More About Bankruptcy in Arizona with No Risk or Obligation

Hearing about bankruptcy in the news may make you curious about if it can help your financial situation. Bankruptcy offers numerous benefits and can make it possible for someone to turn around poor credit and unmanageable debts. It can also stop lawsuits, wage garnishments, repossessions, and more. If you would like to discuss how bankruptcy could impact your financial situation, Gilbert Bankrutpcy Lawyers is here to help, call us at 480-448-9800 to schedule an appointment with a dedicated member of our bankruptcy team.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Additional Information at:
Phoenix Bankruptcy Lawyer
Mesa Bankruptcy Lawyers
Phoenix DUI Lawyer
Chandler Bankruptcy Lawyer
Tempe Bankruptcy Lawyers
Vegas Zero Down Bankruptcy Attorney
Gilbert Bankruptcy Lawyers
Tucson Bankruptcy Lawyer
Arizona Zero Down DUI
Las Vegas Bankruptcy Lawyers
AZ Bankruptcy Lawyer

With COVID-19 taking the lives of millions and essentially bringing the entire world to a standstill, biotech companies were racing for a vaccine, if not a cure, for the illness. Undoubtedly, the first company to come up with a sure-fire cure for COVID-19 would be showered with fame, fortune, and awards- plus the benefit of saving countless lives. Sorrento Therapeutics made waves when they claimed to have the cure as early as May 2020. While things have gotten mostly back to normal since the onset of the pandemic, COVID-19 is still spreading and there is no cure as of yet. Nearly three years later, on February 13, 2023, Sorrento Therapeutics declared Chapter 11 bankruptcy. Sorrento’s initial claim that they had the cure for COVID-19 caused their stock value to skyrocket by 243 percent. Their bankruptcy filing nearly three years later caused their stock value to plummet by 61 percent. Now, the company’s future- just like the cure for COVID- remains unclear.

What Is Chapter 11 Bankruptcy?

When people hear that a business has declared bankruptcy, they may assume that they are shutting down operations. This may be the case in chapter 7 bankruptcy, but a Chapter 11 bankruptcy debtor is not forced to shut down their business. Chapter 11 bankruptcy can be used by individuals or by businesses, but because of its expense and complexity, is usually used when there are substantial funds on the line or when the business wants to stay open. The debtor’s top creditors will be informed of the filing and form a committee. That committee will oversee major financial decisions and vote on the debtor’s proposal of how to address the debt. If the committee rejects the debtor’s proposal, the committee can create its own proposal. The debtor may need to sell off inventory or equipment, majorly downsize, convert shares, find a new lender, or find a different solution to their debt issue. Besides major decisions, the business will be able to operate as usual while the bankruptcy is pending. The debtor will be protected from lawsuits and other actions by their creditors while the automatic stay is in good standing.

Can a Small Business Owner File Chapter 11 Bankruptcy?

As you might expect, there are significant costs for lawyers, financial experts, and other expenses that a typical person probably can’t afford in Chapter 11 bankruptcy. However, there are special provisions available for small business owners. To qualify for a small business Chapter 11 bankruptcy, the debtor’s liabilities can’t exceed $3,024,725 and at least half of that must be from business activity. A small business Chapter 11 debtor will need to attend an initial debt interview with their bankruptcy trustee. The trustee will explain the rules and obligations of Chapter 11 bankruptcy to the debtor, as well as analyze the business’s viability and proposal to deal with debt. The trustee will monitor business activities, placing a closer lens over a small business Chapter 11 debtor than a standard Chapter 11 debtor.
Small business Chapter 11 bankruptcy cases proceed more swiftly than typical Chapter 11 bankruptcies. The debtor has the sole opportunity to submit debt proposals during the first 180 days of the case. The court can also extend the exclusivity period to 300 days if it is deemed appropriate. A small business Chapter 11 debtor may not need to file a separate disclosure statement that is required by standard Chapter 11 bankruptcy debtors.

Should I Use Chapter 11 Bankruptcy To Protect My Financial Interests?

Chapter 11 bankruptcy is the least commonly filed type of bankruptcy in Phoenix. In 2022, there were 6,065 total bankruptcy cases filed in Phoenix. Of those 6,065 cases, 4,933, or 81.3% of those cases were filed under Chapter 7. Chapter 13 bankruptcy accounted for 1,082, or 17.8% of that total. Only 50 cases, or less than 1%, were filed as Chapter 11 bankruptcy cases. Statistically speaking, you are more likely to find Chapter 7 and Chapter 13 more efficient ways to relieve your debt.

As stated above, more than 4/5 of bankruptcy cases filed in Phoenix are Chapter 7 bankruptcy cases. Chapter 7 bankruptcy is simpler, and faster, and could come with more benefits than either Chapter 13 or Chapter 11. Chapter 7 clears most types of unsecured debts, and the debtor can protect many of their assets using state bankruptcy exemptions. However, a business owner that files for Chapter 7 bankruptcy must shut down their business. This could seem like an extremely unappealing option but isn’t entirely unworkable for some small business owners. If the business doesn’t have substantial inventory or assets, it can simply be opened under a similar name after the bankruptcy has been discharged. There are also income limitations for Chapter 7 bankruptcy that could disqualify a debtor from filing.

Chapter 13 bankruptcy is only available to sole proprietorships in a business context, but usually can be used by individuals who don’t qualify for Chapter 7 bankruptcy. It reorganizes the debtor’s liabilities into a payment plan that lasts either three or five years. It allows the debtor to pay off secured debts and priority debts that would remain unaffected by a Chapter 7 bankruptcy filing. A debtor’s liabilities can’t exceed $465,275 in secured debts and $1,395,875 in unsecured debts to qualify for Chapter 13 bankruptcy. The amount the debtor pays each month will be based on their debts and their disposable monthly income. If they don’t have enough disposable monthly income, some of their unsecured nonpriority debts may be discharged at the end of the payment plan.

Filing any chapter of bankruptcy triggers a legal protection called the automatic stay. All creditors in the bankruptcy petition will be notified of the automatic stay so that they know not to proceed with collections while the bankruptcy is pending. A creditor can apply for an exemption from these protections by filing a motion for relief from the automatic stay. If this motion is granted, that creditor will be allowed to proceed with their collection method, although the debtor will still be protected from the rest of their creditors. The protection of the automatic stay will end prematurely if the case is dismissed. Contact a Gilbert bankruptcy attorney to learn more about the automatic stay by calling 480-448-9800.

Finding The Right Bankruptcy Lawyer For Your Debt Relief Needs

Filing bankruptcy- and simply the process of considering it- can be complicated and stressful, especially considering the burden of struggling with debt on top of it all. Gilbert Bankruptcy Lawyers strives to make every step of the process easy and affordable. Our staff is experienced, patient, and passionate about helping our clients get their financial situations straight and start over with a clean slate. Eligible clients will have the option to utilize our Zero Down bankruptcy payment plan program. Our Zero Down program allows clients to begin paying for their bankruptcy after their case has been filed, which can be crucial to debtors in active lawsuits, wage garnishments, etc. Learning more about our payment options, as well as bankruptcy in general, is 100% confidential and risk-free. Contact us through our online form or call us at 480-448-9800 to schedule your free phone consultation with a member of our Phoenix bankruptcy team today.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Additional Information at:
Phoenix Bankruptcy Lawyer
Mesa Bankruptcy Lawyers
Phoenix DUI Lawyer
Chandler Bankruptcy Lawyer
Tempe Bankruptcy Lawyers
Vegas Zero Down Bankruptcy Attorney
Gilbert Bankruptcy Lawyers
Tucson Bankruptcy Lawyer
Arizona Zero Down DUI
Las Vegas Bankruptcy Lawyers
AZ Bankruptcy Lawyer

Protecting Your Assets During Bankruptcy

The bankruptcy process isn’t designed to leave petitioners on the street without a place to live or way to earn income. Instead, filing for bankruptcy is meant to be one way toward a future of financial health and freedom.

Chapter 7 bankruptcy, a common way to file, requires the liquidation of your non-exempt assets. The proceeds are used to help pay for your debts. However, this isn’t your only option. Chapter 13 bankruptcy enables debtors to keep all of their assets while restructuring their debts into an affordable payment plan based on their income and expenses.

In order to file Gilbert Chapter 7 bankruptcy or Chapter 13 bankruptcy, you’ll need to meet certain qualifications. Even if you don’t qualify for a Chapter 13 bankruptcy, many of your assets are still exempt from seizure so that you have the resources you need to move forward. Your attorney can walk you through your options and maximize the protection of your hard-earned assets.

Each person’s financial situation is different, which means you need to work with a Gilbert bankruptcy law firm who provides a personalized approach instead of cookie cutter methods. Be sure to consult with an experienced attorney who will help you maximize the benefits of bankruptcy while protecting your assets.

How Can I Keep My Assets After Filing For Bankruptcy?

Many individuals and businesses qualify for a Chapter 13 bankruptcy. Once you file, all debt collection efforts, pending litigation and judgments, evictions, and foreclosure processes stop immediately. This can provide breathing room while you determine your next actions.

Once you’ve filed your Chapter 13 bankruptcy petition, the court will examine your situation and restructure your debts into a monthly repayment plan that fits with your income and expenses. You’ll make one consolidated payment each month for 3-5 years. At the end of that period, the rest of your debt will be discharged.

Petitioners who file for Chapter 13 bankruptcy and successfully complete their payment plan are able to keep all of their personal and business assets, including their home, vehicle, and bank accounts, both during and after bankruptcy proceedings.

Understanding Chapter 7 Bankruptcy

Individuals who do not qualify for Chapter 13 bankruptcy may need to file for Gilbert Chapter 7 bankruptcy. After the petition is filed, debt collection efforts, eviction or foreclosure, and pending litigation actions will all stop immediately, just like with a Chapter 13 filing.
Chapter 7 bankruptcy is different from Chapter 13 in that a bankruptcy trustee will be assigned to your case to gather and sell all of your non-exempt assets. This includes community property held by your spouse. These assets can include:

The majority of your checking and savings accounts

Stocks and bonds

Tax returns

Insurance payments

Some vehicles

Real estate

Furniture

Jewelry

Farm animals

Some clothing

Artwork

Intellectual property, including copyrights, trademarks, and patents

The state of Arizona recognizes specific exemptions that enable petitioners to protect certain assets and property from liquidation. Assets that are protected in Chapter 7 bankruptcy include:

Up to $150,000 in equity in the home where you reside, with the exception of second homes, vacation homes, and business property

Up to $6,000 in equity in one vehicle

Your personal property with a total value of up to $6000 for individuals and $12,000 for married couples, including electronic devices, furniture, household items, and appliances

Up to $300 in one bank account

Up to $5,000 in tools or instruments necessary for your business or trade
Retirement accounts

Children’s bank accounts

6 months’ worth of food, fuel, and provisions for your family

Up to $500 worth of clothing

Up to $400 worth of musical instruments

Domestic pets

Wedding or engagement jewelry valued up to $2000

Certain income that is exempt, such as child support, pensions, and Social Security income

Consult with your Gilbert bankruptcy lawyer for a more extensive list of exempt assets that you can keep after your file for Chapter 7 bankruptcy. Some assets that hold very little value, such as very old vehicles in poor condition, may also be exempted. Some assets with high value, such as jewelry valued above the exemption limit will be sold, after which you will receive $2000, with the remaining value from the sale going toward your debts.

Protecting Your Assets Before Bankruptcy

It’s crucial to realize that it is illegal to hide, sell, or transfer assets before or during your bankruptcy in an attempt to keep them from liquidation. For example, you cannot transfer the balance of your checking account to a retirement account in hopes of protecting it. Recently transferred funds will be removed from the retirement account and liquidated to cover your debts.

However, there are certain strategic ways to protect your assets. Consult with your trusted Gilbert bankruptcy attorney to discuss your situation and develop a personalized plan that will maximize the protection of your assets. Your attorney may be able to help you by challenging or disputing certain debts, negotiating payments plans, recommending a Chapter 13 bankruptcy, or timing your filing.

Work With The Best Gilbert Bankruptcy Lawyer To Protect Your Hard-Earned Assets

Gilbert Bankruptcy Lawyers are the #1 bankruptcy lawyer team in Gilbert. Our experience with thousands of clients has helped us develop a reputation for professionalism, comprehensive guidance, and respect. We are ready to help you develop a personalized approach to your financial situation for the best possible outcome and maximum protection of your assets. Get in touch with us today to schedule your risk-free, confidential consultation with one of our experienced attorneys.

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Additional Information at:
Phoenix Bankruptcy Lawyer
Mesa Bankruptcy Lawyers
Phoenix DUI Lawyer
Chandler Bankruptcy Lawyer
Tempe Bankruptcy Lawyers
Vegas Zero Down Bankruptcy Attorney
Gilbert Bankruptcy Lawyers
Tucson Bankruptcy Lawyer
Arizona Zero Down DUI
Las Vegas Bankruptcy Lawyers
AZ Bankruptcy Lawyer

Can My Wages Stop Being Garnished After I File For Bankruptcy?

If you are behind on loan payments, creditors can initiate the process of garnishing your wages in order to collect some of what you owe. This can be devastating for individuals and families who are dependent on a full paycheck to make ends meet.
It’s essential to r0ealize that if your wages are being garnished, you have options to stop it! Consult with an experienced Gilbert bankruptcy law office to learn more Arizona’s wage garnishment laws, what you can do to take charge of your situation, and how you can find financial relief.

What is Wage Garnishment in Arizona?

Wage garnishment refers to the legal proceedings in which court orders require employers to withhold some of an employee’s earnings in order to pay back one or more debts. This can include wages, commissions, bonuses, and even retirement or pension income. Wages can be garnished for many types of debts. The most common include:

Child support

Credit card debt

Medical debt

Income taxes

Student loans

If you are behind on any payments and wondering what options you have to stop wage garnishment, get in touch with a Gilbert bankruptcy attorney to discuss your situation.

What is the Process of Obtaining a Wage Garnishment Order?

Some debts, such as child support, federal taxes, and student loans, do not require court approval in order for garnishment to happen. But for other debts, there is a process that must happen before your wages can be garnished. First, the creditor who wishes to be repaid must obtain a money judgment in court. A court official must sign an order awarding money from you to your creditor. Then, your employer will receive notice of the garnishment order. They must confirm their receipt of this order within a week and withhold wages in accordance with the order.
It’s important to note that your employer is legally required to comply with wage garnishment orders. If you are facing only one garnishment, your employer cannot terminate your employment or retaliate in any way. However, if two or more judgments have been secured, you can be legally terminated.

What Are The Wage Garnishment Limits?

Arizona state law limits wage garnishment to up to 25% of non-exempt disposable earnings. This is the amount of income that is remaining after you have paid:

Social Security and SSI benefits

Veteran’s benefits

Student assistance

FEMA disaster assistance

Tax deductions, including federal, state, Social Security, and Medicare taxes

Up to 25% of your non-exempt disposable income can be collected until your debt is repaid. In some cases, your creditor will only garnish your wages for a set period of time and forgive the remainder of the debt. If multiple creditors want to garnish your wages, the subsequent creditors may need to wait until the first debt is repaid or canceled.
One notable exception is that more than 25% of your wages may be garnished if you are behind on child support or federal taxes.
If your wages are being garnished, it’s natural to feel helpless, but you have options. Consult with an experienced Gilbert bankruptcy lawyer.

How Can I Stop Wage Garnishment in Arizona?

The best way to stop wage garnishment is to attempt to pay your debt in good faith. If you cannot do this, be watchful for any documentation that you receive in the mail with summons or judgments. These indicate that your creditor is initiating the process of obtaining a judgment or wage garnishment. You have the best chance at stopping the garnishment if you take action immediately.

Challenge The Lawsuit

If a creditor attempts to garnish your wages in court, you can contest the action. You’ll need to provide a variety of documentation within a specific time frame with a solid reason for the challenge. This can include proof that the garnishment would cause undue hardship or that the creditor’s actions are invalid. Because these types of cases can be complicated, consulting with an experienced attorney is the best course of action. You may be able to have the wage garnishment amount reduced or even canceled altogether.

File for Bankruptcy

The most flexible option for stopping wage garnishment is to file for bankruptcy. Once you’ve filed, an automatic stay goes into effect that immediately stops all creditor action. For many people, this provides significant relief and breathing room while they determine their next steps.
Your Gilbert bankruptcy lawyer can help you understand whether you qualify for a Chapter 7 or Chapter 13 bankruptcy, which type may be the best option for you, and which will enable you to benefit the most from filing for bankruptcy. Depending on whether you file Chapter 7 or Chapter 13, your debts may be discharged completely or restructured into an affordable repayment plan that fits with your income and expenses for the next 3-5 years. Either type of bankruptcy will stop wage garnishment and help you gain a fresh financial start.

Where Can I Get Help With Wage Garnishment?

If you’ve been informed of an upcoming wage garnishment action, act quickly to protect your future. Consult with the experienced legal experts at Gilbert Bankruptcy Lawyers. Whether you’re facing wage garnishment soon or it has already started, we will review your case at no cost and with no obligation, and can provide options to help you take charge of your financial situation. We have extensive experience and a comprehensive understanding of state and federal bankruptcy laws that enable us to guide our clients toward the best possible outcome. Give us a call today!

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Additional Information at:
Phoenix Bankruptcy Lawyer
Mesa Bankruptcy Lawyers
Phoenix DUI Lawyer
Chandler Bankruptcy Lawyer
Tempe Bankruptcy Lawyers
Vegas Zero Down Bankruptcy Attorney
Gilbert Bankruptcy Lawyers
Tucson Bankruptcy Lawyer
Arizona Zero Down DUI
Las Vegas Bankruptcy Lawyers
AZ Bankruptcy Lawyer

Do I Qualify For A Student Loan Discharge By Filing For Bankruptcy?

Many of today’s young adults are struggling with overwhelming debt, and student loans are one of the worst culprits. Although some individuals manage to earn enough income to pay for a living and their student loan payments, others struggle with crippling payments in a world of high inflation and low pay.

If you’re feeling overwhelmed with debt, you may be wondering what options you have, besides putting the majority of your paycheck into massive student loan payments each month. Many people ask their Gilbert bankruptcy lawyer whether student loans can be discharged through filing for bankruptcy.

In many cases, student loans cannot be discharged through bankruptcy. However, filing for bankruptcy can still be an effective solution for some people, because the relief from other types of debt, such as credit card debt, can bring enough financial flexibility to make it possible to meet student loan payments.

Sometimes, it is possible to get your student loan debt discharged through bankruptcy, especially if you are facing an especially difficult financial situation or unusually restrictive circumstances. Because this can be a complex process, you’re most likely to have positive results by working closely with an experienced Gilbert bankruptcy attorney who understands bankruptcy law and can help you utilize bankruptcy to the maximum benefit.

How Can Bankruptcy Help Me with Student Loan Debt?

Student loan debt can be more complicated than some other types of debt because there is no tangible asset that can be repossessed to help pay back your creditors. In some bankruptcy situations, assets such as real estate or an extra vehicle may be sold to help pay for your debts. Because student loans were intended to prepare an individual for a career by building skills and knowledge, there is no physical asset that can be used to repay the loans.

Additionally, if everyone who filed for bankruptcy was able to discharge their student loan debts, the system would face disastrous consequences. Only some people will qualify for a discharge of their student loan debts, and these individuals are most likely to be successful when they work with a Gilbert bankruptcy law office for guidance.

Who Qualifies For Student Loan Discharge in Bankruptcy?

In order to have your student loans partially or fully discharged in bankruptcy, you’ll need to meet several specific qualifications. In most cases, student loan debt discharge is reserved for people who are expected to be unable to pay off their student loans over time. You and your Gilbert bankruptcy attorney will need to prove that repaying your student loans would cause you, and any dependents you may have, an “undue hardship” even at a low standard of living. This means that you and your family will be forced to choose between repaying your student loans and surviving at a minimal standard of living. You’ll need to demonstrate that this hardship is likely to continue for the life of your loan.

Additionally, you will also need to prove that you have made every possible effort to repay your student loans in good faith. This includes bank statements or other physical proof of your intention to repay your loans.

All of these conditions can be difficult to prove. Student loan discharge in bankruptcy is generally reserved for people who have extenuating and unusual circumstances, such as the development of a severe disability that prevents them from earning the income they could previously earn.
If you believe you may qualify for a student loan discharge, discuss your situation with a trusted Gilbert bankruptcy lawyer.

How to Obtain a Student Loan Discharge in Bankruptcy

Many other types of debt, such as personal loans, credit card debt, some judgments, payday loans, past due rent, past due utility bills, and title loans, are eligible for discharge as part of bankruptcy proceedings, without any additional actions. However, student loans require a different process. Your Gilbert bankruptcy lawyer will need to file an adversary proceeding on your behalf in order to attempt to discharge your student loans. This is essentially a lawsuit against your student loan lender(s) in order to request forgiveness of some, or all, of your student loan debt. This is an essential part of obtaining discharge of your student loan debt and will be most successful if you have the advocacy of an experienced attorney.
Not everyone will qualify for a discharge of their student loans. However, filing for bankruptcy can still be an effective solution for many people. If you have other debts that are eligible for discharge in bankruptcy, you may discover that you now have greater flexibility to repay your student loans without the weight of other debt payments.

Discuss Your Options for Student Loan Debt & Bankruptcy

The experienced attorneys at Gilbert Bankruptcy Lawyers are ready to help you understand how bankruptcy can benefit you and how it can provide financial freedom from debt to help give you a fresh start. If you are struggling with overwhelming student loan debt or other debt and are wondering if bankruptcy might be right for you, schedule your free consultation with us today! We will carefully examine your situation and provide guidance on your legal options. Our team is known for providing professional, respectful, and effective bankruptcy guidance.

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Additional Information at:
Phoenix Bankruptcy Lawyer
Mesa Bankruptcy Lawyers
Phoenix DUI Lawyer
Chandler Bankruptcy Lawyer
Tempe Bankruptcy Lawyers
Vegas Zero Down Bankruptcy Attorney
Gilbert Bankruptcy Lawyers
Tucson Bankruptcy Lawyer
Arizona Zero Down DUI
Las Vegas Bankruptcy Lawyers
AZ Bankruptcy Lawyer

Life Insurance Funds & Bankruptcy: What You Need To Know

If you’re feeling overwhelmed with past due bills or are being hassled by debt collectors, you may be wondering whether filing for bankruptcy is right for you and how much of your debt can be discharged. Although there are some types of debt that cannot be eliminated by bankruptcy, you may still be able to get the relief you need with a discharge of significant amounts of your debts. Consulting with a Gilbert bankruptcy attorney is the best way to discover which of your debts are dischargeable.

What Type Of Debt Is Dischargeable In Bankruptcy?

There are two types of debt in most types of bankruptcy: dischargeable and non-dischargeable. Debt that can be eliminated in Gilbert Chapter 7 bankruptcy is considered dischargeable. Creditors can no longer make efforts to collect the debts and you are no longer obligated to make payments.

What Debts Are Dischargeable In Chapter 7 Bankruptcy?

Many types of debt can be eliminated in a Chapter 7 bankruptcy. These generally include:

Credit Card Debt

One of the most common reasons for filing for bankruptcy is overwhelming credit card debt. With only a few exceptions, bankruptcy can be an effective way to eliminate credit card debt and get your finances back on track.

Medical Debt

Another common cause of financial overwhelm, medical debt can typically be discharged through bankruptcy. Bankruptcy can be a viable solution for people who are struggling with exorbitant hospital bills after a serious illness or debilitating medical condition.

Past Due Rent

If you are facing a court-ordered eviction due to past due rent, filing for bankruptcy can be one way to stop the debt collection process while also eliminating past due rent.

Past Due Utility Bills

Even if you have moved, you may be facing pressure from utility companies to pay past due utility bills. Like past due rent, filing for bankruptcy can stop collections from taking action and eliminate your past due utility bills.

Payday Loans

These types of loans typically come with extremely high interest rates and short repayment terms. However, people who need a payday loan are often unable to repay the loans and the accrued interests, leading to financial distress that can be discharged through Gilbert Chapter 7 bankruptcy.

Personal Loans

People who are struggling financially often utilize personal loans as a way to pay off their existing debts. Unfortunately, this tends to create more problems due to the high interest rates these loans generally carry.

Judgments

Individuals who are underinsured or uninsured may find themselves owing tremendous amounts of money after a car accident for which they were primarily liable. Filing for bankruptcy can eliminate these types of judgments, if you were not under the influence of drugs or alcohol at the time of the accident.

What About Other Debts?

Some types of debts cannot be completely discharged unless you surrender the asset. Filing for bankruptcy can also put a stop to certain actions, such as debt collection or eviction processes.

Wage Garnishments

If a creditor is able to obtain a wage garnishment against you, they can seize a significant portion of your weekly earnings. Filing for bankruptcy can put a stop to some types of wage garnishments, giving you relief from hassling creditors while you determine your next steps.

Home & Vehicle Loans

Some types of debt, known as secured debts, have collateral. This can include home mortgages, real estate loans, and vehicle loans. Secured debt can sometimes be discharged in bankruptcy, but it can be complex, so the best course of action is to work with an experienced Gilbert bankruptcy lawyer who can provide guidance for your situation. In many cases, you will need to surrender the collateral in order to obtain the discharge, although you may have other options, such as filing a Chapter 13 bankruptcy.

Title Loans

If you have a title or registration loan on your vehicle, you may be able to have the debt discharged in bankruptcy. However, you may need to surrender your vehicle in order to have the debt discharged. Your attorney can guide you through your options and help you determine how your bankruptcy can provide the maximum benefit for your needs.

Vehicle Repossession Deficiency Balances

If your vehicle has been repossessed, or you surrendered the vehicle because you could not make the payments, you may still be required to pay the deficiency balances on the loan even if you no longer have the vehicle. Repossession deficiency balances may be discharged through bankruptcy.

What Debts Are Not Dischargeable In Bankruptcy?

Some debts cannot be discharged by filing for Gilbert Chapter 7 bankruptcy. However, you may have the option to restructure your debt so that payments become affordable. You may also find that eliminating some debts gives you the financial breathing room to pay off your remaining debts.
Non-dischargeable debts include:

Child support payments

Alimony payments

Student loans (in most situations)

Civil or criminal fines

State and federal taxes (with some exceptions)

Let Us Provide Options For Overwhelming Debt

If you’re behind on payments, being hassled by debt collectors, or wondering about your financial future, get in touch with Gilbert Bankruptcy Lawyers. We have extensive experience assisting clients through the complexities of bankruptcy. Let us help you get the maximum benefit from bankruptcy and guide you through the entire process. Contact us today to schedule your confidential consultation!

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Additional Information at:
Phoenix Bankruptcy Lawyer
Mesa Bankruptcy Lawyers
Phoenix DUI Lawyer
Chandler Bankruptcy Lawyer
Tempe Bankruptcy Lawyers
Vegas Zero Down Bankruptcy Attorney
Gilbert Bankruptcy Lawyers
Tucson Bankruptcy Lawyer
Arizona Zero Down DUI
Las Vegas Bankruptcy Lawyers
AZ Bankruptcy Lawyer

Life Insurance Funds & Bankruptcy: What You Need To Know

Filing for bankruptcy is a significant decision, and you might be wondering if you can keep insurance proceeds after filing for a Chapter 7 bankruptcy. The answer will depend on a variety of factors, so always consult with an experienced Gilbert bankruptcy law firm before filing. Why you received the insurance money, where you live, and when you collected the money will be taken into consideration, along with other factors.

In Arizona, proceeds from accident, employment, disability, and life insurance are generally exempted from the bankruptcy process when the filer meets certain qualifications.

What Are Bankruptcy Exemptions?

When you file for Gilbert Chapter 7 bankruptcy, all of your property and possessions can potentially be considered part of the bankruptcy estate. However, that doesn’t mean that you will lose all of your possessions and end up homeless. The goal of bankruptcy is to give individuals a fresh start and a solid financial future.

For this reason, each state has its exemption laws protecting specified assets from being liquidated to pay for your debts. Many people can exempt all of their property in a Chapter 7 bankruptcy, but not necessarily, so be sure to consult with your Gilbert bankruptcy lawyer about your situation. You may be able to keep your primary home and vehicle that provides transportation to work or school. But in most cases, you won’t be able to keep nonessential property, such as a vacation home, boat, collectible car, secondary watch, and other similar possessions.

Many assets, such as some types of retirement accounts and your children’s bank accounts, are protected from bankruptcy proceedings. However, it’s critically important that you do not transfer funds into these accounts in an effort to prevent them from being used to pay for your debts. All of your accounts will be carefully examined. Money that was transferred right before you filed may be considered fraudulent and be returned to its original account. You are also at risk of having your bankruptcy petition denied.
Insurance proceeds are considered an asset and are subject to their own regulations.

Accident Insurance Proceeds & Chapter 7 Bankruptcy

If you receive insurance money as the result of an accident or personal injury when the accident happened and whether you qualify for a bankruptcy exemption will be considered. In many states, insurance proceeds are considered to be part of the bankruptcy estate and subject to liquidation. Some states offer a “wildcard” exemption, which enables individuals to protect one asset up to a certain amount. However, Arizona has its own generous regulations regarding exemptions and does not offer wildcard exemptions.

In Arizona, if the accident or injury took place after you filed for Gilbert Chapter 7 bankruptcy, you’ll be able to keep the insurance proceeds because they won’t be part of the estate, and exemption laws won’t apply.

If you are injured in an accident that happened before you filed for Chapter 7 bankruptcy, your insurance proceeds may be exempt from liquidation through Arizona’s exemption laws, which include insurance proceeds. The date of the accident, not when you actually received the money, is what matters in this situation. You must have lived in Arizona for at least two years before filing for bankruptcy in order to qualify for Arizona bankruptcy exemptions. If you have recently moved from another state, you may be subject to the bankruptcy laws of that state.

Life Insurance Proceeds & Chapter 13 Bankruptcy

Life insurance proceeds are also exempted from the bankruptcy estate according to Arizona statutes in many cases. Like personal injury proceeds, the date of the policy will be taken into consideration. Only certain people can be the beneficiary of the policy if it is going to be exempted.

If you received the life insurance payout at least two years before filing for bankruptcy, the cash value of the policy is exempt from bankruptcy proceedings. The beneficiary must be a surviving spouse, child, parent, brother, sister, or dependent family member of the debtor in order to qualify for an exemption and be protected from liquidation.

What About Other Types Of Insurance?

Arizona protects accident, life, disability, and employer insurance proceeds from bankruptcy with certain conditions. Because these conditions can be complicated and timing may be crucial, discuss the situation carefully with your Gilbert bankruptcy lawyer before you choose to file. The timing of your filing may also matter for other reasons, so be sure to ask your attorney’s advice about when you should file in order to protect as many of your assets as possible.

Accurate Disclosure

It’s crucial that any claim to insurance proceeds is accurately disclosed in your bankruptcy schedules. Failure to disclose this information could result in a delay or denial of your bankruptcy petition.

Pending Litigation

In some cases, if the insurance settlement has not been reached when you file Chapter 7 bankruptcy, your bankruptcy trustee may take over handling any pending litigation. This will likely happen only when the insurance proceeds are not exempted from the bankruptcy estate.

Court Approval of Settlement

If you have pending insurance action and have not reached a settlement at the time of your bankruptcy filing, the court may need to approve any settlement that is reached to make sure that it is being made in good faith and in the best interest of your estate.

Get Advice From a Trusted Bankruptcy Lawyer In Arizona

There are many factors to consider when filing for bankruptcy, and the attorneys at Gilbert Bankruptcy Lawyers are ready to help guide you through the process. We will carefully examine your situation to make personalized recommendations and tailored approaches for each individual. Schedule your confidential, free case review with us today!

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Additional Information at:
Phoenix Bankruptcy Lawyer
Mesa Bankruptcy Lawyers
Phoenix DUI Lawyer
Chandler Bankruptcy Lawyer
Tempe Bankruptcy Lawyers
Vegas Zero Down Bankruptcy Attorney
Gilbert Bankruptcy Lawyers
Tucson Bankruptcy Lawyer
Arizona Zero Down DUI
Las Vegas Bankruptcy Lawyers
AZ Bankruptcy Lawyer

What To Expect When Filing For Bankruptcy

If you are facing an overwhelming amount of debt that you cannot repay on your own even with a tight budget and working overtime, you may be wondering if filing for bankruptcy is right for you. For many people, this is a complicated and difficult decision with many factors to consider. Bankruptcy isn’t the best choice for everyone and will affect your credit and finances for years to come, so it’s important to make sure you’ve exhausted other resources and discussed your financial situation carefully with an experienced Gilbert bankruptcy lawyer before you decide to proceed. Bankruptcy will not only affect your own life but will impact the life of your spouse and dependents as well.

There are many myths about bankruptcy, but your lawyer can help you separate fact from fiction. But because filing for bankruptcy will have a significant impact on your family, it’s crucial that you enter the bankruptcy process with a full understanding of how it can affect your spouse and dependents so you can minimize the negative side effects as much as possible.

How will bankruptcy affect your family? Here are some of the most common implications.

Understand Which Assets Are Protected & Which Are Not

Any money that is held in a trust for your child’s future is not part of your bankruptcy estate and will not be liquidated. Additionally, any funds that your child has in their bank account is also protected from liquidation and is not considered to be your money even if you are a custodian for the bank account.
However, it’s crucial that you do not transfer any of your own money into a trust or bank account belonging to your child in an attempt to keep this money protected. Doing some can be considered fraudulent. You will either be required to return this money to its original account or have your bankruptcy petition denied.

Some Of Your Child’s Or Spouse’s Property May Be Liquidated

If you file for a Gilbert Chapter 7 bankruptcy, all of your nonexempt assets will be liquidated to help repay your debts. Although Arizona law protects some of your assets, some toys, furniture, and other household items that are deemed nonessential could be liquidated by the bankruptcy trustee. This can include items that belong to your child or spouse.

Your Child Might Need To Change Schools

If you file for a Gilbert Chapter 13 bankruptcy and your child attends a private school, your child may need to transfer to a local public school. Your bankruptcy trustee will utilize a “means test” that will help them determine whether you qualify for a Chapter 13 bankruptcy. You will be able to deduct up to $1,875 per child, per year, for educational expenses. If your child attends private school and their tuition exceeds this amount, you’ll need to either transfer your child to a less expensive school or obtain a scholarship.

Will My Bankruptcy Affect My Spouse’s Credit?

When you file for bankruptcy, you have the option to file individually or jointly with your spouse. This may be a difficult decision, so be sure to have good communication with your spouse and consult together with your Gilbert bankruptcy attorney before finalizing your decision. If you decide to file individually, only your credit score will suffer. This means that an individual filing will protect your spouse’s credit from being affected. However, if many of your financial obligations and debts are shared, a joint filing may be the right decision, even though this will negatively affect both of your credit scores.

Even if you choose to file bankruptcy individually, your spouse will still feel the impact. People who file for Chapter 7 bankruptcy will lose nonexempt household assets and possessions, which may include your spouse’s possessions. If you file for Chapter 13 bankruptcy and need to follow a tight budget and repayment plan, your spouse’s cooperation and dedication to following the budget will be crucial to successfully making your debt payments.

Consult With a Trusted Bankruptcy Lawyer In Gilbert

Filing for bankruptcy is a big decision that will affect your life and the lives of your spouse and dependents. For many people, filing for bankruptcy ultimately has a positive effect on the whole family by eliminating overwhelming debt that is keeping the family from a successful future. If you are wondering whether filing for bankruptcy is right for you and want to talk about the best way to proceed, contact the experienced attorneys at Gilbert Bankruptcy Lawyers. We have assisted hundreds of families just like yours through the complexities of bankruptcy, and we are ready to help you, too! Enjoy the peace of mind that comes from discharging debt and gaining a fresh start. Call our office to learn more about how we can help.

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Additional Information at:
Phoenix Bankruptcy Lawyer
Mesa Bankruptcy Lawyers
Phoenix DUI Lawyer
Chandler Bankruptcy Lawyer
Tempe Bankruptcy Lawyers
Vegas Zero Down Bankruptcy Attorney
Gilbert Bankruptcy Lawyers
Tucson Bankruptcy Lawyer
Arizona Zero Down DUI
Las Vegas Bankruptcy Lawyers
AZ Bankruptcy Lawyer

How To Recover From Medical Debt After Filing For Bankruptcy

If you’re overwhelmed with medical bills, you may be wondering whether filing for bankruptcy can eliminate your medical debt. The answer is yes; medical bills can be discharged through bankruptcy. In fact, medical debt is one of the most common reasons why people file for bankruptcy. Consulting with your Gilbert bankruptcy lawyer can help you better understand the process and which type of bankruptcy might be right for you.

Filing for Bankruptcy to Discharge Medical Debt

Filing for bankruptcy can be a solution to medical debt, but when you file, you must include all of your debt. Other debts that can be discharged through bankruptcy include:

Credit card debt

Utility bills

Rent or lease payments

Gym memberships and other types of memberships

Personal loans

Payday loans

Mortgages, auto loans, and other secured debts, although you’ll need to return the property to the lender
Some bills and obligations cannot be discharged through bankruptcy. Nondischargeable debts include:

Child support

Alimony

Recent tax debts

Federal student loans

When Should I File For Bankruptcy?

Timing your bankruptcy is crucial, so be sure to consult with your Gilbert bankruptcy attorney before filing any documentation. The frequency of bankruptcy filing is limited; if you incur additional bills after your first bankruptcy, you will be unable to file again for eight years or longer. It’s important to make sure your medical condition has stabilized and that you can handle an unexpected financial crisis before filing.

Medical Bills Under Chapter 7 Or Chapter 13 Bankruptcy

Both chapters of bankruptcy will discharge medical debts, but they work differently. You may only qualify for one type of bankruptcy or the other. You’ll need to consider your income and qualifications, whether you want to keep your property, and other factors.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy quickly discharges all of your debts. You’ll be able to eliminate your medical bills, credit card debt, personal loans, past-due rent payments, and some other types of debt. Although some of your property will be protected in Gilbert Chapter 7 bankruptcy, the bankruptcy trustee will garnish some of your personal property in order to pay what you owe. This means any luxury vehicles, second homes, and other valuables will be used to pay back your creditors. You may also lose your home, vehicle, and other property with a secured loan if you owe significant amounts of debt on them.
Not everyone will qualify for a Chapter 7 bankruptcy, but if you choose to file this chapter, the bankruptcy will remain on your credit for ten years and have a longer impact on your future.

Chapter 13 Bankruptcy

This type of bankruptcy is essentially a restructuring of your debts. Your medical debt and most other debts will ultimately be discharged, but you will make monthly payments on your debts for a 3-5 year period, after which the remainder of your debts will be forgiven. An advantage of Gilbert Chapter 13 bankruptcy is that you’ll be able to keep your home, vehicle, and other property. Chapter 13 can also be a good option if you have tax debt or other nondischargeable debts. You’ll be able to catch up with affordable payments over a time that will be determined by a bankruptcy trustee within certain guidelines.
Like Chapter 7 bankruptcy, not everyone will qualify. There are debt limits to Chapter 13 bankruptcy, and you must have a sufficient minimum income. However, bankruptcy filing will only remain on your credit for seven years, making it easier for you to rebuild your finances and credit in the future.

Which Type Of Bankruptcy Is Right For Me?

When it comes to filing for bankruptcy, there are many factors to consider with your Gilbert bankruptcy law firm. Filing for bankruptcy isn’t the best choice for everyone; you’ll want to carefully consider some of the following questions:

Has my illness or injury resolved, ending my medical bills, or am I anticipating another significant financial crisis?

Have I applied for payment assistance through the hospital and exhausted all other payment plan options?

Do I have other debts that could also be eliminated?

Is my income low enough to qualify for Chapter 7, or do I have too much debt to qualify for Chapter 13?

What does my attorney recommend?
If you and your attorney determine that filing for bankruptcy is your best option, you can expect to receive constant guidance and assistance from your bankruptcy lawyer as you go through the process.

Get More Information About Bankruptcy from a Leading Attorney Firm

Learn more about your options for eliminating medical debt when you consult with the attorneys at Gilbert Bankruptcy Lawyers. Our experienced attorneys will carefully consider your situation and help you make the best decision. Let us help ease the burden of overwhelming medical debt. Contact us today to schedule your free case review.

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Additional Information at:
Phoenix Bankruptcy Lawyer
Mesa Bankruptcy Lawyers
Phoenix DUI Lawyer
Chandler Bankruptcy Lawyer
Tempe Bankruptcy Lawyers
Vegas Zero Down Bankruptcy Attorney
Gilbert Bankruptcy Lawyers
Tucson Bankruptcy Lawyer
Arizona Zero Down DUI
Las Vegas Bankruptcy Lawyers
AZ Bankruptcy Lawyer

Wage Garnishment In Arizona: Everyting You Need To Know

A wage garnishment is a court order that requires your employer to withhold a specified amount of money from your paycheck and send it directly to a creditor. If you are behind on credit card payments or medical bills, your wages cannot be garnished unless the creditor sues you and obtains a judgment from the court. Other creditors, such as child support or alimony, have a statutory right to garnish your paycheck without a court order.

What Are The Limits On Wage Garnishment In Arizona?

Even if you owe a very large amount of debt, creditors cannot seize all of your paychecks; there are legal limits to how much can be garnished. According to federal law, no more than 25% of your disposable earnings per week can be garnished after mandatory deductions or the amount by which your disposable earnings exceed 30 times the federal minimum hourly wage, whichever is less. Individual states have the ability to impose stricter limits than federal law, but Arizona essentially follows federal law with a few additional protections. For example, garnishment can be reduced to 15% in the event of extreme economic hardship.

Your wages will be garnished until your debt is paid in full or until you are able to stop the garnishment. Two of the most common ways to stop a garnishment are claiming an exemption with the court or filing for bankruptcy. Bankruptcy can potentially stop almost all types of wage garnishments. Talk with your Gilbert bankruptcy law office to learn more about how filing for bankruptcy can affect your wage garnishment.

What Are “Disposable Earnings”?

“Disposable earnings” indicate the remaining portion of your paycheck, salary, or other compensation for services, including bonuses, commissions, payments to a pension or retirement program, or deferred compensation plan, after mandatory tax deductions have been taken. Because the calculation for disposable earnings and wage garnishment can be confusing, it can be helpful to consult with a Gilbert bankruptcy attorney to learn more about wage garnishment limits and how filing for bankruptcy can effectively stop wage garnishment.

What About Child Support, Student Loans & Taxes?

Court orders for child support include an automatic income withholding order, meaning that child support is automatically deducted from your paycheck without a special court judgment. If you are behind on child support, the other parent can get a wage garnishment order from the court, although this type of wage garnishment is limited by federal law. In Arizona, up to 50% of your disposable earnings may be garnished for a child support order.

The U.S. Department of Education can garnish up to 15% of your pay if you default on a federal student loan, called an administrative garnishment. Because regulations regarding wage garnishment are subject to change and may be affected by student loan forgiveness programs, always consult with your Gilbert bankruptcy lawyer to learn how the laws may apply to your situation.

If you owe back taxes, the federal government can garnish your wages without a court judgment. The exemption amount that you can keep will depend on a variety of factors, including your standard deductions. You may also face wage garnishments for unpaid state and/or local taxes.

How Can I Protect My Wages from Garnishment?

If you’ve received a notice of a wage garnishment order, you may be able to protect or exempt some, or all, of your wages by filing an exemption claim with the court. Filing for bankruptcy will also stop most garnishments, at least temporarily. Your Gilbert bankruptcy attorney can help you understand how filing for bankruptcy can stop wage garnishment and help you determine the best way to manage your debts.

Am I At Risk Of Job Termination Due To Wage Garnishment?

Complying with wage garnishment orders is additional work for your employer, and some may prefer to terminate your employment rather than deal with the hassle. However, federal law provides some protection: your employer cannot terminate your job if you have one wage garnishment order. Arizona offers additional protection for debtors. Your Arizona employer cannot fire you for a child support withholding order. Although new hires may be required to disclose an existing child support withholding order, your employer cannot discriminate or base their hiring, firing, and disciplinary actions on this information.

Get Help With Wage Garnishment From An Experienced Bankruptcy Lawyer In Arizona

Wage garnishment can be overwhelming, but Gilbert Bankruptcy Lawyers are ready to help you understand your legal rights and options. Our firm has extensive experience navigating the complexities of federal and state bankruptcy law. We work on behalf of all of our clients to provide trustworthy legal advice and the best financial options. Contact us today to schedule your confidential, obligation-free consultation and learn more about how we can help you.

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Additional Information at:
Phoenix Bankruptcy Lawyer
Mesa Bankruptcy Lawyers
Phoenix DUI Lawyer
Chandler Bankruptcy Lawyer
Tempe Bankruptcy Lawyers
Vegas Zero Down Bankruptcy Attorney
Gilbert Bankruptcy Lawyers
Tucson Bankruptcy Lawyer
Arizona Zero Down DUI
Las Vegas Bankruptcy Lawyers
AZ Bankruptcy Lawyer

How To Use Your Tax Refund When Filing For Bankruptcy

Most people eagerly await their tax refund. Maybe they have extra expenses to cover, want to buy something outside their normal budget, or like to have some extra funds in the bank. In other cases, a tax return is a necessary part of an annual budget or needs to go directly into debt repayment.

If you’re planning to use your tax return to pay off debt, filing for bankruptcy might be a better option. If you plan to file bankruptcy this year, it’s important to be aware that how you spend your tax return can affect your bankruptcy proceedings, leading to a waiting period or postponement. Alternatively, filing without spending your tax return can lead to losing those funds. Always consult with a Gilbert bankruptcy lawyer about when and how to spend your tax return if you are considering filing for bankruptcy.

Should I Use My Tax Return to Pay Off Debts?

If you have a small amount of recent debt, such as a credit card, using your tax return to pay off the account in one large payment can save you money in the long run. You’ll avoid paying high interest rates for months to come, and enjoy safety from the possibility of not being able to make your monthly payments if something happens in the future. Although it might be more fun to spend your tax return on something else, it’s wise to use your tax return for smaller amounts of current debts if that will help you get your finances back in order.

Should I Use My Tax Return for Old Debts?

If you have had a debt for a long period of time, do some research before using your tax return to pay off the balance. Arizona recognizes statutes of limitations that may prevent a creditor from pursuing you in order to pay off the balance of a long-term debt. In some cases, filing for bankruptcy is a better way to deal with the debt. Consult with a bankruptcy law office in Gilbert to determine whether your tax return should be paid toward an old balance, or if filing for bankruptcy might be better option.

What’s the Best Way to Use my Tax Return Before I File For Bankruptcy?

If you and your attorney have determined that filing bankruptcy is your best option, you’ll need to carefully consider exactly how to spend your tax return money. In Arizona, your tax return isn’t protected in the bankruptcy process, which means the trustee can take a percentage of it to pay for your debts if you file Gilbert Chapter 7 bankruptcy.

Additionally, Arizona has bank account exemptions and will limit how much money you can retain in your accounts when you file Chapter 7 bankruptcy. In most cases, this means it will be most strategic to carefully spend your tax return before your file for bankruptcy so that you don’t lose the money. Some of the best ways to do this include:

· Medical or dental care
· Repair or maintenance on your primary vehicle
· Stocking up on household essentials that will store for a long time, such as toilet paper and other dry goods
· Reasonably priced furniture
· School clothes and supplies for your child
· Reasonable clothing, especially work apparel
· Bankruptcy attorney fees and court costs

It’s crucial to make sure your spending is reasonable. Your trustee probably won’t object to replacing old furniture, but luxury spending, expensive handbags, jewelry, and vacations are a bad idea. If you make these types of purchases on a credit card, they may not be discharged in the bankruptcy process or your petition may be denied.

It’s also not a good idea to use your tax return to repay personal loans from parents, friends, or family before filing for bankruptcy. Although this may seem like a good idea, it’s known as a preferential payment and is prohibited. Your bankruptcy trustee will require those funds to be returned and evenly distributed among your creditors. If you have any doubts about how to spend your money before bankruptcy, talk with your Gilbert bankruptcy attorney.

Invest in Yourself with Your Tax Return

If you will be filing for bankruptcy, you may be on the verge of other significant life changes. Your tax return could provide vital funds for those changes. For example, maybe you need to prepare some assets for sale, want to begin an educational program that will further your career, or need equipment for your own business. Your tax return can be a valuable tool for investing in yourself in a way that is protected in bankruptcy and enables you to build a fresh start.

Make the Most of Your Bankruptcy Filing with Expert Legal Advice

Filing for bankruptcy in Arizona can be overwhelming. It’s important that your petition is detailed, accurate, thorough, and timed carefully. Accidental mistakes can delay your petition, result in loss of valuable assets, and cost you thousands of dollars. In extreme situations, your case could be dismissed or you could even be charged with bankruptcy fraud.

That’s why working with the experienced legal team at Gilbert Bankruptcy Lawyers can help you make the most of your bankruptcy filing. We have collective decades of experience in assisting clients through each step of bankruptcy proceedings. Our attorneys will work to protect your rights, guide you through your options, and represent you from start to finish. Contact us today for a professional and confidential case review that can help you begin a fresh start free from debt!

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Additional Information at:
Phoenix Bankruptcy Lawyer
Mesa Bankruptcy Lawyers
Phoenix DUI Lawyer
Chandler Bankruptcy Lawyer
Tempe Bankruptcy Lawyers
Vegas Zero Down Bankruptcy Attorney
Gilbert Bankruptcy Lawyers
Tucson Bankruptcy Lawyer
Arizona Zero Down DUI
Las Vegas Bankruptcy Lawyers
AZ Bankruptcy Lawyer

Starting a New Enterprise After Filing For Bankruptcy

Entrepreneurs who have gone through a bankruptcy often wonder if they will be able to start a new business in the future. Starting a new enterprise without capital may be difficult to impossible, which means that being able to acquire a business loan is crucial. But will you qualify for a business loan after bankruptcy?

Business Loans After Bankruptcy

Although bankruptcy provides a way out of overwhelming debt, it’s important to remember that there are always repercussions. You’ll face a serious hit to your credit score and may have difficulty getting any kind of loan, especially on reasonable terms, for several years after filing. It is possible to start a new business after bankruptcy, but you’ll probably face some additional challenges and will need to take specific rebuilding steps in order to build up your credit and move forward.

As with every other aspect of bankruptcy, you’ll want to discuss your options with your Gilbert bankruptcy law office.

Types of Bankruptcy Filing In Arizona

The exact steps to take in order to rebuild your finances will depend on what type of bankruptcy you filed.

Chapter 7 bankruptcy will use all of your non-exempt assets to pay toward your debts. Your debts will be discharged in just a few months, after which you’ll have a bankruptcy on your credit history for up to 10 years. This is generally a better option for people who have low income and large amounts of unsecured debts such as medical bills or credit card debt.

Chapter 13 bankruptcy restructures your debt and establishes 3-5 years of monthly repayments toward your debts. At the end of the term, your remaining debts are forgiven, and the bankruptcy will remain on your credit history for 7 years. Chapter 13 is a better option for people who want to keep their assets or have a higher income but need some breathing room to catch up on debt.

When filing Gilbert Chapter 7 bankruptcy, some of your assets are exempt from liquidation while others will be used by the bankruptcy trustee to pay for your debts. Bankruptcy as a whole is meant to help individuals rebuild their lives, not end up homeless on the street with no means of moving forward. Assets including your primary home, your vehicle, cash, and retirement accounts are generally exempt, depending on their worth.

Exempted Assets In Arizona

Exemptions can be complicated, so it’s important to work with an experienced Gilbert bankruptcy attorney who can guide you through the process and help you choose the best type of bankruptcy filing for your situation.

Assets that you will likely be able to keep after filing Chapter 7 bankruptcy include:

• Your primary home, depending on its value and equity
• Personal property such as furniture, appliances, and clothing
• Your primary vehicle with certain value limits
• Some types of insurance proceeds
• Retirement accounts such as 401(k) and IRA
• Workers’ compensation benefits
• Welfare assistance benefits

If you’ve lived in Arizona for two full years before you file for bankruptcy, you will be eligible to receive all recognized exemptions. If you’ve lived in Arizona for less than two years, what exemptions you are eligible to receive is more complicated.

Some debts cannot be discharged in bankruptcy. These include:

• Child support and alimony
• Criminal fines and penalties
• Some tax obligations
• Student loans
• Fraudulent debts

How Do I Move Forward after Bankruptcy?

Although a bankruptcy will remain on your credit score for 7-10 years after filing, there are still a lot of steps you can take to improve your credit score, rebuild your finances, and put yourself in the best position to take out a business loan. The good news is that lenders tend to look at credit scores more than comments on your credit report, meaning that if you are actively working to rebuild your credit, the lender will take that into serious consideration.

Some of the most beneficial steps to take in order to rebuild your finances include:

• Stay up to date on your credit reports. Verify that discharged debts are being correctly reported and that all information is accurate.
• Obtain a secured credit card. For this type of card, you’ll put forward a certain amount of money, such as $500, and only be able to borrow against that amount. This leaves no risk to your lender and is an excellent way to rebuild your credit and develop good financial habits. A lender will appreciate your history of timely repayments when you apply for a business loan.
• Work with a bankruptcy lawyer to help you get back on your feet, especially if you will still be facing large amounts of debt that cannot be discharged in bankruptcy. Sometimes declaring bankruptcy non dischargeable debt is an option that will enable you to have the income to pay back your other debts.

With some effort toward rebuilding your life and finances after bankruptcy, you’ll be well on your way to successfully receiving a business loan for your new venture!

Consult with Gilbert’s Top Rated Bankruptcy Attorney Firm

Bankruptcy can be overwhelming, but working with the legal team at Gilbert Bankruptcy Lawyers can simplify the process. Our attorneys are committed to helping our clients understand their rights and options, and will work with you to develop a personalized debt relief solution with guidance every step of the way. Contact us today to schedule your free, confidential consultation!

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Additional Information at:
Phoenix Bankruptcy Lawyer
Mesa Bankruptcy Lawyers
Phoenix DUI Lawyer
Chandler Bankruptcy Lawyer
Tempe Bankruptcy Lawyers
Vegas Zero Down Bankruptcy Attorney
Gilbert Bankruptcy Lawyers
Tucson Bankruptcy Lawyer
Arizona Zero Down DUI
Las Vegas Bankruptcy Lawyers
AZ Bankruptcy Lawyer

What Assets Are Not Protected In Chapter 7 Bankruptcy Proceedings

It’s a common misconception that a person who files for bankruptcy will lose everything they have, but fortunately, this is not true. Both federal bankruptcy laws and Arizona state statutes provide exemptions that protect many specific assets from being garnished in the bankruptcy process.

However, some assets are not protected if you choose to file Gilbert Chapter 7 bankruptcy, instead, they will be sold and used by the bankruptcy trustee to help pay off your debts. Other types of bankruptcy have different regulations and may not include asset garnishing. The lost assets discussed in this article refer specifically to Chapter 7 bankruptcy proceedings.

Essential & Non-Essential Property

Generally speaking, property that may be lost during a Chapter 7 bankruptcy is property that is considered non-essential for a person’s basic necessities. This means your primary home and vehicle may be protected, depending on the circumstances. Each state has its own regulations. If you lived in a state other than Arizona for the 2.5 year prior to your bankruptcy filing, exactly what property is considered essential may be slightly different and will be taken into consideration by the trustee.

The most common assets that can be lost during a Chapter 7 bankruptcy in Arizona include:

Second or subsequent vehicles: Talk with your Gilbert bankruptcy attorney about the vehicles that you own. You may be able to claim an exception for your primary vehicle up to a certain value. However, an additional vehicle that you own is not protected and may be sold to pay your debts. Legally speaking, a vehicle that has your name on the title is considered to be your vehicle even if you are not actually using it. A common situation is where an adult child uses a vehicle that has a parent’s name on the title. Even though it is considered to be the adult child’s vehicle, it legally belongs to the parents and might be lost if the parents file bankruptcy. Choosing to sell or transfer a vehicle before filing for bankruptcy in an attempt to avoid losing it is typically not a good idea and can be considered bankruptcy fraud, so it’s crucial to be straightforward with your bankruptcy attorney about all the details of your situation.

Recreational vehicles: All recreational vehicles, including ATVs, golf carts, and motorcycles that are not your primary vehicle are not protected in Gilbert Chapter 7 bankruptcy.

Vacation homes: Your primary home will be protected in bankruptcy proceedings up to a certain amount, but second or vacation homes are not protected and may be used to help pay for your debts.

Land and investment real estate: Raw land or real estate used for investment, including commercial buildings or rental properties, are not protected in Chapter 7 bankruptcy.

Jewelry: Arizona enables debtors to protect an engagement or wedding ring valued up to $2000 and one watch valued up to $150. Other jewelry is not protected in Chapter 7 bankruptcy.

Investments such as stocks, bonds, and mutual funds: Investments are not protected in Chapter 7 bankruptcy. This can be frustrating because investments are often being used to help provide for retirement. However, certain types of retirement accounts are protected in Chapter 7 bankruptcy. Money that is transferred to a retirement account immediately before a bankruptcy filing may not be protected, so talk with your Gilbert bankruptcy lawyer about investments and retirement accounts, and how to protect your assets.

Is My Home at Risk?

It’s easy to be confused about whether your home or property is at risk when you file for Chapter 7 bankruptcy because the equity in the property is what is considered. Equity is the value of the property minus any liens on it, such as a mortgage. For example, if you own a vacation home that is worth $200,000 and hold a $200,000 mortgage on it, there is no equity in the home, so you would not lose the home in Chapter 7 bankruptcy.

How Can I Protect Property In Bankruptcy?

If you file Chapter 7 bankruptcy and want to keep property that will not be protected, you may have the option to “buy it out” from the trustee. This means you would pay the trustee the equivalent of its value. Typically, this is only feasible for smaller valued items, such as heirloom jewelry or an inexpensive ATV. If you are filing for bankruptcy, you will typically not have the funds available to buy out a higher valued property.

If you have high value property that you want to keep, you may be eligible to file a Gilbert Chapter 13 bankruptcy instead. This type of bankruptcy enables you to keep everything you own because you are essentially restructuring your debts and committing to an affordable repayment plan that will last 3-5 years. There are limitations and qualifications for filing either type of bankruptcy, so consult with your attorney about which type of bankruptcy is right for you and how to protect assets you want to keep.

Consult with Gilbert’s Leading Bankruptcy Lawyers

If you are facing financial hardship or being intimidated by debt collectors and wondering if bankruptcy might be right for you, contact Gilbert Bankruptcy Lawyers to schedule your confidential consultation. With extensive experience in Chapter 7 and Chapter 13 bankruptcy, we can help you understand the legal process, work to protect your rights, and help you determine the best next steps. Contact us today to schedule your free case review!

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Additional Information at:
Phoenix Bankruptcy Lawyer
Mesa Bankruptcy Lawyers
Phoenix DUI Lawyer
Chandler Bankruptcy Lawyer
Tempe Bankruptcy Lawyers
Vegas Zero Down Bankruptcy Attorney
Gilbert Bankruptcy Lawyers
Tucson Bankruptcy Lawyer
Arizona Zero Down DUI
Las Vegas Bankruptcy Lawyers
AZ Bankruptcy Lawyer

Protecting Your Retirement Accounts From Creditor Seizure

If you’re thinking about filing for bankruptcy, you’re probably concerned about what may happen to some of your most valuable assets, such as your retirement accounts. It’s smart to consider all of your options, because while filing for bankruptcy can give you a fresh start, it isn’t necessarily the best choice for everyone and can have significant consequences if you don’t know what to expect.

Arizona state law allows property exemption to federal bankruptcy laws. Property protection is an important part of the new financial beginning that you get from filing for bankruptcy and provides protection for many of your assets. This is especially beneficial for people who file for bankruptcy due to medical bills, a job loss, or other unexpected event.

Arizona’s property exemptions means that the law is on your side when you file for bankruptcy. However, the law is also complex, so it’s imperative to have a dedicated Gilbert bankruptcy attorney with you throughout the process. A skilled attorney will know how to maximize your exemptions and protect assets such as your retirement accounts from creditor seizure.

Federal Bankruptcy Law

When you file for bankruptcy, an automatic stay immediately goes into place and instantly stops a number of actions, including:

• Repossession
• Wage garnishment
• Foreclosure
• Lien placement
• Eviction
• Creditor harassment
• Most court actions against you as related to your finances

Some of these processes, such as eviction, may only be temporary, but the automatic stay can give you some much-needed relief from debt collectors and a bit of time to work through your options, such as finding a new place to live.

Federal bankruptcy laws include a protected repayment period for Gilbert Chapter 13 bankruptcy and an immediate debt discharge in a Gilbert Chapter 7 bankruptcy. If you file for Chapter 13 bankruptcy, you will have 3-5 years to catch up on your mortgage payments and make payments on other debts. Chapter 7 bankruptcy will eliminate almost all credit card, medical bills, and other debt in just a few months.

Arizona’s Bankruptcy Exemption Law

Although the basic bankruptcy provisions are the same in most other states, Arizona is one of just a few states that provides special protection for accounts such as IRAs, 401(k)s, and similar retirement accounts. This exemption is important for people who choose to file for bankruptcy because creditors often go for the easy, large sum of cash that may be available in a retirement account.

Arizona’s state laws also protect 529 college savings accounts, teacher retirement benefits, government pensions, Social Security and VA disability, and other government benefits. Although this protection is good news for people who are forced to file for bankruptcy due to an uncontrollable situation, such as medical debt after a car accident, it has some downsides too. For example, some people move money into retirement accounts right before they file Gilbert Chapter 13 bankruptcy in order to take advantage of this exemption, which is potentially illegal. Other people keep their exemption government benefits in the same account as their wages, which can be garnished. This commingling can make it difficult for the bankruptcy trustee to apply the exemption.

Protection for retirement accounts depends on the individual state laws, so it’s important to consult with your Gilbert bankruptcy lawyer to verify what exemptions apply to your accounts.

Which Type of Bankruptcy Do I Qualify For?

In order to file for Chapter 7 or Chapter 13 bankruptcy, you’ll need to meet certain qualifications. The most significant qualification for Chapter 7 is the “means test.” Your annual household income must be below the average level. This figure changes frequently, but was around $85,000 in Arizona in 2020 for a family of four.

In order to qualify for Chapter 13 bankruptcy, a debt ceiling usually applies. This is designed to prevent people from abusing the system when they actually have the means to pay off their debts. You cannot have more than approximately $1.3 million in secured debts and $400,000 in unsecured debts, including both current and past due financial obligations. Additionally, Chapter 13 debtors must have sufficient monthly income to make the monthly debt consolidation payments that will be determined by the bankruptcy trustee. The exact amount will vary significantly, but is usually about as much as a mortgage payment.

To find out which type of bankruptcy filing you may qualify for, and which may be the best option for your situation, consult with a trusted Gilbert bankruptcy lawyer.

Gain Peace Of Mind With an Experienced Bankruptcy Attorney In Gilbert

If you’re thinking about filing for bankruptcy in Arizona but want to protect your family’s assets and your retirement accounts from creditor seizure, contact the trusted legal team at Gilbert Bankruptcy Lawyers. All of our clients are treated with respect and compassion as we guide you through every step of the process to obtain financial peace of mind. To get started on your new future free of harassment from debt collectors, contact our office today.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Additional Information at:

Phoenix Bankruptcy Lawyer

Mesa Bankruptcy Lawyers

Phoenix DUI Lawyer

Chandler Bankruptcy Lawyer

Tempe Bankruptcy Lawyers

Vegas Zero Down Bankruptcy Attorney

Gilbert Bankruptcy Lawyers

Tucson Bankruptcy Lawyer

Arizona Zero Down DUI

Las Vegas Bankruptcy Lawyers

AZ Bankruptcy Lawyer

 

Determining Factors For Keeping or Losing Your Home When Filing Bankruptcy

Filing for bankruptcy may feel daunting if you’re not sure what to expect. Many people feel extremely discouraged at the thought of potentially losing their home in the process. Learn more about what will happen to your mortgage loan and your home if you choose to file with a Gilbert bankruptcy attorney in Arizona.

What Will Happen To My Mortgage If I File For Bankruptcy?

It’s understandable to wonder what will happen to your mortgage if you file for bankruptcy in Arizona. Home loans are one of the biggest financial obligations of our lives, and no one wants to be forced out of their home if they are unable to pay their other debts.

The answer is that there are several factors that will determine whether you will lose your home if you file for bankruptcy, including which type of bankruptcy you file for, how much equity you have in your home, and what other debts you have. To fully understand your own situation, consult with a trusted Gilbert bankruptcy lawyer.

Filing Chapter 7 Bankruptcy & Home Loans

A Gilbert Chapter 7 bankruptcy is a type of bankruptcy in which many or all of your assets are liquidated and sold to settle with your creditors and give you a fresh, clean slate. In many cases, this may include selling your home, but not necessarily. The Arizona Homestead Exemption law enables some homeowners to retain their primary residence under certain circumstances. Under this law, up to $150,000 worth of equity in your home is protected and inaccessible to creditors for up to 18 months after you file for bankruptcy. This exemption applies to homes, mobile homes, condos, and land as long as it is your primary residence. In order to utilize the Arizona Homestead Exemption when you file for Gilbert Chapter 7 bankruptcy, you’ll need to meet certain qualifications:

• You must be up to date on your mortgage payments
• You must be financially able to continue making mortgage payments after you’ve filed for bankruptcy
• You must not have a lot of equity in your home

Your Gilbert bankruptcy law office can help you understand whether you qualify for the Arizona Homestead Exemption.

Filing Chapter 13 Bankruptcy & Home Loans

If you’re concerned about keeping your home after bankruptcy, a Gilbert Chapter 13 bankruptcy may be a better option. With this type of bankruptcy, you’ll continue making regular mortgage payments and may be able to adjust your mortgage payments into something more affordable. Chapter 13 bankruptcy essentially restructures your debts. You’ll continue making payments for an allotted time frame, after which the remainder of your debts will be forgiven. Under Chapter 13 bankruptcy, you may also be able to eliminate a second or third mortgage that you’ve taken out against your home.

Can I Surrender My Home In Bankruptcy?

Some people decide during the bankruptcy process that they cannot afford to continue making their mortgage payments long-term. In some cases, the mortgage balance is higher than the value of the house itself. It can be risky to keep your home if you aren’t sure you will be able to stay current with mortgage payments in the future. If you don’t have steady income, are getting divorced, or have non-dischargeable debts such as child support or student loans, you may not be able to pay your mortgage every month.

If you are in one of these situations, one option to discuss with your Gilbert bankruptcy attorney is whether you should surrender your home as part of a Chapter 7 bankruptcy in order to pay off your debts and start over.

Can I File For Bankruptcy After Foreclosure?

If your home has already been sold by the bankruptcy trustee or foreclosed on, filing for bankruptcy may still be helpful. Lenders may be able to charge you with a deficiency balance if your home sold for less at the auction than you owed on the loan. If you file for Chapter 7 bankruptcy after a foreclosure, you may be able to discharge any deficiency balances you owe on the home in addition to unsecured debts. For many people, this brings tremendous relief from an overwhelming financial situation or harassment from debt collectors.

When Can I Qualify For a Mortgage After Bankruptcy?

If you choose to surrender your home in a Gilbert Chapter 7 bankruptcy, you’re probably wondering when you can take out a mortgage loan for another home in the future. You may be able to qualify in as little as 1-4 years following the bankruptcy, although your interest rate may be higher or you may need co-signer. Working to rebuild your credit by paying your bills on time and taking out a secured credit card, while maintaining stable employment, can be helpful in shortening the length of time until you qualify.

Learn More About Bankruptcy and Mortgage Loans

Gilbert Bankruptcy Lawyers is an experienced team of attorneys who fully understand Arizona financial laws and are dedicated to helping people just like you. Whether you are looking to restructure or discharge your debts, we can help invest in your financial future and answer all of your questions about how bankruptcy may affect your mortgage. Call our office to schedule your confidential consultation.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Rebuilding Your Finances After Filing For Bankruptcy

If you’ve filed for bankruptcy, you might feel like you’ve hit rock bottom. Although bankruptcy wipes out your debts, it stays on your credit report for 7-10 years and causes a significant drop in your credit score, which can make it difficult to qualify for a mortgage or other credit.

How do you make a smooth recovery from bankruptcy? It can be challenging, but learning to manage your cash flow, establishing good credit, and rebuilding your financial profile doesn’t have to be overwhelming. Check out these tips from a top rated Gilbert bankruptcy law office to help rebuild your finances and get a fresh start.

Save The Paperwork From Your Bankruptcy Filing

It may not seem important, but keeping all of the paperwork from your bankruptcy case can be helpful when you apply for a mortgage, loan, or other financial account in the future. Saving the paperwork can also provide helpful proof of discharge if you are contacted by a debt collector.

Start Saving & Create a Budget

The last thing you want is to go through another Gilbert Chapter 7 bankruptcy again. Establish good financial habits, including starting a savings account for emergencies. Create a budget to help manage your income and guide your spending. These steps are crucial to keep spending in check and reduce the chances of accumulating overwhelming debt again. Check out online resources for learning more about making a budget, or consult with a financial advisor who can help you get started.

Re-Establish Good Credit

Building up your credit score is an important part of financial recovery after filing bankruptcy with a Gilbert bankruptcy lawyer. There are several ways you can work on this, including:

• Pay all of your bills on time
• Open a secured credit card, which requires an upfront deposit and is one of the best ways to rebuild credit
• Contact your utility companies to ask them to report your bill payments toward your credit score
• Consider a credit builder loan
• Making your Chapter 13 bankruptcy payments on time, if applicable

Boosting your credit score will take time, but with patience, hard work, and good decisions, you’ll see your work pay off.

Consistently Monitor Your Credit Reports

You may feel intimidated or anxious about looking at your credit report after filing for Gilbert Chapter 7 bankruptcy, but making this a regular habit is important. Carefully monitoring your credit report will help you verify that all of the information on your profile is accurate. Inaccurate information can make your credit score lower than it should be. If you find a mistake on your credit report, contact the credit bureaus and the business that reported the information. Keep everything in writing and maintain records of the situation; the credit bureaus will have 30 days to investigate and correct the errors. You can download free copies of your report from each bureau once a year, which you can ideally space out throughout the year so you are able to view one report every few months.

Keep Up With Your Job & Home

An essential part of post-bankruptcy life is maintaining your home and your job. You want to show lenders that you are able to pay off debts and maintain a steady, reliable income. Additionally, many lenders will consider your employment history as part of their loan application process. Having consistent income can boost your reliability for lenders and make it easier for you to get a loan when you are ready.

Develop an Emergency Fund

If you have an unexpected financial need, having some cash saved can help you avoid poor financial decisions and disastrous debt. Start this process as soon as possible and make regular deposits, even if they are small. One easy way to begin building an emergency fund is by asking your employer to deposit a certain amount into your savings account whenever they write paychecks.

Consider Your Financial Future

What goals do you have for your future? Do you want to own a home or a specific type of vehicle? Maybe you want to go back to school or start a family. After filing for Gilbert Chapter 13 bankruptcy, putting some focus on your financial future and life goals can keep you motivated to stick with a budget, save money, and avoid unnecessary debts. Managing your cash flow and making careful financial decisions is the best way to secure your financial future.

Although your credit score will take a significant hit after your file for bankruptcy, it’s possible to recover, get back on your feet, and even have a better credit score than you did before filing. Incorporating responsible saving and budgeting, while working to rebuild your credit score, will help you make a better future for yourself.

Gilbert’s Best Bankruptcy Lawyer Is Ready To Help

If you’re feeling overwhelmed with your financial situation and wondering whether filing for bankruptcy is right for you, schedule your free, no-obligation consultation with the friendly and experienced legal team at Gilbert Bankruptcy Lawyers. We will carefully examine your situation and provide legal advice you can trust. Call our office to get started with your future!

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Everything You Should Know If You Are Thinking About Filing For Bankruptcy

Filing bankruptcy will have significant effects on your credit and can cause your credit score to drop as many as 200 points or more. However, sometimes bankruptcy can be a last resort option that helps people in difficult situations liquidate their assets, pay off or settle their debts, and gain relief from financial troubles. If you’re thinking about filing for bankruptcy, take a look at these common myths debunked by a trusted Gilbert bankruptcy lawyer.

Myth: If you have a great credit score and no negatives on your credit report before you file bankruptcy, you’ll have a higher credit score after filing bankruptcy than you would if you had negative information before filing.

Truth: A history of making on time payments and lack of negative information does not significantly minimize the impact of a Gilbert Chapter 7 bankruptcy on your credit score. Instead, the presence of a bankruptcy and how long the bankruptcy has been on your report are the strongest factors determining your credit score after filing.

Myth: A bankruptcy will stay on your credit report for 10 years, with no exceptions.

Truth: Only the public records from a Gilbert Chapter 7 bankruptcy will remain on a credit report for 10 years. All other bankruptcy references will be only your credit report for just seven years. This includes:

• Trade lines that indicate your account included in bankruptcy
• Third-party collection debts, judgments, and tax liens that were discharged through your bankruptcy filing
• Gilbert Chapter 13 bankruptcy public records

As these begin to disappear from your credit report, it’s likely you’ll start to see larger boosts in your credit score.

Myth: As long as the bankruptcy stays on your credit report, you will have bad credit.

Truth: While you can expect a much lower credit score following your bankruptcy filing, smart credit management can help you build up your credit. Within 4-5 years, you may even be able to get into the 700 range. Once you’ve filed bankruptcy with a Gilbert bankruptcy attorney, you can immediately begin working on building up your credit with the following options:

• Adding new credit such as a secured credit card or small installment loan
• Making all of your payments on time, including rent, new debt, or Chapter 13 bankruptcy payments
• Using less than 30% of your available credit card balance

Myth: Filing for bankruptcy affects the credit of everyone equally, regardless of how much debt or how many loans were included.

Truth: Your credit score will consider details such as how much debt was discharged and the proportion of negative and positive accounts that you hold. If you had a relatively low amount of debt and/or only a couple of accounts in your bankruptcy filing, your credit score will likely be higher than someone who had a more severe bankruptcy.

Myth: All debts discharged by filing bankruptcy will disappear from your credit report.

Truth: While filing bankruptcy with an experienced Gilbert bankruptcy law office will help erase or settle your debts, those accounts will still remain on your credit report and affect your credit score for 7-10 years, depending on which type of bankruptcy you choose. However, the impact on your credit score will decrease over time. Federal student loans usually cannot be discharged by filing bankruptcy, so you may still be required to make payments on them.

Myth: After filing bankruptcy, you won’t qualify for a credit card or a loan.

Truth: Since credit cards are one of the best ways to build credit, it’s good to know that there are options for people with a challenging credit history. Secured credit cards, which require a security deposit, may be a good option and help build credit just like a traditional credit card. People who have filed for bankruptcy may also qualify for loans such as passbook, CD, or credit builder loans, that require collateral or a deposit. All of these will help build your credit as you pay them off, and are much easier to get because the lender is protected with your initial deposit.

Myth: Filing for bankruptcy will ruin your credit forever.

Truth: Filing for bankruptcy will severely damage your credit in the short term, but is only on your credit report for up to 10 years. After those 7-10 years, you’re free and clear. If you are able to establish good financial habits and build up your credit in the meantime, you may end up with stronger credit than ever.

Before you take the leap and file for bankruptcy, consult with a trusted Gilbert bankruptcy lawyer who can help you understand the facts about bankruptcy and credit scores. Good legal advice can help minimize the damage and give you a jump start on re-establishing your credit after you’ve filed.

Learn More with Gilbert’s Most Trusted Bankruptcy Law Firm

Put an end to burdensome debt and gain a fresh start when you work with the experienced team at Gilbert Bankruptcy Lawyers. Our zero money down program gives you the opportunity to get legal advice and make debt relief your reality without struggling to find the money to get started with a bankruptcy attorney. Eliminate your debt by scheduling your free consultation with one of our bankruptcy lawyers today!

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Divorce & Bankruptcy: Which Comes First?

Divorce is enough reason to consider filing for bankruptcy. If you have gone through a divorce, you may experience many financial problems, especially if you have to pay bills with a single income. 

Regardless of the reason for your bankruptcy case after divorce, you should always discuss the topic with your trusted divorce lawyer. Also, talk to your trusted Gilbert bankruptcy law office to get the best debt-free solution. 

Your divorce can impact your bankruptcy case, so be sure to read the following information before filing the bankruptcy petition. 

Domestic Support Obligations In A Bankruptcy Case

Domestic support obligations are not eligible for a bankruptcy discharge or debt forgiveness. Even after divorce, your domestic support obligations are still present. However, you can get bankruptcy help for past alimony or child support payments if you file for Chapter 13 bankruptcy. 

Since Chapter 13 bankruptcy works as a repayment plan, you can include past-due alimony payments in the plan. If the plan lasts up to five years, you will be able to complete it in 60 monthly payments.

A Chapter 13 bankruptcy case can help you avoid jail or other punishments if you cannot pay child support or alimony payments. But, you must make all upcoming domestic support payments on time.

Should I File For Bankruptcy After Or Before A Divorce?

You have many options for both divorce and bankruptcy. These options work more favorably depending on some factors such as your relationship with your ex-spouse, the property you have, the kind of bankruptcy you want to file, etc. 

Contact a Gilbert bankruptcy attorney to get better guidance for your case. Bankruptcy lawyers are always the best option to receive a realistic debt-free solution according to your current situation.  

Remember that many factors come into play when filing for bankruptcy before or after a divorce. It’s not the same as filing for bankruptcy with joint unsecured debts as filing with secured debts. Plus, it is not easy to understand the differences, hence the importance of contacting a lawyer. 

What Happens If I File For Bankruptcy First?

If you want to file for a Chapter 7 bankruptcy, filing for the bankruptcy petition first may be the best solution. We remind you that filing for bankruptcy jointly can be more expensive than filing as a single person. Besides, when filing for bankruptcy first, the court may discharge all your qualifying debt. 

Nonetheless, this alternative is eligible only for couples who are on good terms because it requires the cooperation of both parties during the bankruptcy. Keep in mind that Chapter 7 bankruptcy can last up to 120 days (or even more).

What Happens If I File For Divorce First?

If you earn less income than your spouse, filing for bankruptcy first won’t be useful. If you want to qualify for Gilbert Chapter 7 bankruptcy, you should file for divorce first. In some cases, both parties can qualify for bankruptcy and make a mutually beneficial debt-free solution.

Be aware of your combined income. If it is too high to qualify for a Chapter 7 bankruptcy, it may be best to file a bankruptcy petition after divorce. 

You can also file for divorce first if you are worried about owing spousal support.

What Happens If I File For Both Simultaneously?

You can file for bankruptcy and divorce simultaneously, but it is usually unnecessary. This method can delay paperwork for everyone involved. 

If you have already started the bankruptcy case and then decide to file for divorce too, the bankruptcy has to be concluded first. That’s because all assets and liabilities must be distributed before you reparse them during divorce procedures. 

In the end, we know that bankruptcy and divorce are emotionally-charged life situations, so you should not take them lightly. Do your research, analyze the pros and cons, and talk to a lawyer to get the best outcome. 

Who Can Help Me File For Bankruptcy?

It’s not easy to deal with the court system in Arizona. Contacting a Gilbert bankruptcy lawyer is usually the best move to get trusted and legal guidance during a bankruptcy case.

You and your spouse should be cautious about the best option in the long run. To help you with your bankruptcy doubts, we recommend you contact Gilbert Bankruptcy Lawyers. We have a well-experienced team of lawyers ready to help you get the best solution for your debts! Contact us now to schedule a FREE case consultation. 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Which Cases Of Bankruptcy End IRS Harassment For Good

Do you owe a lot of money to the IRS because of unpaid taxes? Then you may need to contact a Gilbert bankruptcy lawyer to obtain professional guidance. However, you should also read the information below to see which cases of bankruptcy might end IRS harassment for good.

If you’ve seen commercials offering a complete wipe out of tax debts in bankruptcy, be careful. It’s not as easy as it seems. You cannot wipe out most tax debts in bankruptcy, so you will probably continue to owe them at the end of your bankruptcy case. Read on to learn more about it.

How Filing For Bankruptcy Can Help Me With My Tax Debt?

Some tax debts may be eligible for discharge if you file for Chapter 7 or Chapter 13 bankruptcy. Chapter 7 can help you get a full discharge by liquidating assets, while Chapter 13 discharges debts with a repayment plan so you can pay debts little by little.

Regardless of the type of bankruptcy, your tax debts must meet certain criteria if you want to discharge them. This includes:

• Your taxes are only income taxes. You cannot wipe out payroll taxes or fraud penalties through bankruptcy.
• You did not commit willful evasion or fraud. If you willfully attempted to evade taxes, bankruptcy won’t help you. In this case, a Gilbert bankruptcy attorney is the best to receive the best guidance.
• Your tax debt must be at least three years old.
• You filed a tax return. This is crucial for the debt you want to discharge. You should have filed the tax return two years before filing for bankruptcy.
• You have to pass the 240-day rule. It means that the IRS assessed your income tax debt at least 240 days before you filed for bankruptcy.

What About Federal Tax Lien?

While bankruptcy can help you discharge some tax-related debts, others cannot be discharged the same way. Non-dischargeable tax debts include tax liens, property taxes, and employment taxes.

Bankruptcy cannot wipe out your prior recorded tax liens. Chapter 7 bankruptcy can discharge your obligation to pay the qualifying tax and help you keep the IRS away from your bank account. However, if the IRS recorded a tax lien on your property before your bankruptcy filing, the lien will stay on that property. In short, you will have to pay off the tax lien before transferring the property’s title to a new person.

When Should I File For Bankruptcy: Before or After Taxes?

This is a common question when filing for bankruptcy. It’s usually better to consult with a Gilbert bankruptcy attorney to get better advice, but we can help you out with the following recommendations.

If You File For Chapter 7 Bankruptcy:

The trustee will oversee your case and will ask you to show your most recent filed tax return. It doesn’t have to be the tax return for the last tax year, but if you don’t follow this rule, the trustee will ask for a specific explanation (through a written document).

The trustee will then compare the income you mentioned to the amount listed in the bankruptcy paperwork. Depending on that information, you may have to turn the refund over to the trustee. This way, the trustee can distribute the refund to your creditors.

If You File For Chapter 13 Bankruptcy:

You have to be up to date on your tax returns before filing for Chapter 13 bankruptcy. To make things easier, you can offer copies of the tax returns from the previous four tax years to the trustee. The only rule, in this case, is to offer these copies before the 341 meeting of creditors.

If you do not qualify for a return, your trustee may ask for an affidavit or letter explaining why.

Getting More Information With a Gilbert Bankruptcy Lawyer

If you can prove you meet all the specific criteria mentioned before, bankruptcy may be a great alternative for you. But, if you still have doubts about this topic, and you don’t know if filing for bankruptcy is your best debt-relief solution, feel free to request a free case consultation with Gilbert Bankruptcy Lawyer.

Our staff will help you schedule your consultation at your convenience. Contact us by phone or email to get started!

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

How Nonexempt Properties Are Crucial For a Bankruptcy Case

Declaring bankruptcy is tough. Just the image of experiencing financial issues and thinking of selling our most precious items is enough to be afraid. But, bankruptcy can be necessary in some cases, so it is crucial to know its ins and outs.

Learning the differences between exempt and nonexempt property is crucial for any bankruptcy case. Exempt property is a property that creditors cannot sell because those items are essential for your daily living. As you may guess, the nonexempt property would be the contrary.

To know more details about the nonexempt property, a Gilbert bankruptcy lawyer shares below some facts.

What Is The Meaning Of “Nonexempt Property”?

During a bankruptcy case, people sell some of their items to help them end part of the debt. These products are known as ‘nonexempt property’. Nonexempt property is the group of items that do not receive protection in bankruptcy and do not appear on the debtor’s exemption list.

Contrary to nonexempt property, exempt property refers to essential items for your everyday living, including things you need for work. Your home, your car, and professional equipment belong to the exempt property.

Nonexempt property in bankruptcy terms refers to items more related to leisure. In other words, things you don’t need for essential living.

Vacation houses, travel souvenirs, family heirlooms, and luxury items are usually part of the nonexempt property.

Although the differences are very clear, it’s always best to be sure by contacting professional lawyers. Bankruptcy lawyers always have the expert opinion to guide you in your case. This way, you can be debt-free without risking many items.

What Is Nonexempt Property For Chapter 7 Bankruptcy?

The type of bankruptcy you file for will decide what happens to your possessions. It’s extremely important to always contact a trusted Gilbert bankruptcy lawyer before deciding on your exempt and nonexempt properties.

Chapter 7 is the most common type of bankruptcy because its requirements are quite attainable. To file for this type of bankruptcy, you only need to have an income that’s not higher than the state median income. You shouldn’t have any bankruptcy discharge in the last six to eight years either.

The only inconvenience of Chapter 7 is time. Processing chapter 7 bankruptcy can take a long time, from four months to six months with a fee of USD338. With Chapter 7 bankruptcy, you must also accept a trustee to handle the estate containing non-exempt property.

The trustee will be responsible for selling your possessions with the generated profit used to pay off creditors. Priority debts like child support are normally the first to be paid off. Loans and credit card bills are the next ones.

Nonexempt properties must meet certain conditions in Chapter 7. It may seem like a good idea to save some of them, but you cannot forget about the guidelines. As long as you keep the guidelines in mind, there shouldn’t be problems.

In some cases, saving nonexempt properties can be helpful, as long as you consult with a Gilbert bankruptcy attorney. For example, if the trustee abandons the estate, which usually happens when they see that there’s not much value in the items.

What Happens If The Trustee Abandons The Property?

When the trustee abandons nonexempt property during a Chapter 7 bankruptcy case, they file for a Notice of Abandonment. This document informs creditors that they should not liquidate the properties mentioned. With this agreement, the debtor has control of properties once again.

Once the trustee finishes the process of abandonment, the debtor’s properties are released from bankruptcy. In that case, the debtor can either surrender the property, sign a new contract, file for surrender or keep the nonexempt property.

What Is Nonexempt Property For Chapter 13 Bankruptcy?

If you have an income higher than the median estate, you should file for Chapter 13 bankruptcy. You have to meet specific requirements apart from having that income. One is that your unsecured and secured debt does not increase its assigned limit.

You must also prove that you are capable of paying the repayment plan. This type of bankruptcy is not available for businesses.

With Chapter 13, the filer has to pay the nonexempt property to the unsecured creditors through the retirement plan. Chapter 13 Bankruptcy in Gilbert is usually trickier than Chapter 7, so you may need constant assistance throughout the process.

If you file for Chapter 13 bankruptcy, you will be obligated to pay your creditors through a retirement plan, meaning that you could end up paying them more if you want to keep your nonexempt properties.

Should I Contact a Gilbert Bankruptcy Lawyer?

Regardless of the type of bankruptcy you file for, it’s not recommended to do the entire process by yourself. You should always contact a bankruptcy lawyer.

That’s why we recommend you to reach out to Gilbert Bankruptcy Lawyer. Our team of experienced lawyers will give you professional guidance so you can obtain the best solution for your debts.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Learn The Basics Of Bankruptcy & Types of Petitions

Bankruptcy is a process you may go through someday. Dealing with debts is never easy, and avoiding foreclosure is not possible if you cannot get current payments for secured loans. With bankruptcy, you will have protection through an automatic stay, but you must meet some requirements first.

Before filing for bankruptcy, you should contact a Gilbert bankruptcy law office to get reliable guidance. Financial lawyers can help you get your fresh start in the best way possible. You can also read the information below to learn the basics about bankruptcy, including how much debt you should have.

What Is a Bankruptcy Petition?

The bankruptcy petition is the first of many forms you have to complete when filing for bankruptcy (although the entire process is usually known as a “bankruptcy petition”). When you file for bankruptcy, you must inform all of your financial details through official bankruptcy forms.

The bankruptcy case doesn’t start until you file the petition form with the clerk of the bankruptcy court. These forms are free, and you can download them through the U.S. Courts website.

There are four bankruptcy petition types:

• Voluntary Petition For Individuals: This form is for people filing a case on their behalf.
• Voluntary Petition For Non-Individuals: This form is for business entities that want to file for bankruptcy as a voluntary case.
• Involuntary Petition Against An Individual: This form is for creditors that force debtors into bankruptcy.
• Involuntary Petition Against A Non-Individual: This form is for a group of creditors forcing a corporation into bankruptcy.

Types Of Bankruptcy

The two most common bankruptcy forms are Chapter 7 and Chapter 13 bankruptcy in Gilbert. Chapter 7 is great for people who have debts with credit card bills, medical bills, and personal loans.

If you have non-exempt assets that you wouldn’t want to liquidate, Chapter 13 may be the best choice.

Keep in mind that both types of bankruptcy will stay on your credit report for many years after bankruptcy. But, the period with Chapter 7 is usually longer, so it will remain in your credit report for more years than Chapter 13.

Ask yourself the following questions to know which bankruptcy case is better for you:

• Are my debts mostly medical and credit card related?
• Am I behind on home mortgage and car payments? Do I want to make these up?
• Do I have a co-signer on accounts in arrears? Do I want to have them protected?
• Do my debts include student loans, recent taxes, and child support?

You must also follow the essential requirements. Firstly, you cannot file for a bankruptcy petition if you already filed for it in recent years. If you are filing for Chapter 13 bankruptcy, your total debt must be below USD394,725, and your total secured debt must be below USD1,184,200.

A Gilbert bankruptcy attorney can help you more with your case. Contact one if you consider filing for bankruptcy soon.

How Is The Bankruptcy Process?

Once the court approves your petition, you will receive bankruptcy protection immediately. With that protection, creditors and debt collectors cannot demand payments from you, so the creditor harassment will stop.

A bankruptcy trustee is always assigned. This part of the process will be ready once you finish your paperwork. The trustee determines if you currently have assets that can be liquidated to pay off any portion of the total debt.

Depending on the bankruptcy case, you may be able to keep assets up to a certain value, including your home, vehicles, work tools, and more.

After you declare bankruptcy, you will have to take a credit counseling and financial management course. This course is necessary to file bankruptcy Chapter 7 and get a bankruptcy discharge. Financial courses for this matter usually last from 90 to 120 minutes, and they help you understand your finances better so that you can restore your credit rating.

Contact a Reliable Gilbert Bankruptcy Lawyer

If you are considering filing for any type of bankruptcy, we recommend you contact a trusted bankruptcy lawyer. A great option is Gilbert Bankruptcy Lawyer, a local-owned law office that can help you identify the best strategy to pursue your debt relief. We will guide you through the legal process and help you file your case so you can become debt free! Contact us today to obtain a free consultation.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

How can bankruptcy affect my job opportunities?

Filing bankruptcy is never easy, but it’s great to get a fresh start. Nonetheless, you may already know that it does come at a cost, including preventing you from getting jobs in the private sector.

Personal bankruptcy does not affect your current employment per sé, but it can influence other job opportunities. Continue reading below to see the laws that apply, and check if you should contact a Gilbert bankruptcy attorney. 

Can My Employer Find Out About My Bankruptcy?

You don’t have to inform your employer about your bankruptcy. You don’t have to let them know you filed for Chapter 7 or 13. Most of the time, employers don’t even find out this information.

Notice that your employer can be asked to stop the wage garnishment because the debt was discharged. But, it only happens if your wages were garnished before. 

Another example is when jurisdictions ask you to pay your debts directly out of your paycheck, which will surely inform the employer. However, this situation isn’t that common, it’s indeed rare. 

Another rare example is when your employer is one of your creditors due to wage overpayment. In that case, the employer will be informed. 

Nevertheless, if none of these situations apply to you, your employer won’t find out unless you inform them directly.

Can I Be Fired Or Turned Down?

No, you cannot be fired just for bankruptcy, even if your employer finds out. Federal law protects debtors from employment discrimination. Employers cannot fire you for filing Chapter 7 or Chapter 13 bankruptcy. 

If you suffer discrimination, you should consult with a Gilbert bankruptcy attorney. A lawyer is usually the best option to understand your rights better. 

There’s one exception to this rule, and that’s related to a job application. You may be required to submit a credit report to complete a background check during a job application. In that case, private-sector employees can consider that information when hiring. 

In other words, they can consider hiring you or not AFTER checking your credit record, but ONLY when that’s a plus to other evaluations during the job application process, meaning that they cannot deny your application just because of the credit record. 

Take into account that private-sector employers can turn down your application if you don’t permit them to check your credit record.

Once again, remember that this is just a possibility. Most employers do not hire people based on credit scores unless the job is related to fields like bookkeeping or accounting. In the end, factors like skills, work history, and knowledge will be more important.

You should not feel ashamed of having bad credit. Many Americans have the same financial problems and they continue applying for numerous jobs. 

If you still have doubts about this topic, feel free to contact a Gilbert bankruptcy law office. A law firm can give you the best guidance related to bankruptcy laws so that you don’t stress about it while working or finding a job. 

Basics About Discrimination Laws And Bankruptcy

Federal law forbids both government and private-sector employers from discriminating against employees who file for bankruptcy. 

You can find these laws in the U.S. Bankruptcy Code, which is the federal law that reviews bankruptcy processes. 

Here’s a brief explanation of this code:

Regarding Government Agencies, Section 525 of the Bankruptcy Code says that they are prohibited from:

1. denying employment
2. terminating the employment
3. otherwise discrimination concerning employment

Any employee who’s a debtor. 

In short, government agencies cannot refuse to hire, fire, or discriminate against you just because you file for bankruptcy.

As for private-sector employers, Section 525 of the Bankruptcy Code remains almost the same as government agencies. But, there’s a difference, and that’s denying employment. 

Case law has interpreted this omission as intentional because private employers CAN deny employment to applicants who have filed for bankruptcy. However, it’s not that common.

What Should I Do If I Am Discriminated Against? Do I Need To Contact a Gilbert Bankruptcy Lawyer?

In conclusion, it is against the law to discriminate against citizens who file for bankruptcy. Unfortunately, that discrimination still happens.

If you think an employer or potential employer is discriminating against you because of your bankruptcy filing, first make sure there’s no other reason. It is hard to prove your debtor status was the only reason for your firing, especially if you had made other mistakes like showing up late or missing many days at work. 

It is more difficult to prove that you were turned down for a government job because of your bankruptcy case, so always be sure to research first before assuming anything. Better yet, you can contact a bankruptcy lawyer to examine your case and decide if there’s evidence of wrongdoing.

Feel free to contact Gilbert Bankruptcy Lawyers to learn more about bankruptcy laws and employment. Our team has the best experience and knowledge to work on your case and give you the best solutions for any issues you have. Plus, we can help you get the debt-free lifestyle you deserve. Take a look at our website or call us to get a free consultation! 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Crucial Factors You Should Know Before Filing Bankruptcy In Arizona

Are you struggling with your finances right now? You may already be thinking about bankruptcy, but you should know the basics first. Bankruptcy can be useful when having financial issues, but it won’t wipe out all obligations.

Bankruptcy can stop many lawsuits and other collection activities, but cannot get rid of student loans unless you prove a hardship. This is only one of the many things you should know about bankruptcy. 

Before discussing your options with a  Gilbert bankruptcy attorney, we invite you to read this blog to be well-informed about Chapter 7 and Chapter 13 bankruptcy.

What Can Bankruptcy Do?

Bankruptcy allows you to wipe out some debt obligations and get a fresh new start. Chapter 7 and Chapter 13 are the most common bankruptcy types, but each one provides different advantages. Plus, each chapter treats debt differently.

You have to choose the better chapter for you depending on your financial goals and needs. Therefore, it’s always better to contact a lawyer when thinking about bankruptcy.

Generally speaking, bankruptcy can stop creditor harassment and collection activities. The court orders an automatic stay as soon as you file to stop most creditor calls and lawsuits, but not all of them. Some creditors may still collect support payments, for example.

Bankruptcy can also stop a repossession, eviction, or foreclosure for a short-term period, but only if they’re still pending.

Evictions will come to half after a bankruptcy filing, but only if they’re still in the litigation process. The automatic stay can stop a repossession or foreclosure when filing for Chapter 7, but it won’t help you keep your property. On the contrary, with Chapter 13 you can catch up on past payments to keep the asset.

A Gilbert bankruptcy lawyer can be more helpful with this topic, so contact one if possible.

Things Exclusive In Chapters 7 & 13 Bankruptcy

Both Chapter 7 and Chapter 13 offer unique solutions to your financial issues. Take into account that the chapter you file will influence how quickly you will wipe out your debt. 

Chapter 7 takes three to four months to finish, while Chapter 13 allows you to pay back some portion of your unsecured debts through a three-to-five-year repayment system. Nonetheless, unsecured debt balances that remain after completing the repayment plan will get discharged. 

Chapter 7 is usually recommended for low-income filers, while Chapter 13 is better for people with enough income to pay at least something to debt creditors. 

In short, chapter 13 bankruptcy can:

• Stop a mortgage foreclosure and force the lender to accept a plan that allows you to make up the missed payments.
• Permit you to keep the unprotected property by a bankruptcy exemption. This allows you to save items you need to work and live using bankruptcy exemptions.
• Cramdown secured debts as long as the property is worth less than the amount you own. That’s because Gilbert Chapter 13 bankruptcy has a system that permits you to decrease an obligation to the replacement value of the property securing it. 

What Cannot Bankruptcy Do?

Now that you know what bankruptcy can do, take note of the things it cannot.

• Bankruptcy cannot prevent a secured creditor from repossessing or foreclosing a property you cannot pay. With a bankruptcy discharge, you can eliminate debts but you cannot eliminate items. Therefore, the lender can take the property, sell it at auction, and apply the necessary to a loan balance.
• Bankruptcy cannot eliminate child support and alimony obligations either. They survive bankruptcy, meaning that you will keep these debts in full, even after filing for the bankruptcy case. Additionally, if you choose to file for Chapter 13 bankruptcy, you will have to pay this debt in full. 
• Bankruptcy cannot wipe out student loans (some exceptions apply). You can discharge student loans only if you can prove that repaying the loan will cause you “undue hardship”, which is very difficult to prove. 
• Bankruptcy cannot eliminate most tax debts. This is indeed a very difficult thing to do, although it’s possible sometimes for older unpaid tax debts. 

Bankruptcy cannot wipe out other nondischargeable debts either (even if you contact a Gilbert bankruptcy lawyer), including:

• Debts you forgot to list in your bankruptcy list
• Debts for personal injury or death due to DUI
• Fines and penalties that were charged as punishments (for example, criminal restitution).

With Chapter 7, these debts remain until your case is over. But, with Chapter 13, you will have to pay these debts in full. 

Finally, bankruptcy may eliminate debts related to fraud, but it all depends on certain circumstances.

Need More Help? Contact a Gilbert Bankruptcy Lawyer

If you want to have a fresh start with your finances, contact Gilbert Bankruptcy Lawyers for a reliable solution. Our team of experienced lawyers will help you schedule a FREE consultation at your convenience so that you can be closer to a debt-free lifestyle. Reach out to us via website or phone to get started! 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

 

what happens when One Spouse Files For Bankruptcy?

There are different reasons you may need to file bankruptcy on your own. Maybe your spouse is not legally obligated, or they just refuse to file. Maybe you don’t want to wreck your credit, or they don’t want you to ruin theirs.

Regardless of the reason, you can consider bankruptcy on your own if you have a high income but are behind in debt payments and can no longer afford help from someone else.

In this article, a Gilbert bankruptcy lawyer will explain if filing for bankruptcy on your own can affect your spouse.

Does Filing For Bankruptcy Affect My Spouse’s Credit?

The short answer is no. People have separate credit bureau files attached to their social security number regardless of their marital status. Therefore, if the spouse isn’t a co-debtor or legally liable for the same debt, the bankruptcy shouldn’t affect their credit score. 

Nevertheless, if you and your spouse have joint debts, you may have to worry about a negative report on your spouse’s credit score, especially if they’re a non-filing co-debtor.

When a spouse files for A Chapter 7 bankruptcy to release the joint debt, it may appear on the spouse’s credit report too. Therefore, the creditor can take action against the non-filing spouse. 

Moreover, creditors are always notified about the spouse’s bankruptcy status, meaning they can bother the non-filing spouse to collect joint debts.

Things change a little with a Chapter 13 bankruptcy because it has a safety clause to protect a co-debtor who doesn’t file for bankruptcy. This clause forbids creditors from bothering co-debtors. However, the creditors can still contact the court to lift the say if the joint debt isn’t repaid through a repayment plan. 

Only an experienced Gilbert bankruptcy lawyer can give you the best advice about this topic.

Will We Lose Our Jobs After Filing For Bankruptcy?

Neither you nor your spouse will lose your jobs after filing for bankruptcy. 

Bankruptcy laws deny employers from hiring either spouse because of bankruptcy.   Besides, many employers don’t even realize there’s a filing for bankruptcy. If they find out, be relieved that they know you are getting a better financial outcome.

In short, you don’t have to worry about losing your job when starting this process. Your spouse should also be relieved.

What Will Happen To Our Property?

Bankruptcy won’t affect any property the non-filing spouse has on their own. But, if you have joint assets, the bankruptcy case will affect them depending on the state. 

There are some differences between a common-law property state and a community property state. In the case of a common-law property state, all individual assets and the spouse’s share of interests in jointly owned properties are part of the bankruptcy. But, properties that belong only to the non-filing spouse are usually not at risk.

With community property states, most assets and incomes during the marriage are considered community property, so they may belong to the bankruptcy estate’s property. 

A Gilbert bankruptcy attorney can give you more information about what happens with the joint property if you file for bankruptcy. 

Is It Better To File For Bankruptcy Together?

There’s no “one-size-fits-all” solution for this question.  There’s no rigid rule that says that both spouses have to file for bankruptcy together. It all depends on each scenario and financial situation. Therefore, you can get the best analysis about it by contacting a bankruptcy lawyer.

In some cases it is better to file for bankruptcy with your spouse, but in others, it’s better to do it on your own. 

There are many reasons for debt to remain in one spouse’s name in marriage. It may happen because the marriage is new, or because the spouse didn’t divulge the actual amount of debt to their partner. 

Uncontrolled use of credit is another reason to consider filing for bankruptcy in one spouse’s name in marriage, especially if the spouse in debt continues to use credit without the other spouse’s knowledge. 

Another reason to file for bankruptcy in only one spouse’s name is to protect the other spouse’s credit record. This is a common practice because it can benefit beaus of the non-filing spouse’s access to credit.

Is It Better To File For Bankruptcy Together?

There’s no “one-size-fits-all” solution for this question.  There’s no rigid rule that says that both spouses have to file for bankruptcy together. It all depends on each scenario and financial situation. Therefore, you can get the best analysis about it by contacting a bankruptcy lawyer.

In some cases it is better to file for bankruptcy with your spouse, but in others, it’s better to do it on your own. 

There are many reasons for debt to remain in one spouse’s name in marriage. It may happen because the marriage is new, or because the spouse didn’t divulge the actual amount of debt to their partner. 

Uncontrolled use of credit is another reason to consider filing for bankruptcy in one spouse’s name in marriage, especially if the spouse in debt continues to use credit without the other spouse’s knowledge. 

Another reason to file for bankruptcy in only one spouse’s name is to protect the other spouse’s credit record. This is a common practice because it can benefit beaus of the non-filing spouse’s access to credit.

A Gilbert Bankruptcy Lawyer Can Help You

Filing for bankruptcy doesn’t have to affect your spouse’s credit, but it’s always better to contact a top-rated lawyer to get the best outcome. With Gilbert Bankruptcy Lawyers, you won’t have to worry about your debts or financial issues because we can help you throughout the process. Our law firm will help you choose the best strategy to pursue depending on your goals and needs. 

Contact us now to get a free consultation! 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Aspects To Consider When Filing Bankruptcy As a Military Member

Filing bankruptcy is stressful and confusing, especially if you are a military member. If you are not sure if you can file it or not, then we are here to help. This blog will encompass all the information needed to answer that question and many more (including if you need a Gilbert bankruptcy attorney or not) so read on to find out!

All About Chapter 7 And Means Test Exemption

The “means test” is a requirement for filing bankruptcy in the U.S.

It involves calculating your income and expenses to determine whether you qualify for Chapter 7 bankruptcy. If your income is too high, you will have to file under Chapter 13 instead of Chapter 7.

However, military members may be able to exempt themselves from this process. If you are a disabled veteran or a member of the National Guard or Reservist, you may be exempt from passing the means test. But, you have to meet certain conditions.

Disabled Veteran Exemption

If you are a disabled veteran, then you don’t have to pass the means test if you got debts during these periods:

• while performing activities regarding homeland defense, or
• during active duty

Qualifying Disability

To pass on the means test, you must have a qualifying disability, which means:

• Your disability is 30% or more under the Secretary’s disability compensation rules.
• You were released from active duty because you aggravated your disability while on duty.

What Are The Limits and Exclusions in Active Duty?

A Gilbert bankruptcy law office is the best place to understand better the limits in active duty. What we can say is that not all disabled veterans who were injured during duty qualify for this exception.

Keep in mind that “active duty” means “full-time” military service (including attendance and training at military schools).

Only full-time National Guard duty is excluded from this term. However, you may still be entitled to the means test if you are in the National Guard (it depends on certain conditions).

Reserve Exemption

If you are a member of the National Guard or a reservist, you might qualify for the means test exception, but only if:

• You participated in homeland defense activities for at least 90 days (with a continuous period)
• You are filing bankruptcy 18 months after leaving active duty.

Exempt Assets for Veterans

Your benefits as a veteran may be exempt assets when you file for bankruptcy. However, if you live in a state with a federal bankruptcy exemption system, and you use the federal exemptions, then your benefits are exempt.

In other words, your state’s exemption laws may cover your veteran’s benefits too.

This is a delicate topic though, so you should not file for bankruptcy by yourself. Contact a Gilbert bankruptcy lawyer to get better help.

What Is The Servicemembers Civil Relief Act (SCRA)?

The Servicemembers Civil Relief Act of 2003 (SCRA) is a federal law in the U.S. that protects military members from debt collection circumstances. This law postpones and prevents:

• Debt collection default orders.
• Bank attachments.
• Evictions and wage garnishment.

The SCRA is mostly beneficial in non-bankruptcy situations, but it can also help you while in bankruptcy. This federal law can stop or delay contested or adversarial proceedings in bankruptcy for up to 90 days. This is viable after you leave active duty service, and it includes:

• Objections to discharge.
• Trustee actions regarding your property.
• Default complaints to choose discharge ability.
• Debtor’s examinations.
• Collection actions.

What Are The Bankruptcy Circumstances That Can Hurt My Military Application

Filing for bankruptcy per sé won’t prevent you from joining the military, but you still have to meet certain financial requirements to enlist.

Consider these potentially damaging bankruptcy issues before enlisting, as they can hurt your military application:

• Filing for bankruptcy many times.
• Discharging taxes and gambling debts.
• Having a dismissed case (by the court).
• Relapsing into bad financial situations after filing for bankruptcy,

When Should I Meet With A Gilbert Bankruptcy Lawyer?

In conclusion, military members do not file for bankruptcy the same as civilians. Military members have some differences in certain conditions, but it’s still important to contact a bankruptcy lawyer before continuing with the process.

At Gilbert Bankruptcy Lawyer we can help you out with your financial situation. Our attorneys can guide you through the legal process and help you file your case and become debt-free without much hassle! Contact our team today to get a free case evaluation.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Joint bankruptcy: Is It possible for married couples?

If your financial situation is still an issue due to medical bills, job loss, or consumer debts, then you may consider legal alternatives to get help. One of the options available is bankruptcy for married couples, but you must be careful when considering it.

You have to decide if you both need bankruptcy protection only after determining if you qualify for Chapter 7 (if your debts are discharged) or Chapter 13 (if you have a repayment plan).

Since this is a serious decision, you should seek experienced legal guidance. A Gilbert bankruptcy lawyer can explain your bankruptcy options so that you can stop creditors from calling.

Can Bankruptcy be filed mutually by married couples?

Married couples can file for bankruptcy together or individually. Couples that file together usually have joint debts, and they also have the legal preparation to do this process. However, spouses can file by themselves as well if they prefer.

This option can be beneficial depending on the financial situation of each spouse. If one partner has assets separate from a partner that needs debt relief, it may be best to file for individual bankruptcy.

You have to discuss whether you should file jointly or individually with a Gilbert bankruptcy attorney. It may seem like a smart move to file your bankruptcy to save money by using generic forms from the Internet. But, keep in mind that the court may dismiss your case if you get some information wrong. You can also be in trouble if you file as an individual and the court decides you acted in bad faith.

If you’re married and decide to file for bankruptcy independently, the court will look at the total household income. The court will also check the expenses to be sure you’ve filed properly.

In some cases, both are responsible for the case because of the total spent, even if only one spouse has run up the debt.

As you can see, this situation can be tricky and complicated, which is why it is always better to reach out to a Gilbert bankruptcy lawyer to discuss the complete financial picture with a professional perspective. You shouldn’t try to do any legal process alone, especially when filing for bankruptcy.

What are the differences between Filing Separately & Filing Jointly?

There are some notorious differences in both cases. Analyze them carefully before deciding what to do.

These are the reasons why you may consider filing for bankruptcy independently:

• Your spouse filed for bankruptcy in the last years (past 8 years) and cannot file for another one.
• You have a higher debt that’s not part of marital debt.
• If the debts aren’t marital and you didn’t co-sign with your spouse, the non-filing spouse’s credit record can be safe.
• Your partner has assets that shouldn’t be sold to pay the debts.

These are the reasons why you might want to file for bankruptcy jointly:

• You and your spouse receive a full set of exemptions under bankruptcy statutes.
• You also get co-signed loans, meaning that your bankruptcy won’t liberate your spouse’s obligations on co-signed loans.
• Most of your debt is marital and both parts need debt relief and also a fresh start for your finances (this is known as ‘marital debt’).

There are many reasons why couples want to file bankruptcy individually or jointly. Just remember that your spouse’s income matters even if he or she does not file with you. Income is always important in bankruptcy, and it determines which type of bankruptcy a person qualifies for.

contact a Gilbert bankruptcy attorney If you’re married & want to file for bankruptcy

Are you looking for a fresh start but don’t know if you should file for bankruptcy with your spouse? Don’t worry, we’re here to help you! Our Gilbert Bankruptcy Lawyers understand that financial problems can take a huge toll on your mental health, and we know that you want to stop debt collector harassment. Our qualified bankruptcy lawyers can help you with your situation, and decide which kind of bankruptcy is best for you.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Understanding Bankruptcy: Dischargeable & Non-Dischargeable Debts

Understanding what is and is not dischargeable in bankruptcy is important, especially if you have certain fines based on a past criminal conviction. Bankruptcy may be a good decision, but you may still have some debts once it’s over.

The best you can do is to go into a bankruptcy process with caution. You can also get well-informed by contacting an experienced Gilbert Bankruptcy lawyer. Read the information below to learn more.

What is a ‘Discharge’ in Bankruptcy?

A ‘discharge’ in bankruptcy is when the court releases you from a specific debt. This way, you don’t have to pay for it anymore, and the creditor doesn’t come after you.

Discharge is specific, meaning that it only works for certain debts. A bankruptcy court may discharge some debts and not others. In other words, the court doesn’t necessarily discharge all of your debts, so you have to be very careful with it.

Besides, the discharge is often automatic unless a creditor objects to it. For example, some courts present a discharge in Chapter 7 when the time limit to file an objection is up (normally four months after you file).

Other chapters like Chapter 13 require you to opt for a payment plan for 3 or 5 years. After you finish the plan, the court offers you a discharge if you’re qualified. However, discharge under a Chapter 13 bankruptcy is more difficult, so you should talk to a Gilbert bankruptcy attorney to get better assistance.

Is it possible to discharge criminal fines in bankruptcy?

A criminal fine cannot get discharged. If you were found guilty of a crime, you may owe court costs and fines. You’ll have these debts whether you complete your bankruptcy case or not. Take into account that not all fines come from a criminal case.

You have to differentiate fines from civil action by a state and fines from the criminal court process. Civil fines and fees may qualify for discharge, contrary to others.

This information can be a little confusing, and it can vary depending on personal circumstances, so you can always contact a Gilbert bankruptcy law firm. Contacting a bankruptcy lawyer is always the best option if you aren’t sure whether the fines you owe are civil or criminal.

What debts can be discharged in bankruptcy?

The court can discharge all types of non-priority and unsecured debts. Some of them are medical bills, utility bills, rent, credit cards, as well as loans without collateral. But, there are some exemptions. A bankruptcy court doesn’t usually discharge the following:

• All kinds of taxes
• Unlisted debts (by the debtor in court documents).
• Spousal and child support.
• Debts for malicious injuries to properties or people.
• Debts to governmental units for penalties or fines.
• Student and federal loans.
• Debts for personal damages caused by drunk driving.
• Debts for specific tax-advantaged retirement plants.
• Cooperative housing or specific condominium fees.

There may be other reasons why the bankruptcy court decides not to approve the discharge. For this reason, accurately recognizing what type of fines you have is important to choose the best strategy in court. It doesn’t have to be filing for bankruptcy, although it can be of great help in some cases.

The dischargeable debts also depend on the bankruptcy chapter. It’s not the same filing for Gilbert Chapter 7 Bankruptcy as filing for Chapter 13.

You can discharge debts once you finish a Chapter 13 repayment plan that you cannot discharge with Chapter 7. Say, the non-criminal fines you owe the government can be discharged in Chapter 13, but they can’t be discharged in Chapter 7.

Where can I learn more about bankruptcy?

No one chooses bankruptcy because of one expired bill. Most people are behind on numerous debts like auto loans, credit cards, student loans, court fees, and so on. That’s because filing for bankruptcy is never easy. It is a delicate financial matter that can impact credit opportunities. However, it is also a necessary process to get a fresh start.

Contact a Gilbert Bankruptcy attorney for debt relief

If you’re past due on many debts, and you have no idea where to start your debt relief, contact our Gilbert Bankruptcy Attorneys. Whatever has caused you to find yourself in a financial crisis, Gilbert Bankruptcy Lawyers guarantees that there is hope for your situation! Call or use our online form to schedule your case evaluation today.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

How Often Can You File For Bankruptcy In arizona?

Filing for bankruptcy is not a one-time thing. You can do this process more than once in a lifetime because there’s no limit to how many times you can file. However, there are period limits between filing dates.

Depending on your situation, you could file for bankruptcy but not receive a debt discharge, so you have to be very cautious. Besides, you have to consider that the time limits depend on what Chapter you file under, and the U.S. Bankruptcy Laws always determine these time limits.

Our professional Gilbert bankruptcy attorneys have summarized some points to know how often you can file up for bankruptcy.

What Are the Wait Times Between Bankruptcy Filings?

These depend on the Chapter to Chapter Options, which are:

• Chapter 7 to another Chapter 7 bankruptcy: 8 years
• Chapter 7 filing for Chapter 13 bankruptcy: 4 years
• Chapter 13 filing for Chapter 7 bankruptcy: 6 years (you can also pay in full on Chapter 13 repayment plan)
• Chapter 13 to another Chapter 13 bankruptcy: 2 years

These wait times prevent overuse of the system and high credit card debts that cannot be paid.

Why You Should Switch Your Bankruptcy Filing From The Last Chapter

Your repayment plan will change depending on the type of bankruptcy you file. It will also change the number of unsafe debts you owe as well as the amount of time the bankruptcy remains on your record. That’s why it’s always better to file for a different bankruptcy than the one you used in a previous case.

A Gilbert bankruptcy lawyer can help you understand the best options to pay for your debt comfortably. A lawyer may not change the time limits between filing dates, but it’s the best choice to decide if changing your Chapter is wise. Besides, a professional attorney can also help you file as soon as the date is available.

These are some of the strategies to complete your second bankruptcy filing:

• Changing from Chapter 7 to Chapter 13: If you pay your debts during Chapter 7, you can file a Chapter 13 to create a repayment plan to pay off the tax debts that were not released during Chapter 7.
• Changing from Chapter 13 to Chapter 7: The six-year waiting lapse can be removed if you pay back the entire unsecured debt to creditors. You may even have to pay back only 70% of unsecured debt.
• Repeating Chapter 13: This strategy is common to handle student loans or tax debts repayment because these debts cannot be discharged.

What do with Numerous Bankruptcies on Your Credit Report

You may need help with a Gilbert bankruptcy lawyer to get the best help in filing for multiple bankruptcies. You may also need to consider a court date in between filings.

An automated stay can expire before your next bankruptcy discharge is registered. You have to make sure that the discharge is ready before the automatic stay ceases.

Also, be aware of your credit report language, it will always let you know about your filing and status date.

Having numerous bankruptcies on your credit history normally indicates you have a hard time finding low-interest rates, so you will have a poor credit score for over a year.

Chapter 20 Bankruptcy: Filing bankruptcy before the time limit is up

The time limits indicate how long a debtor must wait to release debt through another bankruptcy. If you don’t want another debt discharge, but you want a plan to organize your remaining debts, filing a Chapter 13 after a Chapter 7 discharge may be an excellent option.

The “Chapter 20 bankruptcy” is the informal name for filing Chapter 7 and Chapter 13 in succession. This process tends to be complex, and many courts don’t allow a double filling before the time limit is up. Hiring a Gilbert bankruptcy attorney is very helpful in this case.

Consider the pros & cons of Double Filing

Pros:

• Getting a Chapter 7 discharge and filing for Chapter 13 right away can give you more time to pay back debts that you cannot discharge.
• If you need more time to pay off your debt, you can file for a second Chapter 13 to get more time instead of having automatic wage garnishment.
• If you did not get a discharge during the first filing, you could get one in the second filing.

Cons:

• If you file too early, you cannot have another debt discharge until the time limits have finished, and that could make you waste much money and time.
• If the judge notices that you have filed again “in bad faith”, they will stop the automatic stay, unless you prove you filed in good faith.

Contact a Gilbert Bankruptcy Lawyer Today!

Filing for bankruptcy can be difficult, especially if you do the process by yourself. Contact Gilbert Bankruptcy Lawyers to get the most effective path to get debt relief. Whether you need help with a Chapter 20 Bankruptcy, or you want to know the best way to pay off your debts, we are always ready to help you! Contact our Gilbert Bankruptcy attorneys today to get your consultation as soon as possible!

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

HOW DOES DIVORCE AFFECT my bankruptcy filing?

Divorce can be an intense and stressful process, even in the best of circumstances. But if you are struggling with debt, the process can be made so much worse. Many people lose assets and suffer serious financial setbacks because of a divorce. They have to learn how to go from living on two incomes to just one. If you already have debt before then, divorce can make your financial situation worse.

If you are going through a divorce, you may start thinking about filing for bankruptcy as a way to manage your overwhelming debt. But you will need to talk to a Gilbert experienced bankruptcy attorney to learn more about your options. Depending on your personal circumstances, it may be better to file for bankruptcy before your divorce is finalized, or it may be better to file afterward. The laws are complex, so you need to consult with an experienced lawyer to understand how they apply to your particular circumstances.

bankruptcy filing before the Divorce

You may have accumulated a lot of debts during your marriage, or your spouse may have accumulated a lot of debts independently of you. Debts will be divided between the two spouses in the divorce, just like assets will be. If you want to avoid taking on more debt from your soon-to-be ex, you may want to file for bankruptcy before the divorce is final.

Know that if you file for bankruptcy while you are still legally married, your spouse’s income will be considered in addition to your own. Therefore, you may not qualify for Chapter 7 bankruptcy, which provides a total discharge of unsecured debts, but which also has strict income requirements.

Filing after the Divorce: A clearer picture of your estate

It may be better for you to file for bankruptcy after your divorce because everything will be settled with the division of your debts and assets, and you will likely have a lower income. You will have a clearer picture of your estate, and you will be more likely to qualify for Chapter 7 bankruptcy.

After the divorce, you will also have a confirmed order for spousal support or child support. If you have to pay a lot to spousal support or child support, that may significantly reduce your disposable income, which may make it easier for you to qualify for Chapter 7 bankruptcy.

should i file for bankruptcy and divorce at the same time?

You can simultaneously file for bankruptcy and file for divorce at the same time. However, doing so will make both your bankruptcy and your divorce more complex, and it could delay the resolution for each. You cannot move forward on your bankruptcy filing without a clear picture of your finances, which means you need a resolution for the division of assets and debts. You also cannot get a clear division of assets and debts if some of your debts are currently under review to be discharged in bankruptcy or some of your assets are currently under review to be liquidated to pay off debts.

If you insist on filing for bankruptcy and divorce simultaneously, just make sure you work with a good Gilbert bankruptcy attorney and a good divorce attorney to guide you through the process. They’ll advise you on strategies to move through the process more quickly while also protecting your interests.

No matter what strategy you decide – filing for bankruptcy before or after your divorce, or even simultaneously – it is important that you work with an experienced bankruptcy lawyer on the process. Your attorney will ensure that your filing is complete and accurate, and your lawyer will advise you on the best steps to take throughout the process to ensure a timely discharge and the maximum debt relief.

Contact Experienced Bankruptcy lawyers in gilbert

Gilbert Bankruptcy Lawyers are ready to help you get the debt relief you need through bankruptcy protection. We can help you understand the best steps to take if you are in the process of divorcing or know you will be soon. We’ll carefully review your finances and make tailored recommendations for how to use bankruptcy most effectively to meet your goals, including discharging as much debt as possible and protecting as many assets as possible. Call us in Gilbert today to schedule a free consultation with a bankruptcy attorney.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Bankruptcy Discharge: How to rebuild your credit

Many people shy away from bankruptcy because they worry what it will do to their credit. But the truth is that continuing to struggle with debt that you cannot pay will have a much bigger negative impact on your credit. If you have struggled for a while, you likely have a lot of missed or late payments on your record, high credit balances, and a lot of credit applications. In that case, filing for bankruptcy can actually improve your credit by wiping out those balances and putting an end to your debt problem.

But you will still have to do a little work to rehab your credit, whether you file for Chapter 7 bankruptcy or Chapter 13 bankruptcy. Usually, you can expect your credit to be healthy enough to get approved for loans within two years, but if you are vigilant, you can get there a little faster. Here are a few things you can do to rebuild your credit score after your bankruptcy discharge:

CreatE a Budget & STICK to It

The first thing you’ll need to do to rebuild your financial health is to create a realistic budget. Make a list of all your expenses, and then build in a little extra for unexpected expenses or for fun things. Compare that to your income and ensure that your expenses do not exceed it. If they do, find ways to lower your expenses or raise your income so that you are always living within your means.

Then, continue to spend only within your budget. Do not use credit to buy things outside your budget. Living within your means will go a long way to ensuring that you never get into a financial situation that you can’t handle.

BUILD UP YOUR SAVINGS

You never know when a financial emergency will arise. To avoid taking on more credit and possibly having more trouble with debt. You can help to avoid this situation by building up your savings.You may find it difficult to put aside too much at first, but any little bit you can save will help.

Create a separate account to keep your savings so that you don’t feel tempted to spend it. With the right account, you can also earn a little interest, helping your savings to grow more quickly.

get a small line of credit

When you’re ready, you can apply for a small line of credit, such as through a gas credit card or store credit card. Keep this account current and pay it on time, and you’ll see your credit score rise slowly but steadily.

You can also consider getting a secured line of credit, asking someone to co-sign on a line of credit for you, or becoming an authorized user on another account. Any of these can help you get credit if you can’t get it on your own.

keep your credit balances low

Whatever kind of credit you get, use it sparingly. Keep your balances low to ensure that you are always able to pay the account and to protect your credit. Your credit score will drop if your balances are too close to your limits. Aim to keep the balances under 28 percent of the total limit.

keep credit applications at a minimum

Every time you apply for credit, there is an inquiry on your credit report. Excessive inquiries will lower your credit score. So if you apply for credit and are denied, wait a while before you apply again. Numerous applications will make it look like you are struggling financially and are turning to credit to solve your money woes.

pay all your bills on time

No matter what else you do, always pay your bills on time. Even paying your cell phone or your car insurance bill on time will help you establish a positive credit history. Paying on time will also keep your balances in check so you do not reach a point where you can no longer manage your debt.

Be consistent in your efforts to rebuild your credit, and you will slowly see your credit improve after your bankruptcy. You will be able to qualify for new lines of credit, including a home loan or a car loan. But the first step to managing your overwhelming debt and getting on that road to financial recovery should be to talk with a Gilbert bankruptcy lawyer about your options for debt relief.

Contact bankruptcy lawyers in gilbert

Call Gilbert Bankruptcy Lawyers today to learn more about how Chapter 7 bankruptcy or Chapter 13 bankruptcy could help you manage your debt. You may qualify for a total discharge of your debt, or it may be more beneficial to reorganize your debt under a repayment plan that you can actually afford. Call us in Gilbert to schedule a free consultation with a bankruptcy lawyer and learn more.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

How Bankruptcy Affects Your Car Insurance Payments

When you’re thinking of filing for bankruptcy, you’re likely thinking of things like credit card bills and an overdue home loan. You likely aren’t thinking about other bills, like your car insurance. In fact, you may have even decided to stop paying your car insurance and other bills so that you could put your resources toward more important items. 

However, as any Gilbert bankruptcy attorney will tell you, it is very important that you continue to pay your car insurance bill. Failure to maintain the required car insurance could have a lot of consequences, including jeopardizing a Chapter 13 bankruptcy petition. In an effort to save yourself some money, you will end up costing yourself a lot more. 

Required Car Insurance

By law, you must maintain a minimum amount of insurance on your vehicle to drive it. In Arizona, you are required to carry bodily injury liability coverage with a minimum of $25,000 per person or $50,000 per accident, property damage liability coverage with a minimum of $15,000, and uninsured and underinsured motorist bodily injury coverage with a minimum of $25,000 per person or $50,000 per accident.

However, the bankruptcy court will likely require more than the minimum if you are still financing your vehicle. The bank that has lent you the money for your vehicle has an interest in protecting that investment, and proper insurance must be maintained to protect against damage or loss. Otherwise, you may decide to stop paying the loan if the vehicle is damaged.

Bankruptcy court requires that you maintain “full coverage” insurance on a vehicle that is being financed. Full coverage includes both collision and comprehensive insurance. The court may even ask for documentation of the insurance, which should also identify the lienholder. 

Consequences for Lapsed Car Insurance

If you cannot provide proof of insurance to the bankruptcy court, or if the court discovers that your car insurance has covered, it may object to your Chapter 13 bankruptcy plan. Once that happens, you will have 10 days to provide proof of coverage. Or, if you do not have coverage, you will have 10 days to get the insurance you need and to provide evidence of it to the court. 

Failing to meet this requirement may result in severe consequences. For example, the court may grant the lienholder relief provisions, which would give them permission to repossess the vehicle. Or you may be forced to purchase insurance through the court, which would end up being much more expensive and would not provide needed coverage to you. The insurance purchased through the court would only provide protection for the lienholder. If you were to be pulled over and you showed the court-purchased insurance, you would end up being fined since that insurance would not be sufficient to cover your legal obligations. 

Stay ahead of this situation by prioritizing your car insurance bill each month and keeping your policy current. 

Hire a Gilbert Bankruptcy Lawyer to Get Debt Relief

You shouldn’t have to figure out which bills to pay each month to get by. You should be able to have car insurance and other necessities to protect your quality of life. Filing for bankruptcy may be able to help you get the debt relief you need so you can take back control of your finances and regain stability. Chapter 13 bankruptcy allows you to reorganize your debt under an affordable repayment plan that lasts three to five years. You may be able to save your car from repossession or your home from foreclosure. 

Gilbert Bankruptcy Lawyers are ready to help you get the debt relief you need through bankruptcy protection. We represent clients seeking to reorganize their debt under Chapter 13 bankruptcy, as well as those seeking to have their unsecured debts discharged through Chapter 7 bankruptcy. We’ll review your finances and help you understand which chapter of bankruptcy is most likely to meet your needs. We require zero money down to file bankruptcy, and we offer a free consultation. We also offer affordable fees so that you do not have to struggle further in your efforts to get debt relief. Call us in Gilbert today to schedule a consultation with a bankruptcy lawyer.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

 

Understanding Emergency Bankruptcy Petition

Some people come to a Gilbert bankruptcy attorney because they have finally had enough struggling with debt, and they want to seek the protection available to them under the law. Some people come to a bankruptcy lawyer in Gilbert because they are looking at a clock quickly ticking down to the bank coming to take their house or their car. They need to act fast, or they have a lot more to lose than a few more points off their credit score. 

An emergency bankruptcy filing allows these people to get the protection of the automatic stay quickly. With an emergency filing, you need only submit a few documents, allowing the automatic stay to be implemented immediately so you can put a stop to foreclosure proceedings or other legal action. Then you have 14 days to submit the rest of the required documentation and to continue with the bankruptcy proceedings. 

Forms Required for an Emergency Bankruptcy Filing

The primary form you will need for an emergency bankruptcy filing is the bankruptcy petition itself. The petition will be specific to the type of bankruptcy you are filing, either Chapter 7 bankruptcy or Chapter 13 bankruptcy. Each type will require different information, and your Gilbert bankruptcy attorney will walk you through that step-by-step. Your attorney will request all the needed information and complete the form, then review it with you in detail before submitting it. 

In addition to the petition, you will need to submit a list of all your creditors and their contact information. You will need to also include people who may be involved in collecting a debt, such as a collection agency or sheriff. 

You must complete a credit counseling course before you can file for bankruptcy, and you will have to submit proof of that completion with your bankruptcy petition. You must also submit a Form B121, which involves providing your Social Security information.

Finally, you will have to pay the bankruptcy filing fee when you submit your petition. You can apply for a fee waiver, or you can apply to be able to pay your fee in installments. You must meet certain criteria to qualify for either option, and your bankruptcy attorney in Gilbert will counsel you on what to expect. 

Additional Forms that May be Required

There may be scenarios in which the court requires additional forms or documentation with the bankruptcy petition, even when it is an emergency filing. It is essential that you comply with all the requirements, or else you risk having your petition dismissed entirely. 

One form that is commonly requested to be submitted is an order of dismissal that will be put into effect if the applicant does not submit all the required documentation for the bankruptcy petition with the 14-day time frame. Other times, the court requests a cover sheet to outline all the forms that are being included in the bankruptcy petition. These and other requests may seem trivial to you, but they are not optional. Follow the directions of the court to the letter or risk getting the debt relief that you so desperately need. 

Your Gilbert bankruptcy attorney will help you understand all that is required for your emergency bankruptcy petition, as well as throughout the bankruptcy process. You will have to provide a lot of follow-up documentation, as well as complete additional education classes and attend meetings. Your attorney can give you tips for how to expedite the process so that you get the discharge you want as quickly as possible – or, in the case of Chapter 13 bankruptcy, you start your repayment plan as quickly as possible. 

Gilbert Bankruptcy Lawyers are ready to help. We can file an emergency bankruptcy petition to help you fast-track the bankruptcy process and get protection under the automatic stay as quickly as possible. We represent clients in Chapter 7 bankruptcy and Chapter 13 bankruptcy, and we can help you figure out which will give you the maximum benefits. We offer a zero down bankruptcy filing with affordable fees. Contact us in Gilbert today to schedule a free consultation with a bankruptcy lawyer to learn more about your options. You can stop the creditor harassment and get the debt relief you need. 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Gilbert’s Expert Bankruptcy Attorneys Explain The Different Methods For Valuing Your Home In Bankruptcy

When you’re struggling with debt, the last thing you want is to have to lose your house also. Many people look to filing for bankruptcy to put an end to their debt problems before they get to the point that they can’t pay their mortgage and lose their house. But many people also worry that filing for bankruptcy will result in the seizure of their house to pay their creditors.

The good news is that you are able to exempt some of your personal property from your bankruptcy estate, and most homeowners will not have to worry about losing their homes. It is important for you to talk through your particular circumstances with a Gilbert bankruptcy attorney so you know how bankruptcy laws apply to your case, specifically.

Arizona Homestead Exemption

Every state has a homestead exemption that specifies how much home equity you are able to exempt from your bankruptcy filing. In Florida, the entire home is exempted, regardless of its value. Other states have much stricter allowances, like Alabama, which has a $15,000 exemption, or Kentucky, which has only a $5,000 exemption.

Fortunately, Arizona is one of the state’s with a generous exemption. You can exempt up to $150,000 in home equity from your bankruptcy estate. Unlike other states, Arizona does not allow you to double that exemption for married couples. The exemption remains the same for single people or for couples.

How Home Value Figures Into a Bankruptcy Filing

You will need to determine how much your home is worth to know if it can be included in the homestead exemption. If you are filing for Chapter 7 bankruptcy and the home value exceeds the exemption, the bankruptcy trustee can seize the home and sell it to satisfy your debts. You cannot dismiss your bankruptcy filing just because you find out that the home is valued at more than you thought and now don’t want it to be taken. You will need to have a solid valuation of the house before you file.

If you are filing for Chapter 13 bankruptcy, you can keep your home, regardless of its value. However, you will have to pay an amount equal to the non-exempt equity you have in the house (anything over $150,000) to your creditors in your restructured repayment plan.

Valuing Your Home

There are a few ways that you can show the value of your home to the bankruptcy trustee, and your bankruptcy attorney will help you determine which is best. Do not use your city or county tax appraiser’s valuation, as these officials often use questionable criteria to value the property, and the value is often disputed by other experts. Also avoid using a quick sale value, as this would not be applicable to a bankruptcy proceeding. The bankruptcy trustee would also use a real estate agent to sell the property and would market it appropriately. The trustee would not have to settle for a quick sale amount.

Here are a few of the options for valuing your home properly:

Private Appraisal

Hiring a home appraiser is the most effective way to get an accurate appraisal, but it is also the most expensive. You can pay $500 or more for the appraisal.

Market Analysis

A less expensive yet still effective option would be to hire a licensed realtor to provide a comparable market analysis that looks at the sale of homes similar to yours in your area to determine value.

Website Data

The free option for valuing your property is to use a real estate website like Trulia.com or Zillow.com. These websites always offer an estimate of your home’s worth based on recent sales in your area and other factors.

Your Gilbert bankruptcy attorney will review these and potentially other options for valuing your home with you to let you know which will get you the most accurate valuation and will be most likely to be accepted by the bankruptcy trustee. It is important that you have a proper valuation of your house at the outset of your bankruptcy filing so you can make the most informed decision about your options.

contact professional bankruptcy attorneys in gilbert

The bankruptcy attorneys at Gilbert Bankruptcy Lawyers are ready to help you explore your options for debt relief through bankruptcy protection. We’ll review your finances to give you a better understanding of how your home and other assets will be impacted in a bankruptcy filing, and what benefits you can get from filing. We represent clients in Chapter 7 bankruptcy and Chapter 13 bankruptcy throughout the Gilbert area. Call us today to schedule a free consultation with a bankruptcy attorney and learn how you could become debt free.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

8 Signs You Should Think About Filing For Bankruptcy

We all run into financial trouble from time to time. Expenses go up unexpectedly, or we change jobs or experience some other change in income. Sometimes, we’re able to weather the storm (usually with the help of savings), but sometimes, we aren’t. Many people end up using credit cards or taking on other debt to deal with their financial crisis, or they face a crisis caused by overspending on the credit cards themselves.

Filing for bankruptcy can provide some needed debt relief, but many people tend to delay it in an attempt to get a handle on their debt themselves. Here are some warning signs that your debt might be getting out of control and you need to think about seeking protection under bankruptcy:

You Rely on Credit Cards

Many people use a credit card or two every now and then. But if you are at the point where you are using credit cards to pay for the basics because you can’t afford to pay with cash, you might be in trouble. Likewise, you might be in over your head if you are constantly using your credit cards and your balances just keep growing.

A Chapter 7 bankruptcy filing can discharge all your credit card debt if you qualify. Not only will it get rid of that crippling debt, but it will also free up the cash you need to pay other debts, such as your car or home loans.

You Have Delayed the Necessities

Has it been a couple of years since you went to the dentist? Or are you driving around with a bumper hanging off your car? If you are putting off taking care of the necessities because you don’t have the free cash, chances are that you have become mired in debt. Filing for bankruptcy may be able to help you get rid of debt or get it under control so that you are able to afford what you need again.

You are Considering Loans

Have you gotten to the point where you are thinking about taking out a payday loan or a title loan just to get through the month? That’s usually a point of desperation for most people because their credit scores are so bad that they can’t get more reasonable loans.

If you aren’t able to get by on your income alone, bankruptcy can help you eliminate some or all of your debt so that you can get your finances under control. Taking out one of these high-interest loans would only add to your debt crisis.

Your Phone is Ringing Off the Hook

Once you miss a payment, even by a couple of days, your creditor is going to start calling you to ask that you make arrangements. And they will keep calling every day until you pay or you make a plan to pay. The more payments you miss with the more creditors, the more your phone is going to ring. You may start to dread picking up the phone. If you are at that point, it’s likely time to talk to a Gilbert bankruptcy attorney.

You Have Received a Summons from a Creditor

Your creditors won’t keep calling forever. Eventually, they will move to take legal action against you. If you have received a summons from a creditor, it means that your creditor has filed action.

You can talk to an attorney to defend the suit, but chances are not good that you will prevail if you actually owe the money. You will have a better outcome if you talk to a bankruptcy attorney in Gilbert. Filing for bankruptcy will trigger an automatic stay, which will put a stop to all legal action until your bankruptcy is discharged (which will also likely result in the debt in question being discharged).

Your Wages or Accounts are being Garnished

If your creditor wins a judgement against you, your wages may be garnished or your bank accounts seized. The best thing to do is take action before this starts. However, at any point, you can still file for bankruptcy, and the automatic stay will still put an end to the garnishment. If the debt related to the garnishment is discharged, the garnishment will end for good.

You Have a Deficiency Balance

If your home is foreclosed on or your vehicle is repossessed, that may not be the end of your trouble. The sale of the home or car will be put toward what you owe. However, if the sale did not bring in enough, you may still owe your creditors.

If you didn’t have enough to save your home or car from being taken, chances are not good that you now have enough to pay this deficiency balance. Call a Gilbert bankruptcy attorney to explore your options for bankruptcy protection.

You Have Insurmountable Medical Bills

An illness or injury can quickly lead to excessive medical bills, even if you had insurance. Fortunately, medical bills are usually quite easy to discharge in bankruptcy. Rather than succumbing to financial turmoil after your medical ordeal, you can have these bills discharged in bankruptcy and move forward with physical and financial health.

If you are experiencing any of these warning signs, or are struggling in some other way with debts, it’s time to call Gilbert Bankruptcy Lawyers. Our bankruptcy attorneys will help you understand how Chapter 7 bankruptcy or Chapter 13 bankruptcy could give you needed debt relief and a fresh financial start. We’ll analyze your personal finances and help you understand your best options for maximizing debt relief and protecting any assets you may have. Call us in Gilbert today to schedule a free consultation with a bankruptcy attorney and get started.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Is it right to apply for a home loan after filing chapter 7?

Filing for Chapter 7 bankruptcy can provide the financial relief you need after years of struggle. You can have all your unsecured debts, like your mounting credit card bills, discharged, leaving you with a fresh slate. You’ll have the money you need each month to take care of the basics, plus a little extra. You’ll also start rebuilding your credit, which has likely suffered from months or years of late payments or missed payments.

Some people worry that after they file for Chapter 7 bankruptcy, they won’t be able to move forward with other financial goals, like buying a home, because their credit will have a big black mark from which they cannot recover. While it is true that bankruptcy will be considered on your negative, it is not true that it will devastate your credit. In fact, it can help you recover more quickly, in many cases.

Know the Different Loan Options

There are different options for getting a mortgage, and the type of loan you are trying to get will determine how much time needs to pass after your bankruptcy discharge. A lender will look closely at your overall financial circumstances and credit history to determine whether to award you a loan. However, general guidelines for getting a mortgage loan after a bankruptcy are:

• Federal Housing Administration (FHA) loans – two years
• Department of Veteran Affairs (VA) loans – two years
• U.S. Department of Agriculture (USDA) loans – three years
• Conventional bank loans – four years

You will need to meet certain guidelines to qualify for one of these loans with a lower waiting period after filing for bankruptcy. For example, to qualify for a USDA loan, you have to buy a home in a rural area. Most bankers can arrange for these kinds of loans, so just talk to someone in the mortgage department at your bank to learn more about the qualifications for each.

how to Rebuild Your Credit

Even if the necessary amount of time has passed after your bankruptcy discharge, you won’t be able to be approved for a home loan if your credit is still bad. You need to take steps to rebuild your credit after your bankruptcy so that you can get approved for a loan and so you can get good terms, including a low interest rate.

Start out by paying all your bills on time and in full each month. Then, when you’re ready, apply for a small credit card with a gas station, department store, or other outlet. Keep the limit low, and spend frugally. Pay the bill on time each month. You’ll see your score start to rise steadily.

Keep a close eye on your balances for any credit cards you open or continue to maintain. The balance shouldn’t be more than 35 percent or so of the credit limit. Continue using credit responsibly and paying your bill on time, and you will see your credit score rise continually. The better your score is when you apply for a mortgage, the better your interest rates will be, which will save you significantly over time.

Filing for bankruptcy does not have to mean the end of your financial opportunities for the next seven years (the amount of time the bankruptcy remains on your credit report). In fact, filing for bankruptcy can open up many more financial opportunities for you because it frees you from debilitating debt. You can finally get your finances under control and use them to start meeting your goals, such as buying a new home. You just need to take the right steps to rebuild your credit after your bankruptcy, and you will be well on your way to creating the life you want.

hire a bankruptcy attorney in gilbert

Call Gilbert Bankruptcy Lawyers today to learn more about how filing for bankruptcy might help you get the debt relief you need so you can take back your finances. We represent clients seeking relief through both Chapter 7 bankruptcy and Chapter 13 bankruptcy. A bankruptcy attorney from our team will review your finances and talk with you about what you hope to achieve through bankruptcy to help you understand which choice would give you the most benefits. Contact us today to schedule a free consultation with one of our bankruptcy attorneys and learn more.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

avoid car repossession by filing for bankruptcy in arizona

Your car payment is probably one of the biggest expenses you have each month. You will likely prioritize the payment, even if you are having financial troubles, because you need your car to get to work and other important places, and because you know that missing payments can negatively impact your credit. However, when things get bad financially, you may struggle to make the payment, despite your best efforts.

If you fall behind on your payments, you are at risk of having your car repossessed. Talking to a bankruptcy attorney about filing for bankruptcy may lead to some solutions, but it depends on how far behind you are, what your goals are, and what your financial circumstances are like.

WHEN DOES THE Car REPOSSESsING PROCESS START?

Your lender won’t immediately send someone out to repossess your vehicle after you miss your first payment. Instead, you’ll get some reminder calls or letters, asking you to make your payment. You can also expect to be assessed a late fee.

Typically, a lender won’t start the process for repossessing your vehicle until you have missed two or three payments. Lenders are more likely to be forgiving if you have not missed a payment in the past or if you have been proactive in letting them know that you are having trouble. You will get plenty of notice that the repossession will take place, as well as plenty of warning about any other consequences of failure to pay, including late fees.

Financial Hardship Programs

Your lender may have a financial hardship program available if you have been missing payments. The program may allow you to defer payments for a specific period of time, or it may allow you to make a lower payment. The options vary depending on your financial circumstances and on what the lender will allow.

In most cases, the lender would prefer giving you some leeway to allow you to catch up rather than going through the expense of repossession and re-selling the car.

Filing for Bankruptcy

Filing for bankruptcy may be able to help you get the debt relief you need if you are facing repossession or other big financial consequences, like foreclosure or a lawsuit. Filing for bankruptcy will not discharge the debt you owe for the vehicle. Auto loans are secured loans, which means they are backed by the value of the vehicle. However, filing for Chapter 7 bankruptcy can discharged unsecured debts like credit card bills, which could free up the money you need to pay what you owe on your vehicle and save it from repossession.

Alternatively, you may file for Chapter 13 bankruptcy and put all your debt under a restructured repayment plan that you can actually afford. Your Chapter 13 debt reorganization plan can include what you owe on your vehicle, which can allow you to catch up on your late payments. At the end of your repayment plan, which is typically three to five years, you may be able to strip down anything you still owe, such as if you owe more on your vehicle than what it is currently worth. That scenario is not as likely with a car as it is with a house since auto loans are for a shorter period and vehicles generally don’t retain their value as well. However, it is a possibility and one worth exploring with a Gilbert bankruptcy attorney.

hire a professional bankruptcy lawyer in gilbert, AZ

If you are struggling to pay your car payments, chances are that you are having trouble paying your other bills also. Talk to a bankruptcy attorney about how filing for bankruptcy may be able to get you the debt relief that you need. Gilbert Bankruptcy Lawyers are ready to help. We represent clients seeking protection through both Chapter 7 bankruptcy and Chapter 13 bankruptcy. Our experienced attorneys will review your financial details and get a better understanding of your goals, such as whether you want to keep your home or keep your car from being repossessed, and will then recommend a course of action for you. We can help you put an end to harassing phone calls and take back control of your finances. Call us in Gilbert today to schedule a consultation with a bankruptcy attorney and learn more.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

QUALITIES YOU SHOULD LOOK FOR IN An Arizona BANKRUPTCY ATTORNEY

Filing for bankruptcy can give you enormous debt relief so that you can take back control of your finances and get back on track to meet your goals. You can legally file for bankruptcy yourself, without the assistance of a lawyer. However, bankruptcy law can be quite complex, and attempting to do this work yourself could result in you overlooking important exemptions or in you making a big mistake that could jeopardize your filing or even result in legal trouble.

Not only is it important to hire a bankruptcy attorney to handle the filing for you, but it is also important to find the right Gilbert bankruptcy attorney to ensure that you have a good experience and you feel well-supported throughout the process. Here are a few things that you should look for when you are researching or interviewing bankruptcy attorneys in your area:

Experienced bankruptcy lawyers

It is important to work with a bankruptcy attorney who has plenty of experience. Bankruptcy law is complex, and knowing the ins and outs comes with handling those cases year in and year out. An attorney who has just started in their practice can easily overlook important elements of your case.
Experienced bankruptcy attorneys in Gilbert also have a confidence about them that will put you at ease, knowing that they are knowledgeable and comfortable in the process. Filing for bankruptcy can be a nerve-wracking process, so it is important that you have a knowledgeable attorney by your side, guiding you through it and putting you at ease.

Communication: a must-have characteristic

You will go through a lot of steps over the course of your bankruptcy filing, and it will require a lot of phone calls and emails to and from your attorney. You’ll be sharing a lot of personal information, you’ll have to attend several meetings and take a couple of educational courses, and you’ll have to sign a lot of paperwork.

You need to find a bankruptcy lawyer with good communication skills, both in person and online. Find an attorney who responds to your phone calls or emails quickly, as well as one who answers your questions thoroughly. Find someone who patiently explains the process for you and who really takes the time to be present in your conversations, rather than rushing the conversation to get to the next client.

LOOK FOR THE BEST FEES & Costs

Many bankruptcy costs are fixed. They include things like filing fees and court fees. However, each attorney sets their own fees, and those can vary dramatically. You are already struggling financially, so it is important that you get an understanding of all the associated fees upfront and that you find a bankruptcy attorney with reasonable fees.

Some attorneys also offer flexible payment plans. Find out if this is a possibility for you.

Find a bankruptcy lawyer that gives you Personal Comfort

Think about that first consultation with a bankruptcy attorneys in Gilbert like a job interview. You are the one interviewing them and deciding if they get the job. Part of that decision will be about their experience and qualifications, but part of it should also include how comfortable you feel with that person.

Do you have a report with this person? Do you feel comfortable asking your questions? Do you feel at ease sharing your finances and your concerns? You need to find someone with whom you are comfortable if the process is to be successful. Your attorney will be your partner in this process, and that partnership will break down if you don’t feel comfortable with them.
Take your time researching bankruptcy attorneys in your area, and interview your top picks. The time you put in before hiring an attorney will pay off in having a good experience later and in having a smooth bankruptcy process.

contact a professional bankruptcy Law Firm in gilbert, az

Gilbert Bankruptcy Lawyers are ready to help you get the debt relief you need through bankruptcy protection. Our experienced and personable attorneys will help you understand your options through bankruptcy and answer all your questions thoroughly to be sure you can make the best choices for your financial goals. We represent clients in both Chapter 7 bankruptcy and Chapter 13 bankruptcy. Contact us in Gilbert today to schedule a free consultation with a bankruptcy attorney and learn which would be right for you.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Upside Down Mortgages: How Do I Get Out?

The housing market can fluctuate wildly. What may have looked like a good investment when you moved in can now look like an unending nightmare. Your home may have lost so much value that you now owe more on the house than what it is worth – even though you may have been paying the mortgage for years.

Such “upside down” mortgages are not uncommon. You can’t sell the house to get out of your mortgage – unless you have a stash of money you’re willing to throw at what has already become a bad investment – so what do you do? Talking to a Gilbert bankruptcy attorney may be the solution. Here are a few of your options for dealing with this situation:

Abandon The MORTGAGE

Arizona has an anti-deficiency law like many other states that protects homeowners from a deficiency judgement if they walk away from a mortgage. In other states, the lender would be able to sue the homeowner for the difference in the amount owed and the amount recovered at sale. But Arizona protects delinquent homeowners from such judgements. Therefore, if you can no longer pay your mortgage and you know you can’t recover what you owe at sale, you can choose to just abandon the home and the mortgage.

Know that this action will cause a hit to your credit. You will also be responsible for HOA fees, property taxes, and other fees while you are still the legal owner of the house. If the lender is slow to take possession of the title, you could end up owing a lot to various agencies.

LOAN MODIFICATION

You may not want to abandon your home, or you may feel like the value of your home will recover, so you want to hang on to your loan. Yet you may be having a hard time making the payments. You may be able to have your loan modified so that the term is extended and you make a lower monthly payment.

If the value of your house has dropped or you are having money problems, you may have a hard time convincing a lender to refinance. Know that you will also pay a fee for the privilege of refinancing.

SHORT HOME SALE

Instead of waiting for the bank to seize and sell your home, you can sell it yourself in a short sale. You would sell the house for what you can get, which will be less than what it is worth, and the bank will agree to forgive the difference that you owe.

Surrender a Deed In Lieu Of Foreclosure

Instead of just walking away from the mortgage, you can try to arrange to surrender the deed in lieu of going through the foreclosure process. The bank is unlikely to agree to this unless you have already tried to put the home on the market and had it there for some time. However, if you are insistent in your inability to pay, you will likely get the lender to agree so they can save money on the legal proceedings of foreclosure.

File For Bankruptcy

You have two strategies for dealing with your mortgage through bankruptcy. You can file for Chapter 7 bankruptcy, which will discharge all of your unsecured debts, such as credit cards. Chapter 7 bankruptcy will not discharge your home loan, as it is secured by the value of the property. However, it can clear up enough of your other debt that you have enough money to pay your mortgage each month and even catch up on what you may owe.

If you are unable to file for Chapter 7, or if it does not meet your financial needs, you can file for Chapter 13 bankruptcy and get your debt reorganized into an affordable payment plan, including anything you are behind on your mortgage. The repayment plan is designed to last three to five years. At the end of that time, you may be able to “strip down” your mortgage and have the amount that is in excess of your home’s value discharged.

Call a Bankruptcy Attorney In Gilbert, AZ

Talk to a bankruptcy attorney about your options for taking control of your finances and your upside down mortgage. You may be able to get debt relief without having to go through the hassle of selling your home or having it seized. Call Gilbert Bankruptcy Lawyers today to talk with an experienced bankruptcy attorney and learn about your options. We’ll review your finances and talk about your goals for your home to help you understand the best way forward. Call us today to schedule a free consultation and learn more.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Our Gilbert Bankruptcy Attorneys Answer Frequently Asked Questions

It’s not every day that you file for bankruptcy. Those who do file for bankruptcy usually only file once. So chances are good that if you are thinking of filing for bankruptcy, you haven’t done it before, and you have a lot of questions. You may even feel intimidated by the process, and that may deter you from getting the debt relief that you need.

The best thing to do is consult with an experienced Gilbert bankruptcy attorney to learn how bankruptcy may help you and to get answers to all your questions about the process and how it will benefit you. You can do a little research ahead of time to prepare yourself for the meeting and have information that will help you ask better questions and make better choices. Here are some of the most frequently asked questions we get about bankruptcy:

Can Bankruptcy Help Me Stop Calls and Letters from My Creditors?

Yes. When you file for bankruptcy, it triggers an automatic stay. That puts a stop to all legal activity against you by your creditors, and they must stop contacting you about your debt. Sometimes, you may get a call or two after the filing simply because the notification hasn’t made its way all the way through the creditor’s system. You just need to let the representative know that you have filed for bankruptcy and refer them to your Gilbert bankruptcy attorney. You shouldn’t be contacted again.

How Can I Stop Wage Garnishment?

Your creditors may have already moved to take legal action against you, such as by garnishing your wages, garnishing your bank account, or seizing your vehicle or your home. In many cases, filing for bankruptcy can put an end to this. Filing for bankruptcy puts an immediate stop to the garnishment of wages or bank accounts while the bankruptcy court has time to evaluate your filing and determine whether your debts can be discharged. A bankruptcy filing may also help you avoid foreclosure or repossession by rolling what you owe into an affordable repayment plan.

Can I Keep My Home if I File for Bankruptcy?

A common concern for those considering bankruptcy is whether or not they can keep their homes. In most cases, the answer is yes. If you file for Chapter 7 bankruptcy, you will be able to get a discharge of your unsecured debts, but you will have to pass a means test based on your income and assets to qualify. If you own a home, you will be allowed an exemption up to a certain dollar amount. Most people are able to keep their homes under the exemption.
If your home is worth more than the exemption, you can still file for Chapter 13 bankruptcy, which would organize your debt under a more affordable repayment plan. You could even include any back payments that you owe on the house in the repayment plan.

How Long Will It Take To Get Debt Relief Through chapter 7 & chapter 13 bankruptcy?

Every bankruptcy filing will be different, but you can expect to have relief in just a few months if you file for Chapter 7 bankruptcy and in three to five years if you file for Chapter 13 bankruptcy. Working with a good bankruptcy attorney can expedite the process. While you won’t be able to control some parts of the process, like how quickly the bankruptcy court can schedule your hearing, you can control the timing of the meetings with your lawyer, when you take your debt counseling course, and so on.

You likely have many more questions about the bankruptcy process. The best thing you can do is meet with a bankruptcy attorney to discuss your concerns, get answers about the process, and review the specifics of your case. Then you can get tailored advice for your situation, rather than general guidance.

contact an Expert gilbert bankruptcy lawyer Today

Gilbert Bankruptcy Lawyers are ready to help you. Our experienced bankruptcy attorney can review your finances and talk with you in-depth about your goals to help you understand the best path forward with bankruptcy. Our goal is to help you get the maximum debt relief possible as quickly as possible. We offer affordable rates and flexible scheduling to make the process as easy for you as possible. Call us in Gilbert today to schedule an appointment with one of our bankruptcy attorneys and learn more.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Filing Chapter 7 Bankruptcy To Avoid Vehicle Repossession In Arizona

Most people are drawn to Chapter 7 bankruptcy when seeking debt relief because it allows them to completely discharge unsecured debts, such as credit cards, medical bills, personal loans, and more. However, when people want to keep their possessions – such as their vehicle or their home – they have questions about whether Chapter 7 is right for them. Others may already be facing repossession of a vehicle or foreclosure on a home and wonder whether Chapter 7 bankruptcy can put a stop to that.

It’s important to talk to an experienced bankruptcy attorney in Gilbert about the specifics of your finances and your goals to get concrete answers. There are many caveats and exceptions for bankruptcy law, and your attorney can help you understand the more nuanced aspects of the law. However, here are a few things you can consider:

Deciding on Your Goals Based On The Car Loan

Chapter 7 bankruptcy will not put a stop to your car being repossessed. A car loan is a secure loan, which means that if you do not make the payments, the lender has the right to seize the vehicle to satisfy the debt. The only way to stop the car from being repossessed is to pay what you owe. But if you are considering bankruptcy, chances are good that you don’t have the money to pay.

You need to think about what you really want. If you want to keep the car, you can reaffirm the debt and agree to keep paying it. Then the bankruptcy will discharge your other debts, which can free up the money you need to pay what you owe on the car. You’ll just need to talk with your lender about giving you the extra time to come up with that money before the repossession is executed.

You can also file Chapter 7 and decide to surrender the vehicle. Then, not only will your other debts be discharged, but so will your car loan. The car will be repossessed, but you also won’t owe on that debt anymore.

Consider Chapter 13 Bankruptcy

If you want to keep your vehicle and your lender isn’t willing to give you any more time or you do not qualify for Chapter 7 bankruptcy, you should consider Chapter 13 bankruptcy. Under this chapter of bankruptcy, your debts are consolidated under a single repayment plan. Instead of paying multiple creditors each month, you make one payment to the bankruptcy trustee, and that is distributed to your creditors. Your monthly payment is determined based on your ability to pay, and the plan continues for three to five years. At the end of that time, some of your debt may be able to be discharged.

Any payments you have missed on your car can be rolled into your Chapter 13 bankruptcy repayment plan. You may be able to catch up on what you owe over time, while saving your vehicle from being repossessed. Again, it’s a matter of whether you really want to keep the vehicle and it’s worth it to you to catch up on those payments.

Bankruptcy can be a great tool for getting the debt relief you need, but some of the financial circumstances you are dealing with may not be so clear-cut, such as trying to continue financing a vehicle that you cannot afford to let go. It’s important to consult with an experienced bankruptcy attorney so you can review your options more in-depth and understand how bankruptcy law will influence your particular circumstances. Your attorney may recommend a combination of options to help you get the desired outcome.

Hire Professional Bankruptcy Attorneys In Gilbert, AZ

Call Gilbert Bankruptcy Lawyers today to learn more about your options for debt relief through bankruptcy protection. Our bankruptcy attorneys represent clients interested in both Chapter 7 bankruptcy and Chapter 13 bankruptcy. We can help you put an end to harassing phone calls, wage garnishment, and possibly even repossession or foreclosure. We offer affordable fees, and you can file for bankruptcy with zero money down. We can offer same-day appointments in most cases, and we have flexible scheduling and convenient locations. Call us today to schedule a consultation with a bankruptcy attorney and learn more about your options for debt relief.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Qualifying For Chapter 7 Bankruptcy: Everything You Need To Know About The Means Test

Filing for bankruptcy can give you the debt relief you have longed for and that you need so desperately to get your finances back on track. If you file Chapter 7 bankruptcy, you can have all your unsecured debts discharged. That means that, if you are approved, you could say goodbye to thousands of dollars in credit card debt, medical bills, personal loans, and other unsecured debts. There is no limit on how much debt can be discharged in the filing.

However, before you can reap the benefits of the Chapter 7 bankruptcy, you have to qualify to file. One of the primary ways you do that is by passing what is known as the means test.

Passing the Means Test & repaying your debts

The means test is designed to measure your ability to repay your debts – or at least a portion of them. Some people do not have to take the means test to qualify for Chapter 7 bankruptcy, such as disabled veterans and reservists who accumulated their debts while on active duty. However, the vast majority of people do have to pass the test in order to qualify for Chapter 7.

To pass the means test, you have to make less than the median income in your state. In Arizona, the median income is $55,839 for an individual. The more people that are in your household, the greater your income can be. For example, the median income for a household of four is $85,714.

Simply making less than the median income does not mean that you are in the clear to file for Chapter 7 bankruptcy, but it is a pretty good indicator that you will qualify. You’ll still need to pass a few other requirements, which a qualified bankruptcy attorney can help you understand.

Options if You Don’t Pass the Means Test: chapter 13 Bankruptcy

Just because you don’t pass the means test doesn’t mean that you can’t file for bankruptcy and get the debt relief that you so desperately need. Chapter 13 bankruptcy is a viable option for those who don’t qualify for Chapter 7. Chapter 13 bankruptcy does not simply discharge your debts; rather, it restructures them into a three- to five-year repayment plan that is calculated based on your actual ability to pay. You will make one monthly payment to the bankruptcy court, which will be distributed to your creditors. You can even use Chapter 13 bankruptcy to save your home from foreclosure by putting what you owe into the repayment plan.

In some cases, any debt you have remaining at the end of the repayment period can be discharged. For example, if you took out a second mortgage on your home and you now owe more than your home is worth, the excess debt may be able to be discharged at the completion of a Chapter 13 plan. You’ll need to talk to your bankruptcy attorney about your financial specifics to know what will be possible. But know that you will come out of Chapter 13 bankruptcy with a much lighter debt load and a greater handle on your personal finances.

Filing for bankruptcy can help you get out from under the weight of crushing debt. Chapter 7 bankruptcy does provide a kind of instant relief if you have a lot of credit card and other unsecured debt. You can have it discharged and be done with it completely. However, you should not give up hope if you do not qualify for Chapter 7. Chapter 13 bankruptcy still provides a lot of great debt relief, and you will end up paying far less to your creditors through this court-designed repayment plan.

contact professional bankruptcy lawyers in gilbert

Call Gilbert Bankruptcy Lawyers today to learn more about your options for debt relief through bankruptcy protection. Our experienced attorneys represent clients in both Chapter 7 bankruptcy and Chapter 13 bankruptcy, helping them find the option that will give them maximum debt relief. An attorney from our team will talk to you about your goals and review your finances then make recommendations that will best meet your needs. We offer compassionate counsel and affordable legal help. Call us in Gilbert today to schedule a consultation with a bankruptcy attorney to learn more.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Gilbert bankruptcy Attorneys explain the link between real estate & bankruptcy

There are a lot of reasons why you might not be able to afford your home anymore but aren’t able to just sell it and move on. The real estate market in your area could have dropped significantly, which means that you now owe much more on your home than it is worth. Or you could have run into financial troubles, such as an injury, illness, or job loss, and now you’re struggling to pay the mortgage and have fallen behind on the payments.

You may be worried about the house going into foreclosure, or you may be thinking about options like a short sale or a bankruptcy. But, beyond your immediate concerns about managing the mortgage, you may be more worried about how any of these options is going to impact your credit. You’ll need to talk to a financial advisor or a Gilbert bankruptcy attorney to know how these options will impact you specifically, but here are some things to consider:

HOUSE Short Sale

In a short sale, you are selling the house for less than what you owe. You must get permission from the bank for a short sale, which it may grant if it thinks you are unlikely to be able to keep paying on the mortgage. If the bank agrees, it may also agree to forgive the amount that you still owe on the mortgage after the sale, or it may require you to pay the difference. But whether the amount is forgiven or you pay the difference, the impact on your credit is the same.

Typically, you can expect your credit score to take about three years to recover after a short sale. That’s not a very long time, so the impact on your credit report shouldn’t be a big factor. Your decision is more likely to be influenced by whether the bank will forgive the deficiency (the difference between the sale and the amount you owe).

LET THE BANK INITIATE Foreclosure ON YOUR HOME

If you can’t pay your mortgage and you know you don’t want to keep the house, you don’t actually have to do anything. You can just stop paying and let the bank initiate foreclosure proceedings on your home. The impact on your credit will be the same. It will take about three years for your credit score to recover after a foreclosure.

You may want to allow the bank to initiate foreclosure proceedings rather than going through a short sale to save yourself some of the hassle of selling the home, as well as to give you some more time in the home. It can take awhile for the foreclosure process to go from start to finish, and that can give you some time to get together your finances and figure out your next moves.

file for Bankruptcy to get other debts discharged

It can take about five years for your credit score to recover after you file for bankruptcy, though you can qualify for credit long before then. If you know that you do not want to keep your home and that you cannot sell it for a profit, you may want to consider a combination of letting the home go into foreclosure while also filing bankruptcy. When you do this, you are relinquishing the home while also getting your debt discharged. Filing for bankruptcy in Gilbert can also discharge other debts, such as credit cards, car payments, and medical bills, or it can restructure them into a payment plan that you can actually afford.

While filing for bankruptcy can make a blow to your credit, continuing to struggle with debts that you cannot afford can be equally harmful to your credit. Rather than having month after month of unpaid or late accounts putting mark after mark on your credit, you can file for bankruptcy, discharge all that debt, and take one hit that you can begin recovering from
now.

Contact the most qualified bankruptcy lawyers in gilbert

Filing for bankruptcy can give you the debt relief you need to finally get a handle on your finances and start creating some of the financial freedom you crave. Call Gilbert Bankruptcy Lawyers today to learn more about Chapter 7 bankruptcy and Chapter 13 bankruptcy and how they might be able to help you with your debts. Our attorneys are committed to helping you get the maximum debt relief possible under the law. Call us today to schedule a consultation and learn more about the right strategy to meet your goals.

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

EXPERT BANKRUPTCY ATTORNEY’S STEP-BY-STEP GUIDE TO DEAL WITH A CREDITOR LAWSUIT

The phone calls and letters may seem to be never-ending when you get in over your head in debt, but eventually, they do. When they end, it’s usually because your creditors have moved on to the next stage: Legal action. Creditors can seize your assets, take the money in your bank account, or garnish your wages in order to satisfy the debt you owe.

Filing for bankruptcy can put an immediate end to that legal action by triggering an automatic stay. The earlier you can take action, the easier it will be to prevent or put a stop to such legal action. However, here are some other steps you may be able to take, depending on what stage the legal action is in:

The Lawsuit & Judgement: getting sued by a creditor

Before your creditor can do anything, they have to file a lawsuit and get a judgement in their favor. Typically, this isn’t going to come as a surprise. You would know that the account is long past due because you haven’t paid it, and you would have received multiple letters or calls from your creditor. You will likely also get notice that your creditor is going to take things to the next level and take legal action.

Don’t ignore these warnings. You may not be able to pay, but you can take other steps. You can try to negotiate directly with your creditor, or you can visit a Gilbert bankruptcy attorney and get the debt discharged or restructured under an affordable payment plan. Filing for bankruptcy would not only help you avoid legal action, but it will help you deal with the debt that is threatening the problem in the first place.

The Writ of Garnishment: filing for bankruptcy

If the court rules in the creditor’s favor, a writ of garnishment will be issued that the creditor must present to your bank or your employer. The bank will then freeze your account, as well as any accounts that have your name associated with them, such as a joint account you share with your spouse or an account you oversee for your children.

You can put a stop to a writ of garnishment by filing for bankruptcy. The automatic stay can also stop wages from being taken, even if the action is already underway. The stay may last only as long as the case can be resolved, but in most scenarios, your bankruptcy filing is going to end with a discharge.

Filing a Claim of Exemption to protect the funds in your account

You can file a claim of exemption to protect the funds in your account. You will have 10 days from being served the Writ of Garnishment to file this claim. You will have to show that money in the account is exempt from levy. Exempt funds can include disability payments, unemployment, Social Security, and more. You’ll need to talk to an attorney to learn more about what funds are exempt and how to properly file the paperwork to protect them.

Filing for bankruptcy can quickly protect all the funds in the account, whether they are legally considered exempt or not. Bankruptcy can discharge your debt or restructure it under a payment plan that you can afford. When the bankruptcy is discharged, you no longer are legally responsible for the debt, which means that your creditors have no recourse available. You can avoid any kind of garnishment or asset seizure.

Exceptions exist for foreclosure since a home loan is backed by the house itself. Chapter 13 bankruptcy may be able to help you get your house out of foreclosure by restructuring the amount you owe into your repayment plan. But the options depend upon where the process stands when you file for bankruptcy.

Seeking debt relief? Contact the best bankruptcy lawyers in gilbert

Call Gilbert Bankruptcy Lawyers today to learn more about how bankruptcy may be able to help you get debt relief while also putting an end to garnishment or other legal action. An experienced bankruptcy attorney from our team will review your finances and any pending legal action and help you understand your best options for getting the maximum debt relief. We’ll move quickly to file the appropriate chapter of bankruptcy to get you the most benefits. We represent clients in both Chapter 7 bankruptcy and Chapter 13 bankruptcy. Contact us in Gilbert today to schedule a consultation.

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

How Bankruptcy Can Help You Get Your Finances Back Under Control And Save Your Social Security Income.

Social Security payments can provide a vital source of income for those who can no longer work, whether because they have reached the age of retirement and chosen to retire, they have become injured, or they have some other condition that keeps them out of work. But Social Security is not a huge source of income, and many people have to find ways to supplement it, or they struggle.

It’s not uncommon for people to turn to credit to make ends meet. But when they are living on a limited income, they have fewer opportunities to pay back that credit, and the debt just compounds. Eventually, they may get in over their heads with debt they cannot repay, and they may face legal action. To start, creditors may initiate proceedings to seize assets, such as bank accounts or tax returns. Filing for bankruptcy can put a stop to such action, as well as provide the debt relief needed.

Fortunately, Social Security income is considered exempt, so creditors cannot legally seize them. However, there are many ways that creditors can end up seizing them because the person made some missteps without realizing it. Here are a few of them:

Commingling Funds

Most people don’t set up a separate bank account for every source of income they have. So, if they get Social Security income, they just put it right into their bank account with the rest of their money. What that means when creditors come calling is that there is no real way to determine which money is the exempt Social Security income and which money is free to be taken.

The best thing you can do to protect Social Security income from creditors is to put it into a dedicated bank account. There will be no question about the source of the funds, and they will be completely untouchable by your creditors.

Not Depositing Your Social Security Directly

Setting up a direct deposit for your Social Security income creates an easily verifiable trail. When your creditors file a Writ of Garnishment, officials will look at the account to be garnished, and if your Social Security has been on direct deposit, they will be able to see clearly and quickly that the funds in the account are protected.

In contrast, getting a paper check and then deposit it will not provide the same “proof.” The account will have a record of deposits, but they will not be clearly identified as being Social Security income. Officials would have to drill down on the deposits to find the details, and they are not likely to do that. Setting up direct deposit is an easy way to create that easily identifiable trail to protect your income.

Not Taking Action Early Enough

Filing for bankruptcy triggers what is known as an automatic stay, which immediately puts an end to any legal action by your creditors. If you know that you are struggling with debt, filing for bankruptcy can prevent your creditors from moving against you and taking action like garnishing your wages, seizing your accounts, or taking your other assets.

You might be able to put a stop to your bank account being taken, and you may even be able to get back money that was taken if it was considered exempt, but that will take a lot of work, and it can be a lot of time before you get that money back. Filing for bankruptcy before that action begins can save you a lot of trouble, while also getting you the debt relief you need quickly.

Chapter 7 bankruptcy allows you to completely discharge all your unsecured debt if you qualify, including things like credit cards or medical bills. Chapter 13 bankruptcy can restructure your debt under a more affordable payment plan, and it can discharge some of your debt at the end of that plan. Talk to an experienced Gilbert bankruptcy attorney to learn more about how bankruptcy protection might be able to help you get your finances back under control and save your Social Security income and other assets.

Gilbert Bankruptcy Lawyers are ready to help. Call us today to schedule a consultation with a bankruptcy attorney and learn more about how bankruptcy protection may help you. One of our attorneys will review your finances and help you understand the best path forward to get the maximum debt relief possible. Call us today to learn more.

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

How Bankruptcy Can Help Improve Your Credit Score In Arizona

One of the things that people are most worried about when considering filing for bankruptcy is how it will impact their credit. They could be struggling to pay their bills, but at least they know that they have credit. They worry that if they file for bankruptcy, they won’t be able to get approved for any new credit, which could impact their ability to buy a house, buy a car, or just have a credit card to cover unexpected expenses.

The truth is that filing for bankruptcy is not the nuclear option that many people think it is. In fact, bankruptcy can actually help your credit, as well as offering you many other benefits, including relieving you of the burden of intense debt.

How Bankruptcy Can Help Your Credit

You don’t file for bankruptcy because you have a bit of a high balance on a credit card. You look for bankruptcy protection because you are struggling with overwhelming debt that you are unable to pay. You have gotten to the point that your balances are getting higher and higher, you can’t even afford to make the minimum payments, and you are getting calls every day from your creditors.

When you’re in this kind of debt, your credit score is already trashed. You have high balances, lots of late payments, and probably a delinquency or two. Every month that this situation continues, your credit score gets worse. When you file for bankruptcy, you reset the clock. Chapter 7 bankruptcy can give you a “clean slate,” discharging those debts completely and putting your balance at zero. Your credit can immediately start rebuilding. Chapter 13 bankruptcy puts you on a three- to five-year repayment plan that can help you make up those lost payments, slowly restoring your credit. Filing for bankruptcy can be a net positive for your credit in most cases.

Buying a Home or Car After Bankruptcy

Many people worry that they won’t be able to buy a home if they file for bankruptcy – or that they won’t be able to buy a home for another 10 years. While it is true that bankruptcy can stay on your credit report for 10 years, that does not mean that you won’t be able to buy a home in all that time.

You will need to take steps to restore your credit, or at least to stay in good financial standing after your bankruptcy is discharged. Then you will need to explore different loan programs. Some programs, like the FHA or VA programs, will approve you for a loan within two years of your bankruptcy or less. Just talk to a mortgage broker about what programs are available based on your history. You can still find good loan programs with low rates even with a bankruptcy on your record.

Rebuilding Your Credit After Bankruptcy

You can quickly rebuild your credit after your bankruptcy is discharged. The first thing you need to do is create a budget and stick to it. Spending only what you can afford each month will go a long way toward strengthening your finances and preventing you from getting into trouble with credit again. It will also help you to have savings in case an emergency arises so you don’t have to use credit.

You can boost your credit a bit by taking out a small line of credit, such as with a store credit card or a gas credit card. Use it sparingly, and pay it on time each month. You’ll notice your score being boosted steadily, and you’ll soon be back in a healthy range.

Do not let myths about bankruptcy keep you from getting the debt relief you need. Bankruptcy will not destroy your credit like many people fear. It will be a negative on your credit history, but overall, it will have positive effects on your history and your score. Just stay focused after your discharge, and you’ll soon have a healthy score that will allow you to get whatever credit you need. Plus, you’ll have the financial freedom you didn’t have before when you were overwhelmed with debt that you couldn’t afford.

Call Gilbert Bankruptcy Lawyers today to learn more about how bankruptcy might help you. We represent clients seeking protection through both Chapter 7 bankruptcy and Chapter 13 bankruptcy. Our attorneys will review your finances and help you understand which option would give you the most benefits. Our goal is to get you the maximum debt relief possible so that you can get back on firm, financial footing. Call us in Gilbert today to schedule a consultation with a bankruptcy attorney.

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

A Detailed Timeline of Your Chapter 7 Bankruptcy Filing

The Stages of Chapter 7 Bankruptcy

Filing for Chapter 7 bankruptcy can provide major debt relief. If you qualify, Chapter 7 bankruptcy can discharge all of your unsecured debt. You can eliminate tens of thousands of dollars in credit card debt, in unpaid medical bills, or in personal loans.

Once you decide to call a bankruptcy attorney in GIlbert to do something about your debt, you’re probably ready to get things taken care of as quickly as possible. But there will be more to do than just sign some paperwork and say goodbye to your bills. Here’s a detailed timeline of your Chapter 7 bankruptcy filing to give you an idea of what to expect:

Initial Bankruptcy Consultation

The first thing you need to do is call an experienced Gilbert bankruptcy attorney to learn more about Chapter 7 bankruptcy and whether it may be right for you. During this consultation, you’ll learn more about what the process will be like, the fees, and what kind of debt relief you can expect to get.

The Means Test

If you decide to move forward with a Chapter 7 bankruptcy filing, you will first need to determine if you pass the Means Test. This test looks at your income in comparison to the median income in Arizona. The test will also look at what assets you own, such as the value of your home, your stocks, or your retirement accounts. You will need to pass the Means Test to qualify to file Chapter 7 bankruptcy.

Create Your Filing

You and your Gilbert bankruptcy attorney will work closely to complete your bankruptcy filing so that it can be submitted. You will provide plenty of documentation to your attorney, such as your pay stubs, information about your debts, and so on. Your attorney will tell you what is needed and will create the bankruptcy filing so that it is complete and accurate. Any inaccuracies could jeopardize your filing or result in penalties.

Take a Credit Counseling Course

You are required to complete an approved credit counseling course after your paperwork has been prepared but before it is officially filed with the court. The course takes about 90 minutes, and it can be completed online. The course is designed to help you learn how to better manage credit so you can hopefully avoid debt problems later. The course will also cover alternatives to bankruptcy.

Submit Paperwork and Pay Fees

Your bankruptcy attorney in Gilbert may have questions or need additional information. Your attorney will finalize your paperwork, get you to sign it, and then submit it. You will need to pay your fees at this time, as well, both your bankruptcy filing fee and your attorney’s fee.

Have the 341 Meeting of Your Creditors

You don’t have to appear before a judge or have a jury decide on your case. You just need to go to this meeting to answer some questions from the bankruptcy trustee. Your creditors have the right to attend this meeting, but in most cases, they won’t. In most cases, you will answer a few perfunctory questions, and the meeting will be over in about 10 minutes. Your attorney will have prepared the filing so that everything is in order by the time this meeting takes places and no substantial action needs to be taken.

Complete a Debtor Education Course

Before your bankruptcy can be finalized and your debts discharged, you have to take an approved debtor education course. This course also takes about 90 minutes to complete and can also be completed online.

Your Debts are Discharged

After your debtor education course is completed, your bankruptcy can be finalized and your debts discharged. The discharge cannot happen any sooner than 60 days after your 341 meeting. If you were required to surrender any of your debts in your bankruptcy, you will have to do so at this point. But, unless you have significant assets, you won’t have to surrender anything.

The whole process can take as little as a few months, so long as there are no complications in your case. Call Gilbert Bankruptcy Lawyers today to learn more about how Chapter 7 bankruptcy can help you. One of our bankruptcy attorneys will examine your finances to determine if you qualify and to help you understand what kind of debt relief you can get. If you don’t qualify for Chapter 7 bankruptcy, you may be able to get debt relief through Chapter 13 bankruptcy. Call our bankruptcy law office in Gilbert today to schedule a consultation and learn more.

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

The Effectiveness of Different Bankruptcy Alternatives?

Gilbert Bankruptcy Attorneys Explain Some Debt Relief Alternatives To Bankruptcy

Bankruptcy is the most effective way to get debt relief for most people. Chapter 7 bankruptcy can completely discharge your unsecured debt, such as credit cards, medical bills, and personal loans. Chapter 13 bankruptcy can reorganize your debt under a more affordable monthly payment, and it can discharge some of your debt at the end of your repayment period. Both allow you to rehabilitate your credit and your finances more quickly than if you had continued to struggle with paying your debts and falling behind on payments or missing them.

Yet, despite the many benefits of bankruptcy, many people try to avoid it if they can. Some people think of it as the “nuclear” option when they don’t have any other choices and they don’t mind the fallout from their credit. But learning about the truths behind the myths can help you to understand that bankruptcy should be one of the first options you consider for maximum debt relief and faster financial recovery. Learning why alternatives to bankruptcy don’t typically work is one way to dispel those myths. Here’s what you need to know:

Negotiating with Creditors

You can attempt to negotiate with your creditors directly to get a better handle on your debt. You may attempt to negotiate by asking for a lower interest rate, asking for your account to be canceled and put on a payment plan so you can stop interest charges altogether, or offering a lump sum payment for your debt.

Chances are low that your credit card company is going to accept. The company’s goal is to get as much money from you as possible. It wants to collect on that interest, and it wants to get the full amount you owe. It knows that if it says no, you have few options other than to pay. Filing for bankruptcy is your option for getting free of that debt without having to pay any more and without having to worry about additional penalties.

Working with a Credit Counseling Agency

Credit counseling agencies essentially do the same work that you could do, trying to negotiate with your creditors. Sometimes, companies are a little more willing to work with them because they know that if you have taken the step of working with a credit counselor, things are getting dire. So they may be willing to negotiate since they know you may just default.

But again, greed is powerful. Many creditors will even reject attempts from credit counseling agencies because they may think that they can threaten you with legal action and get you to pay. Their goal is always to get as much money from you as they can.

Working with a credit counseling agency may help you learn how to better handle your finances so you don’t get into trouble with debt again, but that won’t help you with your current debt. Also, taking a credit counseling course is a requirement of filing for bankruptcy, so you can get this education while also getting guaranteed debt relief without bothering with the credit counseling agency.

Attempting a Debt Settlement

There are two types of debt settlement: One where you offer a lump sum to pay off your debt (usually a sum that’s lower than what you owe) and one where you offer to make payments on your debt over time but have some of it discharged at the end. The problem with this is that if you are struggling with debt, you likely don’t have a huge amount of money to offer a lump sum payment. The other problem is that your debtors are unlikely to accept these terms. Sometimes, if your debt has already been turned over to a debt collection agency, you may have success. That’s because these companies purchase your debt for pennies on the dollar, so even if you are offering to pay a lower amount, that company is likely still making money. Your original creditor will likely lose money, so they aren’t as likely to agree.

Chapter 13 bankruptcy allows you to get a debt settlement without the permission. The bankruptcy court looks at what you owe and determines what you can afford to pay. You get a monthly payment plan that you can afford, and at the end of the three- to five-year plan, some of your debt can be discharged.

Bankruptcy allows you to get the debt relief you need without having to ask your creditors for permission. You can get rid of some of your debt or get it down to a level you can more easily manage. Don’t waste your time with these so-called “alternatives.” Just talk to a bankruptcy attorney in Gilbert about fast and effective debt relief through bankruptcy.

Call Gilbert Bankruptcy Lawyers today to talk with a bankruptcy attorney about your options. We represent clients in Chapter 7 bankruptcy and Chapter 13 bankruptcy, and we can help you determine which will be right for you. We’ll help you understand how each can affect your assets or maximize your debt relief. Call us today to schedule a consultation with a Gilbert bankruptcy attorney to learn more.

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Student Loan Discharge vs. Forgiveness: How Do They Differ?

Arizona Bankruptcy Attorneys Explain The Difference Between Loan Discharge & Forgiveness

Student loans remain some of the biggest debts for people across the country. Many people are carrying tens of thousands in debt after graduating, and some are even carrying hundreds of thousands. Even with great paying jobs after graduation, many people end up paying on these loans for decades.

But what happens if you run into financial trouble along the way? What happens if you lose your job, and you go months or even years without finding another one or without finding one that pays what you need? What happens if you become seriously ill or injured? What are your options for getting rid of that student loan?

As any bankruptcy attorney will tell you, there aren’t many options for getting rid of your student loans, but it’s not entirely impossible either. Here’s a look at what circumstances might lead to having your student loans discharged or forgiven:

Student Loan Forgiveness

Depending on what field you are working in, you may be able to have your student loans forgiven after a certain amount of time. The federal government sponsors two programs that forgive student loans for people working in certain professions.

Public Service Loan Forgiveness

Under this program, you can have your student loans forgiven if you have worked in a public service position for 10 years and you have made your student loan payments on time for the last 120 months (also 10 years). Professions in the public service sector can include police officer, firefighter, teacher, social worker, doctor, nurse, public interest attorney, and others.

Teacher Loan Forgiveness

Teachers have an additional option for having their student loans forgiven. Under this program, you can get some of your loans forgiven if you have worked at a teacher in a qualifying school – usually in an underserved area – for five years and have fulfilled other requirements. The program will forgive up to $17,500 in student debt.

Student loan forgiveness is not widely available, and it does not forgive all your debt. You will either get only a portion of the debt forgiven, or you will have to pay a significant portion of it before you qualify for loan forgiveness.

Student Loan Discharge

There are a number of scenarios in which the federal government will discharge your student loans, but none of them are easy. You may have your student loans discharged if:

You die. Hopefully, you can find debt relief through less extreme circumstances, however. But it may offer you comfort to know that at least your family won’t be saddled with your debt if you pass unexpectedly.

You are totally and permanently disabled. Again, hopefully, you won’t have to meet with such extreme circumstances to find debt relief. However, if you can no longer work because you are disabled, you may qualify to have your student loans discharged.

You are the victim of identity theft. If you can prove that someone used your name and personal details to open a student loan, you can have it discharged.

You have been fraudulently misled. You may be able to get your student loans discharged if you can prove that your educational institution misled you about the benefits of attending the school or your career eligibility after graduating. You can also claim fraudulent misrepresentation if the school did not notify you about reimbursement money owed to you or signed your name to a loan.

You may also be able to have your student loans discharged through bankruptcy. However, any bankruptcy attorney will tell you that it is extremely difficult to do so. Showing routine financial distress will typically not be enough because the government will just offer to defer your loans or to lower your payments to what you can afford. You will need to prove dire financial circumstances to discharge your student loans through bankruptcy.

But that doesn’t mean that bankruptcy can’t help. You can file for Chapter 7 bankruptcy to have most or all of your unsecured debt discharged, such as credit card or medical debt. Doing so would free up a lot of money each month to help you get a better financial handle on your student loans – maybe even paying extra on them to pay them off faster. You can also file for Chapter 13 bankruptcy to reorganize your debt under a more affordable repayment plan, and that can include your student loans. You may pay a lower interest rate and a lower monthly payment under your Chapter 13 repayment plan, which can help you get a better handle on your finances so that you can pay your student loans and other debts more easily when you emerge from bankruptcy protection.

Contact a Professional Bankruptcy Law Firm In Gilbert

Call Gilbert Bankruptcy Lawyers today to learn more about how bankruptcy might be able to help you with your student loans. A bankruptcy lawyer will review your financial details to determine if you may be able to get your student loans discharged under bankruptcy or if you can use bankruptcy to get other debt relief to better handle your student loan burden. We represent clients in both Chapter 7 bankruptcy and Chapter 13 bankruptcy. Our goal is to help relieve you of as much debt as possible. Call us today to schedule a consultation with an experienced bankruptcy lawyer and learn more about your options.

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Lawsuit Protection: Is Bankruptcy The Right Solution?

How Filing For Bankruptcy Can Help You Stop Lawsuits In Arizona

If you fall behind on your payments to your credit card, your loan, your mortgage, or your car loan, the first thing that’s going to happen is you’ll start getting a lot of emails, calls, and letters telling you that your payment is late and asking you to pay immediately. You’ll see late fees being added to your bills, and they’ll only compound the longer it takes for you to pay what you owe.

Over time, those calls and letters will intensify. You may even start getting threats about possible legal action. You start thinking about your options, and you wonder if you should call a Gilbert bankruptcy attorney. But you may wonder if bankruptcy will actually help you if you are facing the threat of legal action. Here’s what you need to know:

The Automatic Stay

When you file for bankruptcy in Gilbert, an automatic stay is issued. What that does is put an automatic stop to any action by your creditors. Legally, your creditors are not allowed to contact you about your debt until your bankruptcy filing is resolved. They cannot send you letters or call you to try to collect on your debt. They cannot initiate any legal action against you. If any legal action was initiated against you, it will be put on pause.

Creditors can seek permission from the bankruptcy court to take action against you. That’s why working with an experienced bankruptcy attorney is so important. Your bankruptcy lawyer will work to block attempts by creditors to have the automatic stay lifted or to pursue action against you.

Bankruptcy Discharge

If you file for Chapter 7 bankruptcy, you can have all of your unsecured debt discharged. If you have accumulated a lot of credit card debt, medical debt, or other unsecured debt, Chapter 7 bankruptcy can be a great option for not only eliminating your enormous debt, but also evading a lawsuit or other legal action by your creditors.

When your bankruptcy case is discharged, you will no longer legally owe these debts. That means that your creditors can no longer bring action against you, and if they have a lawsuit pending, it will be dismissed. Chapter 7 bankruptcy can unburden you of your debt while also helping you to avoid legal consequences.

Debt Reorganization

Chapter 7 bankruptcy cannot discharge all your debts. If you are struggling mostly with secured debts, such as a mortgage, then Chapter 13 bankruptcy might be right for you. Chapter 7 bankruptcy also can’t help you stop foreclosure proceedings. So, if you have fallen significantly behind on your mortgage and you want to save your home, you should consider talking to a bankruptcy attorney about how Chapter 13 bankruptcy may be able to help you.

Under Chapter 13 bankruptcy, your debt is reorganized into a new payment plan that you can afford. Your delinquent mortgage payments can be rolled into this plan, helping you to catch up and save your house from foreclosure proceedings. If you have a second mortgage, you may even be able to “strip it off” through bankruptcy. If the value of what you owe is more than the value of your property, you may be able to have that amount discharged with your bankruptcy. You’ll need to talk to a Gilbert bankruptcy attorney about the specifics of your case to determine what will be possible.

By the time your debt problems have gotten so severe that you are facing a lawsuit or foreclosure, you may feel desperate, as if you don’t have any options. But filing for bankruptcy may help you to get out from under your debt while also protecting you from legal action.

Contact Gilbert’s Leading Bankruptcy Attorneys

Call Gilbert Bankruptcy Lawyers to learn more about how filing for bankruptcy may help you with your debt and your legal troubles. An experienced bankruptcy lawyer from our team will examine your finances and help you understand the best options through bankruptcy. Our goal is to help you get the maximum debt relief possible while also protecting your assets wherever possible. Don’t give in to despair, and don’t listen to threats from your creditors. Call our bankruptcy law office in Gilbert today to schedule a consultation with a bankruptcy lawyer and learn more about your legal rights for debt relief.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Understanding Each Stage of Filing for Bankruptcy

Gilbert Bankruptcy Lawyers Explain About The 6 Steps in a Bankruptcy Process

A lot of stigma and misinformation persists about bankruptcy that keeps many people from getting the debt relief they sorely need. Part of the reason for the misinformation is that most people don’t have personal experience with bankruptcy. Most people file once, and they don’t tend to talk about the details. So, if you haven’t filed for bankruptcy yourself, or you don’t have a close friend who filed and was willing to talk about it with you, you are unlikely to know what the process is like and you might have unreliable information filling in the gaps.

The best thing you can do to learn about bankruptcy and its benefits is to talk with a bankruptcy attorney in Gilbert. However, learning a little about the process can help you better understand its benefits, as well as help you have a more informed conversation with your Gilbert bankruptcy lawyer. Here’s a quick look at the stages of bankruptcy to help you understand it better:

Pre-Filing Counseling

Before you can file for bankruptcy, you have to meet with an approved credit counselor. The meeting will last for an hour or two, and in it, the counselor will talk to you about your finances, help you create a personal budget, and review your options through bankruptcy.

You must have this counseling meeting within six months of filing for bankruptcy. Your Gilbert bankruptcy attorney can recommend a counselor to complete this step.

Filing the Petition

After you complete this counseling, you are ready to file your bankruptcy petition. Your bankruptcy attorney serving Gilbert will create and file the petition after meeting with you and reviewing all your personal finances. You will need to provide many documents and answer many questions so your attorney will have all the information needed to create a complete petition.

The Automatic Stay

Once your bankruptcy attorney files the bankruptcy petition, an automatic stay is issued that prevents your creditors from contacting you or taking any other actions to collect on your debts. If your creditors have begun any legal action against you, such as collections or a lawsuit, these proceedings will be halted until a resolution can be reached with your bankruptcy.

If your creditors contact you after the automatic stay is issued, direct them to contact your Gilbert bankruptcy attorney.

Meeting of the Creditors

Generally about a month or two after your bankruptcy petition is filed, a meeting of your creditors will be scheduled. The meeting is scheduled to give creditors an opportunity to lodge a complaint or make a case against you, but this is rare. Usually, the only people who attend the meeting of the creditors are you, your bankruptcy attorney, and the bankruptcy trustee.

The meeting will last less than an hour. The bankruptcy trustee may ask you a few questions, but typically, the trustee will just confer with the bankruptcy lawyer to confirm details and finalize the filing. At the end of the meeting, the trustee will approve your Chapter 7 bankruptcy or will set up a payment plan for your Chapter 13 bankruptcy.

Debtor Education Course

The final step before your bankruptcy can be discharged is for you to complete an approved debtor education course. The course will cover financial basics like creating a budget, using credit appropriately, and managing your money. You may be able to complete this course online. If that’s not possible, the in-person course only takes about two hours.

Again, your bankruptcy attorney will be able to recommend approved courses for you to complete this step.

Discharge

In a Chapter 7 bankruptcy, once all these steps are finished, the bankruptcy trustee will review the filing and, barring any problems, will officially discharge the bankruptcy (and your debt). In a Chapter 13 bankruptcy, you will need to complete your repayment plan, which can take three to five years. Once you make your final payment, you will receive a notice of your discharge, which will finalize your bankruptcy.

The bankruptcy process is pretty straightforward, and it is made easier by working with a knowledgeable bankruptcy attorney in Gilbert. Your attorney will walk you through each step, answering any questions you have and ensuring that you are meeting all requirements. Your attorney will offer guidance to help you complete steps quickly and easily. With the right attorney on your side, you will get through the bankruptcy process quickly and with the debt relief you greatly need.

Call Gilbert Bankruptcy Lawyers today to learn more about bankruptcy and determine whether it’s right for you. You may be able to discharge your unsecured debts, such as credit cards and medical bills, through Chapter 7 bankruptcy, or you may be able to save your home from foreclosure and put your debts into an affordable repayment plan through Chapter 13 bankruptcy. We’ll review your finances and discuss your goals to help you determine the best bankruptcy strategy for maximum benefit. Call us in Gilbert today to schedule a consultation with a Gilbert bankruptcy lawyer.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Debt Collector Harassment: How to Stop Calls after Bankruptcy

Things You Can Do To Avoid Debt Collection Calls In Arizona

When you start to fall behind on your payments, the calls will start. Your creditors will start calling as soon as your payment is late, reminding you that your payment is due and asking you when you’ll be able to pay. Simply ignoring this call will not make it stop. The calls will come multiple times per day, every day, until you pay.

If you are having financial problems, you’re likely getting a lot of these calls. You may get multiple calls a day from multiple creditors. You may get calls at home and at work, as well as letters and emails. Finally, you get tired of the calls and become overwhelmed trying to keep up with the bills, so you talk to a Gilbert bankruptcy attorney and you file for bankruptcy. An automatic stay is issued, and the calls and letters come to a complete stop. Or, at least, they should.

What happens if you keep getting harassed by creditors after you have filed for bankruptcy or even after your bankruptcy has been discharged and you no longer legally owe the debt? Here are a few things you can do:

Reiterate Bankruptcy Status To Stop Bill Collection Harassment

Sometimes, you are still getting calls and letters from creditors because some wires have been crossed. The creditor may not have received notice about your bankruptcy filing, or it may have sent the letter before it received notice. It may just be a simple mistake that the creditor contacted you.

You can clear this up by simply reiterating your bankruptcy status. Let the creditor know that you have filed for bankruptcy, and direct them to your bankruptcy attorney in Gilbert if more information is needed.

Call Your Bankruptcy Attorney

Most creditors will stop calling once they get the reminder, but not all take the hint. If you still get calls or letters after you tell the creditors that you have filed for bankruptcy, call your bankruptcy attorney. Your attorney can contact the creditors directly or send them notice through the mail. Usually, that contact will be enough to get the creditors to stop.

Take notes during any call you have with a creditor, such as the time of the call, who you spoke with, and what they said. These notes can be used as evidence should the harassment continue and you have to take legal action.

Take Creditors to Court

It’s rare, but some creditors will still continue to harass you, even after you’ve told them about your bankruptcy filing and even after your bankruptcy attorney has contacted them. If they do this, they are breaking the law, and they are subject to criminal repercussions. You can take them to court to put an end to the behavior and to seek restitution.

Your bankruptcy attorney can guide you on how to proceed if you need to sue your creditors. Your Gilbert bankruptcy lawyer will be able to represent you in court, so you won’t have to search for additional legal representation.

When you are first struggling with debt and dealing with harassing calls and letters from your creditors, you may feel overwhelmed and powerless. You know you owe the money, and you know you can’t pay it. But that’s why bankruptcy protection exists. Not only does bankruptcy give you debt relief under the law, but it also provides protection against continued harassment from your creditors. If you have filed for bankruptcy and continue to be harassed by your creditors, know that you have options. Contact your bankruptcy lawyer to address the harassment and put an end to it.

Contact Our Bankruptcy Experts in Gilbert

If you are currently struggling with your debt, call Gilbert Bankruptcy Lawyers to learn if bankruptcy is right for you. Bankruptcy can put an end to the harassment you are facing, and it can give you debt relief to help you get back on firm financial footing. Chapter 7 bankruptcy can discharge all your unsecured debts, like credit card and medical bills, and Chapter 13 bankruptcy can restructure all your debts into a more affordable repayment plan. We represent individuals in both Chapter 7 bankruptcy and Chapter 13 bankruptcy. Call us in Gilbert today to talk with a bankruptcy lawyer about which chapter of bankruptcy would offer you the most benefit.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Life After Chapter 13 Bankruptcy: Can You Buy A House?

Gilbert Bankruptcy Lawyer’s Guide On Home Loans After Filing Chapter 13 Bankruptcy

One of the things that many people are most concerned about when considering whether to file for bankruptcy is whether they will be able to keep the house they have or to buy a house in the future. Chapter 13 bankruptcy is a popular choice for helping people to save their homes from foreclosure, but it can also help people restructure their debt when they make too much to qualify for Chapter 7 bankruptcy. Chapter 13 puts people on a more affordable debt repayment plan and helps them get back on firm financial footing over a three- to five-year period.

With time, your credit history and score will improve so that you can take on new lines of credit, including a mortgage for a new home. Here’s what you need to know about Chapter 13 bankruptcy and buying a new home:

Can You Buy A House While In Chapter 13?

Your Chapter 13 bankruptcy plan will last three to five years. After you have paid down some of your debt during that time, you may find that your finances are better and you are ready to buy a house. The trouble is that you can’t take on any new lines of credit without getting approval from the bankruptcy trustee first.

You may get approved if you have been making payments on time with your Chapter 13 bankruptcy plan and you have no past due accounts since your bankruptcy filing. However, you’ll need to talk with your bankruptcy attorney to know what to expect.

Getting A Loan To Buy A House

You may be ready to buy a home, but the banks may not be ready to lend you the money. You may be on steady financial footing, but the banks are still going to consider you a risk. Your bankruptcy filing shows that you have had some financial trouble in the past, and the banks want to put a long time between then and lending you money.

But don’t worry! You aren’t going to have to wait years and years. In some cases, you can get a loan a year after a bankruptcy discharge. Most lenders are willing to give you a loan after two years. However, if you are still in the middle of your bankruptcy plan, it may be a little while longer.

Seek Down Payment Assistance

The tricky bit about buying a house while you are still in the middle of a Chapter 13 bankruptcy repayment plan is the down payment. If you have managed to save enough for a down payment, the bankruptcy court is likely to believe that you have enough money to pay a bigger payment to your creditors. Your plan may be adjusted.

One option may be to borrow the down payment from a family member. However, even if the money comes from a family member, that’s still considered a loan, and the bankruptcy trustee still has to approve new lines of credit.

You will have a better time getting approved for a loan and moving through the process of buying a new home if you can wait until after your Chapter 13 bankruptcy plan is resolved. However, if you need to move before the end of your repayment plan, just talk to your bankruptcy attorney and your bankruptcy trustee about your options. You may have to go through a few extra steps, but it may still be possible to purchase a new home. Always work within your financial means to ensure your success, both for your short-term goal of buying the house but also for your long-term goal of ensuring that your debt remains manageable.

Looking For Debt Relief? Contact Experienced Bankruptcy Lawyers In Gilbert

Call Gilbert Bankruptcy Lawyers to learn about how bankruptcy can help you get the debt relief you need. We represent clients seeking debt relief through both Chapter 7 bankruptcy and Chapter 13 bankruptcy. A bankruptcy attorney from our team will help you understand how these options affect your ability to own or to purchase real estate, a vehicle, or other assets. Our goal is to help you get the maximum debt relief possible while protecting what you own. Call us in Gilbert to schedule a consultation with a bankruptcy lawyer today.

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

A Step-by-Step Guide to Understanding a Means Test

How To Pass The Chapter 7 Means test In Arizona

Most people are thinking of Chapter 7 bankruptcy when they think of bankruptcy. This is the chapter of bankruptcy that allows you to discharge all of your unsecured debt, such as credit cards, medical bills, and personal loans. It also provides an exemption for personal property, such as your home or vehicle, and the amount often lets most people keep these assets after filing for bankruptcy.

Unfortunately, simply deciding that it’s time to file for bankruptcy won’t be enough to do so. If you want to file for Chapter 7 bankruptcy in Gilbert, you must qualify to do so by passing what is know as the “means test.” You can look at charts online, but the best way to know if you pass the means test is to talk with a Gilbert bankruptcy attorney who can analyze your finances.

What Does the Means Test Measure?

Essentially, the means test is trying to determine your ability to pay back your debts. It does so by comparing your income to your expenses and calculating your total disposable income each month. If the court decides that you have enough disposable income to pay your debts, you will not be allowed to file for Chapter 7 bankruptcy.

You may feel that you do not have enough money left over each month to pay your debts, but the courts may not agree. The means test is meant to provide a fair measurement for making the determination.

Median Income

One of the most important criteria in the means test is how much money you make. Your income will then be compared to the median income in Arizona. If your income falls below the state median for a household of your size, you automatically qualify to file for Chapter 7 bankruptcy.
In 2020, median income in Arizona was as follows:

• 1 person in household – $4,359.92 monthly income, or $52,319 annually
• 2 people in household – $5,476.08 monthly income, or $65,713 annually
• 3 people in household – $5,975.33 monthly income, or $71,704 annually
• 4 people in household – $7,245.83 monthly income, or $86,950 annually
• 5 people in household – $7,995.83 monthly income, or $95,950 annually
• 6 people in household – $8,745.83 monthly income, or $104,950 annually
• 7 people in household – $9,495.83 monthly income, or $113,950 annually
• 8 people in household – $10,245.83 monthly income, or $122,950 annually
• 9 people in household – $10,995.83 monthly income, or $131,950 annually
• 10 people in household – $11,745.83 monthly income, or $140,950 annually

This part of the means test is the most straight-forward, so if you can pass on income alone, that will make this a much simpler process.
Disposable Income

If you do not pass the means test on income alone, all is not lost. The next step is to look at your disposable income to see if you qualify for Chapter 7 bankruptcy.

For this part of the means test, you will need to list all your expenses, including your housing, utilities, food, child care, medical expenses, and more. For some categories, you will only be allowed to enter a standard deduction. For others, such as child care, you will need to list the actual expense. This is a more complicated part of the means test, and your bankruptcy attorney will help you through it so you understand how to record expenses and how to interpret the test.

Your Gilbert bankruptcy attorney will help you learn right away if you are able to pass the means test for Chapter 7 bankruptcy. If you do not qualify for Chapter 7, that does not mean that you cannot get the debt relief you need through bankruptcy protection. You can most likely still file for Chapter 13 bankruptcy, which will restructure your debt into a limited repayment plan that you can afford.

Call Gilbert Bankruptcy Lawyers to determine whether you can file for Chapter 7 bankruptcy or to learn about your debt relief options through Chapter 13 bankruptcy. Our attorneys will analyze your finances to see if you pass the means test and to recommend the best course of action for maximum debt relief through bankruptcy. Our goal is to help you get the fresh start you need quickly. Call us in Gilbert today to schedule a consultation with an experienced bankruptcy lawyer and learn more.

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Self-Employed Bankruptcy Filing Manual

Guide On Filing For Bankruptcy While Self-Employed In Arizona

Working for yourself gives you great freedom, but also great responsibility. You have the ability to set your own schedule, make your own rules, and make your own profits. There’s no middle man – you see the direct results of your own effort.

But working for yourself also comes with a lot of risk. You are solely responsible for your losses (just as you are solely to benefit from your gains). After an extended period of losses, you might start to struggle with debt. You may be using your personal credit or assets to keep your business afloat, or just to support yourself while you are not pulling in the income you need. After a certain point, you may decide that you need to seek the advice of a bankruptcy attorney and look into debt relief through bankruptcy protection.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy is known as “total liquidation” bankruptcy because it allows you to completely discharge any unsecured debt. In order to file for Chapter 7 bankruptcy, you have to pass the means test. This test looks at your income compared to the median income in Arizona. You must fall under a certain income threshold to qualify.

The means test also looks at your disposable income each month by averaging your income for the last six months and subtracting your monthly debts, such as your rent or mortgage, your car payment, your credit card payments, and more. If you have too much disposable income – what’s left after expenses – you are unlikely to qualify for Chapter 7 bankruptcy.

Taking the Means Test When Self-Employed

In order to pass the means test, you have to provide documentation proving your income. In most cases, this is not a problem. Most people just show the required number of pay stubs, and that’s it. But if you are self-employed, you don’t have pay stubs. You likely don’t even have a stable income. Your income may fluctuate wildly from month to month.

To pass the means test, you will need to use what you can to show your income over time. Many submit their tax returns, and some also use their bank deposits. You’ll need to talk with a bankruptcy attorney to figure out the best way to show your income, depending on your personal circumstances.

Choosing the Right Type of Bankruptcy for You

You have two options for debt relief through bankruptcy: Chapter 7 bankruptcy and Chapter 13 bankruptcy.

If you do not have a lot of assets, such as a home that you are paying for or a business property, then Chapter 7 bankruptcy is likely going to give you the most debt relief. As a sole proprietor, your business debts are likely mingled with your personal debts and can, therefore, be discharged with Chapter 7 bankruptcy also.

If there are assets that you want to keep that would not be exempt under Chapter 7, then Chapter 13 bankruptcy might be the better choice for you. Under Chapter 13 bankruptcy, your debts are restructured into a payment plan that lasts three to five years. You make one monthly payment, and debts that are remaining at the end of the repayment term may be discharged. If you are behind on your mortgage or other accounts, you can include those payments in the restructured plan to avoid foreclosure or repossession.

Bankruptcy offers many benefits for those who are self-employed and who have fallen on hard times. You can file for bankruptcy protection if your business has been flagging and you have run up a lot of credit card or other debt. You can protect yourself from further losses and position yourself for a fresh start.

Contact Experienced Bankruptcy Lawyers In Gilbert

Call Gilbert Bankruptcy Lawyers today to learn more about how bankruptcy might be able to help you. An experienced bankruptcy attorney from our team will review your personal and business finances and talk to you about your goals through bankruptcy and then recommend the best course of action. We represent individuals in both Chapter 7 bankruptcy and Chapter 13 bankruptcy, and we can help you get fast debt relief. Call our bankruptcy law office in Gilbert today to schedule an appointment with a bankruptcy lawyer and learn more about your options for debt relief.

 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Is My Rental Property Exempt from My Bankruptcy?

You’ve finally hit your limit with your debt, and you’re ready to file for bankruptcy. You’re ready to give up all that credit card debt, those medical bills, and those personal loans. You’re ready to free up the money you need to pay your bills every month – no longer worrying about whether you’ll be able to pay the mortgage or make the car payment.

But you may be worried about what’s going to happen to your assets. You may have a rental property that is bringing you some income, and you don’t want to lose that. You’ll need to consult with a Gilbert bankruptcy lawyer to examine your particular circumstances and understand how bankruptcy law applies to you, but here’s a general overview of what you’re likely to find out:

Chapter 7 Bankruptcy

Most people who are thinking about filing for bankruptcy want to file for Chapter 7 bankruptcy in Gilbert. That’s because it liquidates your unsecured debt and let’s you walk away with a clean slate. You can start again, financially.

Before you can liquidate your debts though, you need to show that you are unable to pay them. That includes showing that you don’t have any assets that can be sold to pay your debts. Your assets include your home, your vehicle, your retirement accounts, and yes, your business properties.

Chapter 7 bankruptcy includes some exemptions. If you don’t have much equity in your home, you’ll be able to keep it. Unfortunately, a rental property would not be exempt from your bankruptcy proceedings. However, you may still be able to keep it if the equity is low because it just wouldn’t be worth the cost of claiming it and selling it to your creditors.

Chapter 13 Bankruptcy

With a Chapter 13 bankruptcy, you don’t have to worry about exemptions. None of your assets are considered to be seized or sold in this type of bankruptcy. Instead, your debts are reorganized under a new repayment plan that lasts three to five years. The plan will include one monthly payment based on your ability to pay. At the end of the repayment terms, you may even be able to discharge some of your debt.

Your rental property will be evaluated when determining your repayment plan. What you end up paying your creditors has to be equal to the equity you have in the property, as well as other assets you may have. Essentially, the bankruptcy court wants to make sure you are truly paying what you can to your creditors.

If your rental property has little equity – either because you haven’t paid much on it or because the value of the property dropped – you may come out ahead with a Gilbert Chapter 13 bankruptcy. You may be able to strip down the value of the loan, meaning that you can discharge the amount of the loan that exceeds the value of the property. You can pay what’s fair for your property. If you have fallen behind on your payments, you can also use Chapter 13 bankruptcy to catch up by including your missed payments in the repayment plan.

Filing for bankruptcy in Gilbert doesn’t have to mean losing all that you have built. There are mechanisms in place to protect your assets while giving you a chance to get the debt relief you need. If you own a business property, your bankruptcy attorney will work with you to show you how you can protect the business. You may even be able to save the business from foreclosure or get the mortgage to better reflect its value. Talk with an experienced bankruptcy lawyer serving Gilbert about your financial specifics to learn more.

Call Gilbert Bankruptcy Lawyers today to learn how bankruptcy protection can help you get the debt relief you need. Our bankruptcy lawyers represent clients for Chapter 7 bankruptcy and Chapter 13 bankruptcy. We also represent business clients seeking bankruptcy protection. Schedule a consultation with a bankruptcy attorney, who will closely review your finances and help you better understand your options. Our goal is to help you get the maximum debt relief possible under the law while also protecting your assets. We want to help you get a new financial future.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

How Much Debt Qualifies Me for Bankruptcy in Arizona?

You have struggled for months or even years with overwhelming debt, and you just haven’t been able to make a dent. In fact, your debt may have just gotten worse in that time since you don’t have the money to manage your basic expenses, and you may have taken out more debt to handle that. Or you may have taken on more debt in an attempt to pay off other debt, and the interest and fees just spiraled to make the situation even worse.

Now you are considering bankruptcy. But you may have heard that there are restrictions on who can file for bankruptcy in Gilbert. Your first question may be about your debt. Do you have enough debt to qualify to file? However, the question is not actually about how much debt you have, but about your ability to pay.

The Chapter 7 Means Test

Chapter 7 bankruptcy is the “total liquidation” bankruptcy that can discharge all of your unsecured debt, including credit cards, medical bills, and personal loans. In order to file for Chapter 7 bankruptcy in Gilbert, you must be able to pass the means test.

The means test starts by looking at how much money you make. You cannot make more than the median income in Arizona for a household your size. For example, if you have a household of four, you cannot make more than $86,950 per year and qualify for Chapter 7 bankruptcy.

After looking at how much you make, the means test is going to look at how much you spend each month on things like housing, food, and transportation. The goal is to determine how much disposable income you have and what could be used to pay your debts. To be able to file for Chapter 7 bankruptcy, you need to show that you have negative disposable income. Therefore, you may have a small debt amount and still be able to file for bankruptcy. It just depends on your income and overall expenses.

Filing for Chapter 13 Bankruptcy

It is much easier to file for Chapter 13 bankruptcy in Arizona. In a Chapter 13 bankruptcy filing, you enter into a debt repayment plan that lasts three to five years. The monthly payment is based on your ability to pay, and it may have a lower interest rate or result in a lower overall payment. You may even be able to have some of your debt discharged at the end of the repayment plan.

You do not have to meet any income requirements to file for Chapter 13 bankruptcy, but there are debt limits. You cannot file for Chapter 13 bankruptcy if you have more than $394,725 in unsecured debt or $1,184,200 in secured debt. You will also have to meet additional requirements, such as that you have filed your income tax returns, you are filing as an individual and not a business, and you have not had another bankruptcy dismissed within the last 180 days.

It can be confusing to try to wade through the rules surrounding bankruptcy and who can file and what can be discharged. It is much better to consult with an experienced Gilbert bankruptcy attorney and to hire an attorney to create the filing for you. Your attorney will help you understand all the ins and outs of the bankruptcy filing and will ensure that every form is completed properly and every guideline met so that nothing jeopardizes your bankruptcy filing. With the right bankruptcy attorney in Gilbert, you can get the maximum debt relief available under the law, and you can get it quickly.

Call Gilbert Bankruptcy Lawyers today to learn whether you qualify to file for Chapter 7 bankruptcy or to learn about your options with the different chapters of bankruptcy. Our team will analyze your finances and give you a comprehensive understanding of the best path forward through bankruptcy. We’ll work to help you get the maximum debt relief you can, and we’ll work to do it as quickly as possible. Call our bankruptcy law office today to schedule a consultation with a dedicated bankruptcy lawyer and learn how to get out from under your overwhelming debt. We’re ready to help you start your new financial life.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

A Strategic Guide to Bankruptcy Alternatives

Even when people are struggling to pay their bills and the delinquency notices are piling up, many people would like to avoid filing for bankruptcy if they can. They worry about the stigma that often comes with bankruptcy, and they worry about what bankruptcy will do to their credit (even though struggling with debt for years will actually be more damaging to their credit).

Misinformation is often the cause of people staying away from bankruptcy when they need it. Talking to a Gilbert bankruptcy attorney will help you get to the truth that can help you change your life and overcome your debt problems. If you still want to explore alternatives to bankruptcy, here are a few options:

Negotiate Directly with Creditors

Many times, your creditors may be willing to negotiate with you on what you owe. After all, they know there is a risk they won’t get anything if you are unable to pay and just keep getting more interest and penalties. You may be able to negotiate for a lower interest rate, or you may be able to offer the creditor less than what you owe in one lump sum.

Know that if you choose this option, you will need to contact each of your creditors individually, and not all of them will be willing to negotiate. You will also need to have a lot of cash ready to satisfy some debts. If you are struggling to pay already, chances are good that you don’t have those resources. You may be better off putting what money you have toward a bankruptcy lawyer in Gilbert.

Talk to a Credit Counseling Agency

Many people find themselves struggling with debt because they made some poor financial choices. In those cases, some good credit counseling and financial education can help them learn how to turn around their finances.

If you do decide to file for bankruptcy later, know that you will be required to take a credit counseling class anyway. It’s just good education that can help you build a stronger financial future.

Attempt a Debt Settlement

With a debt settlement, you negotiate a payment plan for what you owe. This requires negotiating directly with your creditors, but it is more likely to be successful because you are promising to pay all of what you owe. However, you will also continue to pay interest in most cases, and that can add hundreds or thousands of dollars to what you ultimately pay.

Under a Chapter 13 bankruptcy, you will also be on a debt repayment plan, but the amount you owe each month will be based on what you can afford, and your interest rate will be significantly lowered or eliminated. Under a Chapter 7 bankruptcy, you will have that debt discharged and won’t have to pay a thing.

While there are alternatives to bankruptcy, you can see that they don’t offer immediate relief, and they aren’t necessarily a sure thing. Your creditors may not want to negotiate with you, and other options may take too long and cost too much to give you real relief. In contrast, if you file for bankruptcy, you may be able to get immediate debt relief. If you qualify for Chapter 7 bankruptcy, you may be able to have all of your unsecured debt discharged. Or, if you file for Chapter 13 bankruptcy, you can reorganize your debt under an affordable payment plan that will be done in just three to five years. At the end of the time, you may be able to have your remaining debt discharged. You can get long-lasting debt relief.

Call Gilbert Bankruptcy Lawyers today to learn more about how bankruptcy may help you get the debt relief you need. We’ll examine your finances and help you understand whether Chapter 7 bankruptcy or Chapter 13 bankruptcy would provide you the maximum benefits, based on your financial goals, such as being able to keep your home or other assets. We’ll help you understand every step of the process and ensure that you have the knowledge to make the right choices for your situation. Call us in Gilbert today to meet with a bankruptcy lawyer and learn more about your options.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Foreclosure Woes: What are Your Rights?

You know that trouble is waiting for you month after month as you fail to come up with the money for the mortgage once again. You may try to negotiate with the bank directly, to no avail. Or you may just keep hoping that things are going to turn around for you financially and you’ll be able to catch up on the payments.

Eventually, time runs out and you are out of options. You get the notice that the bank is going to begin foreclosure proceedings against you. You may feel like you’re at the end of the line. But you’re not! In fact, you still have rights and options, and filing for bankruptcy is one of them. A Gilbert bankruptcy attorney may be able to help you save your home – or simply walk away from it with a cleaner slate than you would have if you let it fall into foreclosure. First, you need to decide what your goals are for the home.

Chapter 7 Bankruptcy

You may decide that you don’t want to stay in the home. Maybe the home has fallen below the value it once had, or maybe you just feel like maintaining it is more trouble than its worth. Maybe you just know that you aren’t going to be able to keep up with the payments in the future. So you’re ready to walk away.

If you can qualify to file for Chapter 7 bankruptcy, you may be able to have all of your unsecured debts discharged, and you may be able to discharge any debt that you owe after the house is sold in foreclosure. Typically, you would owe what was left over after the foreclosure auction. However, since you no longer own the home, there would be no more asset for you to draw on to pay what you owe. You can walk away free and clear.

Filing for bankruptcy in conjunction with foreclosure can help you to recover your credit more quickly after the dust settles. In addition, the foreclosure process will be much longer with a bankruptcy filing in play, and that will give you more time in the home, which will give you more time to figure out your next steps.

Chapter 13 Bankruptcy

If you decide that you want to keep your home, you have two options: Get caught up on the payments within a certain amount of time or come up with all the money left on the loan and pay it off. Since you are struggling to make your monthly payments, both of those options may seem impossible.

If you file for Chapter 13 bankruptcy in Gilbert, you can put your debts into a debt repayment plan that you can afford, and that can give you the option to catch up what you owe on the mortgage. You will have more time to get caught up, and you’ll do it on a payment plan that actually fits your budget.

At the end of your Chapter 13 repayment plan, which is usually three to five years, you may also be able to discharge any debt you have left. Chapter 13 bankruptcy also allows you to “strip off” second mortgages that may be valued more than your home. Your Gilbert bankruptcy attorney will look at your mortgage and let you know what’s possible.

Hiring a Bankruptcy Attorney

The specter of foreclosure can be intimidating and overwhelming. Don’t let it scare you into inaction. Call a bankruptcy attorney to learn how you might be able to save your home from foreclosure or how you might be able to exit the process cleanly with the help of bankruptcy.

Gilbert Bankruptcy Lawyers is ready to help. A bankruptcy attorney from our team will analyze your finances and help you understand how Chapter 7 bankruptcy or Chapter 13 bankruptcy can help you, depending on your circumstances. An attorney will talk to you about your goals and will help you determine the best strategy for maximum debt relief while still meeting your goals. We want to help you get the maximum debt relief possible. Call our bankruptcy law office in Gilbert today to schedule a consultation with an experienced bankruptcy attorney and learn more about your options.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

The late notices and “final warning” letters will only continue for so long. No, the debt won’t just disappear. Your creditor won’t just give up, realizing that you aren’t going to pay the bill (or that you can’t). If you don’t take steps to negotiate with your creditor or to work out a payment plan, your creditor is likely to take the next step and bring legal action against you.

When this happens, don’t be caught unawares. You can talk to a lawyer about fighting the lawsuit, but you will spend a lot in legal fees just to learn that you have to pay the creditor. If you cannot pay, you can talk to a bankruptcy lawyer in Gilbert about your options for debt relief. You may be able to get your debt reorganized into an affordable payment plan, or you may be able to have your debt discharged completely, depending on the type of bankruptcy you file and the type of debt you have. Filing for bankruptcy in Gilbert will issue an automatic stay, which will put an end to all legal action being taken against you, at least until the bankruptcy is resolved. 

Here’s what you can expect if you are sued by a debt collector or creditor:

Getting the Summons and Complaint

The first action of the lawsuit is for your creditor or the debt collector to send you notice of the legal action being taken against you. You will receive a summons, which will give you the basic information, such as where your case will be heard and when. The summons will also include a return date, which is the deadline for you to file a response. If you don’t take any action by this date, the creditor will automatically win a judgement against you. 

With the summons, you will also receive a complaint, which outlines the argument against you. It will include information like how much money you owe and the party that is suing you. If a debt collector is now suing you, the complaint will also include the name of the original creditor. 

Filing an Answer

It is important that you file an answer when you receive notice of the lawsuit. Otherwise, the debtor will automatically win a judgement against you, which will include steep fines and penalties. Your wages may then be garnished or your bank accounts levied.

Talk to an attorney as soon as possible to learn the best way to respond. If you are unable to pay the debt, now would be a good time to talk with a Gilbert bankruptcy attorney about how bankruptcy could get you the debt relief you need. You may be able to discharge the debt for which you are being sued, or you may be able to include it in a debt repayment plan that you can better afford. Either way, filing for bankruptcy will issue an automatic stay that will keep the lawsuit from moving forward until a judgement can be made about your filing and your debts.

Potential Repercussions

Allowing the lawsuit against you to proceed – or failing to get the proper legal representation – can result in serious repercussions. The creditor is likely to win a bank levy or a write of garnishment, which means that funds in your bank account can be taken, or the debt can be taken from your paycheck. If you are having trouble making ends meet now, imagine how things will go with smaller take home pay or with less money in your account. 

Don’t allow that to happen. Call an attorney to fight the lawsuit, or call a bankruptcy attorney serving Gilbert to get needed debt relief. 

Hiring an Attorney

You should never attempt to handle any lawsuit without legal help. You need a legal advocate on your side, helping you understand your rights and your options. Otherwise, you risk being bullied and winding up on the losing side. 

If you are facing a debt-collection lawsuit, call Gilbert Bankruptcy Lawyers today to learn about your options through bankruptcy. We can help you understand how Chapter 7 bankruptcy or Chapter 13 bankruptcy may help you get out from under your crushing debt and avoid legal action. Our goal is to help you get the maximum debt relief possible so that you can take control of your finances once again. Call us in Gilbert today to schedule a consultation with an experienced bankruptcy attorney today. 

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Can I File for Chapter 7 Bankruptcy in Arizona and Keep My Car?

Some people are hesitant to file for bankruptcy, even when they are mired in debt and are facing ongoing harassment from their creditors. They may start getting notices of repossession or even of foreclosure, yet they still don’t take action. There is a lot of stigma around bankruptcy, with many people thinking that it’s a moral failing or that it will destroy their credit. The reality is that bankruptcy is a legal right designed specifically for people like you who are struggling with debt, and filing for bankruptcy can actually save your credit from the damage that late payments, high balances, and delinquencies will inflict on it year after year.

Another reason that some people are hesitant to call a Gilbert bankruptcy lawyer and learn about their options is they are worried about losing their home or their car. But, in many cases, you can exempt these items from your bankruptcy filing or can take other steps to protect them. Here are a few things that might be possible:

Exemption

If you file for Chapter 7 bankruptcy in Gilbert, you can gain maximum debt relief. Your unsecured debts can be completely discharged, which means that you will not have to pay them. There is no limit on how much debt can be discharged, only on the type of debt. Secured debts like auto loans and mortgages cannot be discharged.

You have to pass a meant test to qualify to file for Chapter 7 bankruptcy. That test looks at not only your income, but also your assets. Bankruptcy law allows you to keep an asset up to a certain value. So, if you are still paying on your vehicle and don’t have a lot of equity in it, or if you own your vehicle outright but it is older and not worth much, you will likely be able to keep your vehicle since its value will likely be within the exemption amount.

Restructuring the Debt

Perhaps you have already fallen behind on the payments for your vehicle and you are facing repossession. Bankruptcy cannot discharge what you owe. Since the debt is secured, your auto lender can repossess your vehicle to satisfy the debt, even if you have filed for Gilbert Chapter 7 bankruptcy and received a discharge.

However, if you file for Chapter 13 bankruptcy in Gilbert, you can restructure your debt and catch up on those missed payments, allowing you to keep the vehicle. Under Chapter 13, your debts are included in a structured payment plan. You make one monthly payment for all your debts that you can actually afford. At the end of the repayment plan, which can last three to five years, you may be able to discharge whatever debt is left. You would need to discuss the specifics of your case with a Gilbert bankruptcy attorney to know what’s possible.

Forsaking the Vehicle

You may decide that you don’t actually want to keep your vehicle. You may have fallen too far behind in your payments, and you may not want to (or be able to) pay to catch up the payments. Or maybe you want to discharge your debt, rather than restructure it. If you have more credit card debt than secured debt, you may just want to Chapter 7 bankruptcy.

Whatever the reason, you may just decide to let the car go. You may file Chapter 7 to deal with your other debt, and you may decide to let your lender repossess the vehicle.

You have a number of options to deal with your debt. Talk to a bankruptcy attorney serving Gilbert to find out the best strategy for using bankruptcy to get the maximum debt relief possible.

Call Gilbert Bankruptcy Lawyers to learn more about your options through bankruptcy. A Gilbert bankruptcy attorney from our team will sit down with you to review your finances and to better understand your goals through bankruptcy. The attorney will then recommend strategies for meeting those goals through bankruptcy and relieving you of as much debt as possible. We handle both Chapter 7 bankruptcy and Chapter 13 bankruptcy cases. Call us in Gilbert today to schedule a consultation with a trusted bankruptcy attorney and learn more.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Tracking the Critical Stages of Chapter 7 Bankruptcy

Filing for Chapter 7 bankruptcy can give you enormous debt relief. You can get all of your unsecured debt discharged if you qualify, including all your credit card debts, medical bills, personal loans, and more. Imagine how your finances would look if you suddenly didn’t have to pay for any of those things. That’s what fling for Chapter 7 bankruptcy in Gilbert can do for you.

However, many people avoid getting the debt relief they need through bankruptcy because they are confused about the bankruptcy process. They think it will be too complicated or too expensive, or that it will destroy their credit. The truth is that bankruptcy can actually save your credit, as opposed to you struggling with delinquencies and high balances for too long.

Talk to a Gilbert bankruptcy lawyer to demystify the process and make the whole process a lot easier for you. Here’s what you’ll learn about the critical stages of the Chapter 7 bankruptcy process:

Consultation

Start the bankruptcy process by scheduling a consultation with an experienced bankruptcy attorney in Gilbert. The attorney will review your financial circumstances and help you understand if Chapter 7 would be the right option for you, or if you would be better off with Chapter 13 bankruptcy or another option. The attorney will also help you learn if you are qualified to file for Chapter 7, which requires passing a means test that evaluates your income and assets.

Retain an Attorney

After reviewing your options, if you decide to move forward in the process, you will have to retain an attorney to get things started. You will need to sign a contract, and you may need to pay a deposit or even the full amount. Your Gilbert bankruptcy attorney will let you know what the options are for payment.

Put Together Paperwork

You will need to provide your attorney with a lot of paperwork that he or she will use to prepare your filing. That might include a credit report, information about old debts, information about payments, information about your assets, and so on. You will also have to sign a number of forms.

Your bankruptcy attorney serving Gilbert will go through what is needed and work with you on putting all this paperwork together.

Take the Counseling Course

You are required to take a credit counseling course before you file for bankruptcy. The course takes about 90 minutes to complete, and it costs about $15. Your attorney will advise you on when and where you can take this course for your convenience and for the expediency of your case filing.

Case Preparation

Your attorney will then get to work on preparing your filing. Your bankruptcy attorney in Gilbert will review all your paperwork and will reach out to you if anything else is needed for your filing. Many attorneys who accept payment plans for your legal fees also require that the final payment is delivered at this stage.

Sign and File

You will be given a chance to review your paperwork. Then you will be asked to sign everything, and your attorney will file the paperwork.

Meeting of Creditors

A meeting of your creditors will be scheduled about a month after the bankruptcy paperwork is filed. The meeting is brief – maybe even just 10 minutes – and it involves a bankruptcy trustee asking some basic questions about the case. You likely won’t even need to attend this meeting. Your attorney will be able to answer questions on your behalf.

Take the Debtor Education Course

You will have to take a final course before your bankruptcy can be discharged. You have to take a debtor education course with 45 days of your meeting of creditors. This is another 90-minute course, and it also costs about $15. You can take it online, and it will cover good financial management tips to help you avoid running into problems with debt in the future.

Discharge

So long as you take your debtor education course, your bankruptcy case can be discharged 60 days after your meeting of creditors. That means that your debts can be completely wiped out. You will no longer owe anything to your credit cards, your medical providers, and other unsecured creditors. Your Gilbert bankruptcy attorney will advise you long before this stage what debts are included in the filing.

If you are struggling with debt, call Gilbert Bankruptcy Lawyers today to learn more about how bankruptcy may be able to help you. We represent clients in both Chapter 7 bankruptcy and Chapter 13 bankruptcy, and we’re ready to help you find the option that will give you the maximum debt relief. We also help businesses who are looking for protection under bankruptcy law. Call us in Gilbert today to schedule a consultation with a bankruptcy lawyer and learn about your options.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Steps to Take When Your Bank Account is Garnished

Creditors will take a number of measures to collect on what you owe. You will receive a number of notices in the mail, and you will be called repeatedly by representatives. Eventually, the creditor will start levying fines, and then it will start looking at legal ways to collect your debt. One way that your creditor might try to collect on what you owe is to seek wage garnishment. 

Ideally, you would take steps before wage garnishment goes into effect. You may be able to negotiate a settlement with your creditor or set up a payment plan. However, if you are not able to pay at all, you may talk to a Gilbert bankruptcy attorney about your options for debt relief. You may be able to get your debt discharged through a Chapter 7 bankruptcy, or you may be able to get it restructured in a repayment plan that you can actually afford. 

Lawsuit

Before creditor starts garnishing your wages, it has to file a lawsuit against you. You will receive notice that this is happening, and you will have the opportunity to reply to the lawsuit and to participate in the process. This is not the time to bury your head in the sand and hope the whole thing goes away. It won’t. 

Work with a lawyer to fight the process if you can afford it. If not, hire a bankruptcy lawyer in Gilbert to explore your options for debt relief. Filing for bankruptcy can put an end to any legal action being taken against you – at least until the bankruptcy is resolved. 

Writ of Garnishment

If a creditor wins a judgement against you, the court will issue a Writ of Garnishment. This is a legal document that the creditor will give to your bank or your employer. Your bank will freeze money in your account as soon as this is received. If you know it is coming, you can try to be quicker than your creditor and withdraw that money before the writ is filed. You should focus on accounts that you share or supervise, such as accounts for your children.

Claim of Exemption

If you want to stop your bank account or wages from being garnished, you will need to file a Claim of Exemption within 10 days of the Writ of Garnishment being filed. The claim tells the court that money in your account is exempt and should not be garnished. Funds that would qualify as exempt include things like social security disability income and child support. 

Ideally, you would have a separate account for these funds so that you could easily show what funds came from what sources. However, you can get an Gilbert bankruptcy attorney to work with you on filing the Claim of Exemption to increase your chances of success. You may also consider filing for bankruptcy before the funds are transferred, which may put a stop to the transfer or help you get back money shortly after it is transferred.

Protecting against Future Levies

There are a few ways you can protect against additional levies or wage garnishments for this or future debts. You can hire a lawyer and fight the civil case, which you may not win if you actually owe the money. You can try to negotiate with the creditor directly to settle your debt, possibly even lowering it. 

However, the most effective way to deal with levies and wage garnishments is to file for bankruptcy. Filing for bankruptcy will give you long-term debt relief. As soon as you file, it will trigger an automatic stay, which will put a stop to any legal action being taken against you, including wage garnishments and bank levies. 

Contact Gilbert Bankruptcy Lawyers today to learn more about how filing for bankruptcy may help you get the debt relief you need. An experienced bankruptcy attorney from our team will review your finances and talk over your goals with you to help you understand the best strategy. We represent clients in both Chapter 7 bankruptcy and Chapter 13 bankruptcy. We also represent business clients who are seeking protection through bankruptcy. Call us in Gilbert today to talk with a bankruptcy lawyer about your options.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Foreclosures vs. Short Sale: Which One Affects Your Credit More?

Your mortgage is likely your biggest expenses. If you start having trouble with debt, you are likely to continue paying your mortgage, since that is your most important expense. But over time, as your debts continue to mount, you may find it harder and harder to pay that large expense every month. Eventually, you may start falling behind on your mortgage payments. At first, you may just get notices to pay, accompanied by late fees, but after more time passes, you may start getting warnings about potential foreclosure action.

To head off a foreclosure, you may start thinking about a short sale. But really, you might need to talk to a bankruptcy attorney in Gilbert about your long-term options for debt relief. Not only will your credit score recover more quickly, but it can also help you to save your house (if you want to save it).

Foreclosure

More people know about a foreclosure than they do a short sale. Your mortgage lender can initiate foreclosure proceedings against you if you fall behind on your mortgage. You will get ample notice of such proceedings and given a chance to come current on your mortgage. But eventually, if you do not pay on time, your lender can have you evicted and can sell your house at auction to try to recoup what you owe on the mortgage. If the house sells for more, you will get the surplus. If it sells for less, you may still owe your lender.

A foreclosure will be a massive hit to your credit. Exactly how many points you will lose depend on a variety of factors, including your overall credit history before that, where you live, and more. However, financial analysts report that you can experience a drop of as much as 300 points.

Short Sale

With a short sale, you are taking a somewhat more proactive approach to stopping a foreclosure, but the end result is the same: You lose your house. A short sale happens when you sell your house for less than it is worth. Once you have a buyer, you have to apply to have the short sale approved by your lender, which will also require you to provide evidence of hardship. If the short sale is approved, you can often walk away without owing anymore money.

Like a foreclosure, a short sale will make a significant dent in your credit score. Analysts disagree on whether a short sale will hit your credit worse than a foreclosure, but general consensus seems to be that scores will fall about the same for both. In some cases, short sales come out slightly ahead in terms of credit score since they are seen as more proactive.

Bankruptcy

If you are struggling so much with debt that you are unable to pay your mortgage, it is worth talking to a Gilbert bankruptcy attorney. By filing Chapter 7 bankruptcy, you can discharge unsecured debts that are eating up your disposable income, such as credit card payments, medical bills, and personal loans. You can’t discharge any unpaid mortgage debt, but you may be able to free up enough money that you can pay back what you owe on your mortgage finally.

Alternatively, you can file Chapter 13 bankruptcy in Gilbert to restructure your debt so that you can afford it in one monthly payment. Your unpaid mortgage debt would be included in that repayment plan, which lasts for three to five years. You may be able to save your house from foreclosure by filing for Chapter 13, while also getting your debt under control. At the end of the repayment period, you may be able to discharge remaining debt, as well as any second mortgages that may be worth more than your house is now.

In addition to all these benefits, filing for bankruptcy will also be less of a blow to your credit than a foreclosure or short sale, and you’ll be able to start building your credit more quickly after all is said and done. Talk to a bankruptcy lawyer about how you can use bankruptcy to get the debt relief you need.

Call Gilbert Bankruptcy Lawyers to learn more. We represent individuals who file Chapter 7 bankruptcy or Chapter 13 bankruptcy. If you own a business, we can also represent you in Chapter 11. Our goal is to maximize your debt relief in as short a time as possible. We’ll review your finances and help you understand the best strategy. Call us today to schedule a free consultation with a bankruptcy lawyer.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Divorce and Bankruptcy: Common Misconceptions about Divorce Debt

Divorce and bankruptcy can both be complicated. Put them together, and you may have even more confusion. There are a lot of questions that will arise for which you’ll need the experienced counsel of your Gilbert bankruptcy attorney and your divorce attorney.

It’s important that you talk through some issues with your attorneys ahead of time so you know what to expect and you can plan appropriately. Here are a few common misconceptions that come up about divorce and bankruptcy:

The Debt Wasn’t in My Name, So I Don’t Have to Pay

You may not feel like you have anything to worry about if the debt was in your spouse’s name, such as a credit card or a car loan. However, if the debt was incurred during the marriage, the courts may look at it as community property. That is especially true if the debt was incurred for things used by the family, like an automobile.

When you divorce, you will need to specify the division of both assets and debts, including those that are in a singular name. Then, if you file for bankruptcy, you know which debts are your responsibility.

My Ex Took the Debt, So I Don’t Have to Pay

When you separate, you may decide for yourself who is taking which debts with them. Often, that will mean taking whatever debt was in your name and writing a check for those that were joint accounts. Or you will get the divorce, make a formal arrangement of who pays what debts and who keeps what assets. However, the divorce settlement is only between you and your ex – it doesn’t actually offer legal protection against creditors.

Your ex agrees to “indemnify” you against debts that he or she assumes in a divorce settlement. What that really means is they agree to pay it. But if they stop paying it, the creditors can still pursue you for the debt. You can take them to court for violating the divorce order, but if they don’t have the money to pay, there’s not much the court can do.

The best thing to do is take steps after your divorce to protect yourself, such as refinancing your debt into your name alone and encouraging your ex to do the same. You may also be able to give up your interest in the debt, such as by signing a quit claim deed for a property.

I Included the Debt in My Bankruptcy after the Divorce, So I Don’t Have to Pay

You may be the one who has to protect your ex from your creditors. When you divide your debts in the divorce, you are also responsible for paying them. Just because you file for bankruptcy in Gilbert and relieve your own obligation to the creditor to pay does not mean that your ex is off the hook. Bankruptcy doesn’t make the debt go away completely – it just makes it go away for you. But you still have your divorce agreement in which you agreed to satisfy the debt and keep your ex from having to pay it, and filing for bankruptcy won’t ensure that.

You will need to encourage your ex to take steps to dissociate from the loan, such as by signing a quit claim deed, refinancing accounts into their name, and so on.

There are a lot of scenarios that can arise concerning debts that you shared with your ex or that you incurred during your marriage. Right after divorce is a time that a lot of people look at bankruptcy because their incomes have been reduced and their living expenses have increased. Make sure you are working closely with a Gilbert bankruptcy attorney and divorce attorney to cover all your bases during this time.

Call Gilbert Bankruptcy Lawyers if you are thinking of filing bankruptcy and are in the middle of a divorce or have recently finished a divorce. We’ll help you understand the steps you need to take to get debt relief and protect yourself against liability. We can counsel you on what steps to take to protect yourself against future debt claims because of your ex. Call us today to schedule a free consultation to learn more about Chapter 7 bankruptcy and Chapter 13 bankruptcy and how they might help you get the debt relief you need.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Bankruptcies and Debt Settlements: Know the Difference

Credit card debt can get away from the best of us. Once those balances creep up, they become harder and harder to pay down. You start to have higher monthly payments that you can’t meet, and you struggle to make the numbers drop since interest rates tack on so much every month. You may get to a point where simply paying the monthly minimum is no longer a viable solution for managing your debt.

You may start thinking about negotiating a debt settlement with your lenders, or you may be wondering if filing for bankruptcy is right for you. It’s worth taking a look at both to understand which option would likely help you the most:

Debt Settlements

To get a debt settlement, you would contact your credit card company and ask them for the settlement. You would offer an amount to satisfy the debt and close the account. For example, if you owe $15,000, you might make a settlement offer of $12,000. If the lender accepts, you arrange to pay that money, and the account will be closed.

You may have to make a lump payment to satisfy your debt, but if you owe a large amount, your lender may agree to let you make payments. Know that if you default on your payments, the lender can (and likely will) sue you for the entire amount, plus penalties. Also know that your creditor may not agree to a debt settlement if you are able to make a large lump sum amount. If you have $12,000 readily available to pay your $15,000 debt, for example, the bank may think you are more than capable of paying the full amount.

Of course, your creditor may not agree at all to a debt settlement. If you have multiple creditors, they may reject your settlement offer thinking that you can ask another lender to settle, while that bank can collect its full amount. Or, if you have assets like a home or a car, the bank may demand that you liquidate your assets to pay the debt.

Even if the bank does agree to your settlement offer, know that you may still take a hit. You may have to pay taxes on the amount that is forgiven, since it may seen as a benefit or “net income” to you.

Bankruptcy

In many cases, filing for bankruptcy may be the better option to manage your debt. If you qualify for Gilbert Chapter 7 bankruptcy, you can discharge all of your unsecured debt – credit card debt, medical bills, personal loans, and so on – without any negotiation with your creditors. Your Gilbert bankruptcy attorney will submit your bankruptcy filing to the court, which will review it and make the determination. Then you’ll be free of that debt completely, without having to pay any of it.

Chapter 7 bankruptcy also includes provisions for you protecting our assets, depending on their value. You may be able to safeguard your home, vehicle, and other personal assets so that you don’t have to sell any of them to pay your creditors.

If you can’t qualify for Chapter 7 bankruptcy based on your income, you can file for Gilbert Chapter 13 bankruptcy instead. With Chapter 13, your bankruptcy attorney will create a debt repayment plan for you that lasts between three and five years. You will make a single monthly payment to the bankruptcy court that will then be dispersed to your creditors. At the end of the repayment plan, any debt that remains may be discharged by the court.

Bankruptcy offers a lot of advantages over a debt settlement offer, and it may help you be free of your debt much more quickly. It’s worth talking to a bankruptcy attorney about your options if you find yourself struggling with debt.

Gilbert Bankruptcy Lawyers are ready to help. We help individual and business clients get free of their debt through bankruptcy protection. We will review your finances thoroughly and help you determine the best strategy to get maximum debt relief. You can start taking control of your finances and get a second start. Call us in Gilbert today to schedule a free consultation with an experienced bankruptcy attorney and learn about your options.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Avoid These Disastrous Mistakes To Keep Your Social Security Safe

Your Social Security is owed to you after you have worked and paid into the system. It provides a safeguard so that you have some financial support after you retire or are no longer able to work. You should be able to count on it.

However, if you file for bankruptcy or if you are simply in over your head in debt, your creditors may have a right to seize your assets to satisfy your debts, and your Social Security may be in the crosshairs. Even though federal law exempts your Social Security from being claimed by creditors, there is a chance that this income can get mixed up with your other assets and still get taken. Here are a couple of mistakes you should avoid in order to keep your Social Security safe: 

Commingling Your Funds

One of the most common reasons that it can be so hard to protect your Social Security funds is that you may not be able to prove which of your funds comes from Social Security. If you are depositing that money into the same bank account where you deposit other income, alimony, unemployment benefits, gifts, or other money, you have no way to show which money is Social Security and which isn’t. You are depositing and spending money from that account, so you can’t just show Social Security deposits as proof. How can you say how much you spent was from your Social Security and how much you spent came from other sources?

The best way to protect your Social Security money is to deposit it into an account designated solely for those funds. Open up a new account, and only put your Social Security money into that account. Then be careful not to open up any lines of credit with that bank. 

Failing to Use Direct Deposit

Set up direct deposit for your Social Security checks. Doing so will ensure that these deposits are protected for up to two months. If you don’t take this step, a creditor can send a Writ of Garnishment to your bank and those funds can be taken. Sure, you can file a Claim of Exemption later, but that process can take a while, and in the meantime, you can lose a lot of money.

When your Social Security is direct deposited into your bank, your bank automatically knows what it is and that it is protected. Any Writ of Garnishment would be denied. Without that direct deposit, the bank only knows where the money is coming from because you tell it – and, again, that process can case you to lose a lot of money. You may eventually get your money back, but it can take weeks or months, and you can spend a lot of time and money in the process. Save yourself a lo of grief and set up the direct deposit to protect your money. 

Social Security benefits are something we all work to get, and you should not fear that your creditors will take that hard-earned money from you because you are having problems with debt. Make sure you take the proper steps to protect this and any other exempt money that you receive, such as veteran’s benefits, military annuities, Social Security Disability Income, student assistance, and more. If you are struggling with debt and are facing Writs of Garnishment, consider talking to a Gilber bankruptcy attorney about long-lasting debt relief. If you have filed for bankruptcy already, talk to your bankruptcy lawyer in Gilbert about steps you can take to protect your exempt income or other assets. 

Call Gilbert Bankruptcy Lawyers if you are struggling with debt and want to put a stop to wage garnishments, harassing phone calls, and other debt collection measures. Our experienced bankruptcy attorneys will carefully review your finances and help you understand whether bankruptcy may be the right choice for you for long-lasting debt relief. We represent clients in both Chapter 7 bankruptcy and Chapter 13 bankruptcy. During a free consultation, we will thoroughly analyze your debts and finances to help you understand how to get maximum debt relief while also meeting your goals, such as keeping your personal property. Call us in Gilbert today to schedule a consultation with one of our experienced bankruptcy attorneys. 

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

A Guide to Managing Your Credit Report after Filing for Bankruptcy

Filing for bankruptcy can be one of the best things for dealing with your debt. You could struggle for years to pay off your debt, bit by bit, just chipping away at it like trying to carve a sculpture into a glacier with an icepick. Or you can get a power sander and some dynamic and get the same job done much faster. That’s what bankruptcy is for your debt. You can dismiss your debt completely or get it reorganized under a more affordable payment plan, depending on your circumstances. 

You may be worried that filing for bankruptcy will destroy your credit. While bankruptcy will be a blow to your credit initially, it will not cause as much damage as would continuing to have high debts that you cannot pay. By working with a Gilbert bankruptcy attorney and filing the right chapter of bankruptcy, you give yourself the opportunity to restore your credit and your finances much more quickly. 

The actions you take after filing for bankruptcy also make a difference. Here are a few things you can do to restore your credit after your bankruptcy discharge: 

Get a Secured Credit Card

It may take awhile for you to get approved for a typical credit card after your bankruptcy. Most credit cards are unsecured, meaning that the company is relying on nothing more than your perceived ability to pay when deciding to lend you money. You aren’t likely to get one of these if you have a history of not paying.

However, there are secured credit cards, which are backed by a cash deposit. The lender allows you to borrow up to the amount you have. If you default on your payments, the lender knows it can seize that deposit and satisfy your debt. You are much more likely to be approved for such a card. Apply for and use your secured credit card regularly to start building a positive credit history.

Pay Everything on Time

There are other things you may continue to pay after your bankruptcy that report to your credit, such as your car insurance, your phone bill, or other utilities. Be sure that you pay all of these bills on time, every month. Over time, your credit score will slowly improve with your consistency. 

You won’t see dramatic improvements with this strategy alone, but when you combine it with other strategies, you will see big gains with time. 

Keep Applications to a Minimum

Every time you apply for new credit, an inquiry shows up on your credit report. The more inquiries you have, whether they resulted in approved applications or not, the more damage will be done to your credit score. The reason is that a lot of inquiries makes it look like you are having money problems and are looking to rely on credit to solve them. 

Keep your applications to a minimum. If you apply a couple of times and are denied, wait a few months before you apply again. Continuing to apply will only damage your credit more. 

Review Your Report Regularly

You need to keep tabs on your credit report to make sure that everything reported there is accurate. You don’t want your score to suffer needlessly because there’s an inaccuracy on your report. 

You can get a free credit report once a year. You should consider paying or a report every three to six months in addition to that. If you spot any errors on your report, file a correction with the credit bureau immediately. 

Rebuilding your credit after a bankruptcy filing will take a bit of time, but it likely won’t take as long as you think. You just need to stick to a budget and follow these steps, and you’ll see your score rebuild slowly. You’ll be free of debt, you’ll have the money to meet your needs, and you’ll soon have a credit score that will allow you to get approved for loans you might need as time goes on, such as to buy a new car or a home. 

Contact Gilbert Bankruptcy Lawyers today to learn more about the different types of bankruptcy and how they might help you get the debt relief you need and start rebuilding your financial future. We represent individuals on both Chapter 7 bankruptcy and Chapter 13 bankruptcy, and we represent businesses who need bankruptcy relief. We’ll help you understand how each of the options might benefit you the best. Call our bankruptcy law office today to schedule a consultation.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

How to Handle Your COVID-19 Debt

The COVID-19 pandemic has changed our lives in dramatic ways in a very short period of time. Within weeks after the first stay-at-home orders were issued, millions of people had been laid off from their jobs. Millions more had to take a pay cut, were furloughed, or were temporarily suspended from their jobs. All of that has led to a surge in unemployment claims and calls to bankruptcy attorneys in Gilbert. 

Many people are now struggling to make ends meet and are using credit cards or taking out loans to get there. Unfortunately, that is going to lead to overwhelming debt later. Instead of relying on credit cards, here are a few things you can do to manage your COVID-19 debt so you don’t come out the other side with a bankruptcy filing: 

Get Whatever Income You Can

You may have been laid off, or you may be in a job that you can’t work until things open back up, but you need an income to live. The first thing you can do is file for unemployment benefits to get whatever income you can coming in as soon as you can. 

In the meantime, apply for all the jobs you can. Consider working jobs you might not otherwise while you are trying to find a better-paying job that you would enjoy. Whatever income you can bring in will help you to pay your bills and minimize your debts. 

Prioritize Your Finances

You may not be able to pay everything you owe right now, but you need to think through the consequences of paying or not paying so you can prioritize your payments and suffer the least amount of long-term consequences. For example, if you don’t pay your Internet bill, you’re just going to have a bad record with that company, but none of your assets are going to be seized, and you aren’t going to hurt your credit score. However, if you don’t pay your credit card bill, you’re going to thrash your credit, and you’re going to wrack up more debt through interest and penalty fees. 

Your rent or mortgage payment should be your top priority each month, followed by your car payment and any other debts secured by your property or assets. Don’t worry about medical debts or non-essential services. 

Defer What You Can

You don’t necessarily have to keep making payments on all your accounts. For example, if you have a student loan, you can easily defer your payments for six months or more just by calling your provider and asking for it. It is quite common to defer student loans, so you shouldn’t have any trouble. The loans cannot be discharged in a Gilbert Chapter 7 bankruptcy , so use whatever option you can to satisfy your debt, even if it means not paying it for a while. 

You may find that other creditors are willing to let you defer or lower payments for a set time also. Reach out to creditors to find out what’s possible. 

Negotiate with Creditors

Don’t be afraid to call your creditors and negotiate a lower payment or a lower interest rate. Your creditors know that if you can’t pay, they won’t end up getting anything, and that will be worse for them ultimately than lowering your payments. 

If your request isn’t approved initially, push to speak to a supervisor. Keep going up as far as you need to on the ladder until you get the results you want. 

File for Bankruptcy

You may already have accumulated debts before the pandemic started, and now that you have suffered a loss of income, your financial problems are compounding. You can get debt relief by filing for bankruptcy in Gilbert. A Chapter 7 bankruptcy filing will discharge all unsecured debts, such as credit card debt. Depending on how much you owe, that could clear up a significant amount of money each month. A Gilbert Chapter 13 bankruptcy filing will reorganize your debts under a monthly payment you can actually afford. 

Do not be intimidated by myths you might have heard about bankruptcy or about the perceived stigma. Bankruptcy is a legal right that can give you enormous debt relief so that you can make ends meet and can move forward financially. Call Gilbert Bankruptcy Lawyers today to talk with a bankruptcy attorney  and learn more about your options. We handle individual and corporate bankruptcy, and we are committed to helping you get the maximum debt relief possible. Contact our Gilbert bankruptcy law office today to talk through your options with an experienced bankruptcy lawyer. 

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Debt Collector Lawsuits Actions to Take When Youre Being Sued

Most people never have to go through the process of being sued, so they are shocked and confused about what to do when it happens with one of their creditors. But that’s exactly what can happen when you fall well behind on your debt payments. Your creditors may bring a lawsuit against you in order to get court-ordered relief for what they are owed, including the seizure of your assets or the garnishment of your wages.

You can stop all that by talking to a bankruptcy attorney in Gilbert and seeking relief through a bankruptcy filing. However, it is important that you understand what the process is like when you are sued by your creditors so that you know what steps you might take. Here’s what you can expect: 

The Initial Complaint

No one can bring a lawsuit against you and you not know it. In order for the lawsuit to move forward, you must be officially notified of the action against you. So, you can expect to be officially served – likely by a sheriff’s deputy or other law enforcement professional – with a summons and complaint with the details of the action being taken. 

In that initial complaint, you will learn the basic aspects of the case, such as when and where it will be heard in court, a deadline for receiving a response from you, and the argument against you (including how much the creditor says you owe). You’ll know who is suing you, for how much, and what you need to do next. 

With the initial complaint, you may also receive some blank forms to fill out. These forms are likely asking for your financial information, such as where you work and where you bank. Some of these are required, but some of these are only optional and just make it easier for the creditor to garnish your wages if it comes to that. You don’t need to do anything to make that easier for them. However, you should talk to an bankrupcty attorney near Gilbert to ensure that you are filling out the right forms and ignoring the right forms. 

The Answer

You have the right to file an answer to the initial complaint from your creditor. There may be a form attached to the complaint that you can fill out, or you may need to draw up the paperwork yourself. You can dispute the charge, dispute how much you owe, or provide other information.

Never file an answer without consulting with an bankruptcy attorney in GIlbert first . You could jeopardize your case by providing information that could incriminate you, or you could undermine your case by filing the paperwork improperly. 

The Judgement

After hearing the case, a court can grant relief to your creditor in the form of seized assets or garnished wages. You may be able to appeal this decision, but chances are good that action will move forward before you get a chance to appeal and to stop anything. 

You can also hire a bankruptcy lawyer and file for bankruptcy, which will put an immediate end to action taken against you. If you file for Chapter 7 bankruptcy in Gilbert, you may get your debt dismissed completely while also ending any asset seizure or wage garnishment. If you file for Chapter 13 bankruptcy, you will have your debt reorganized into an affordable payment plan – including what you owe the suing creditor – but the garnishment or seizure will be put to an end. 

If your creditor sues you over unpaid debt, you can certainly fight the charge. However, if you do owe the money, there’s not much way to argue out of that. You can fight the garnishment or asset seizure by filing for bankruptcy, or you can take proactive action and file for bankruptcy before the creditor ever has the chance to bring suit against you. You may be able to free yourself of the debt and your association with that debtor completely, or you may be able to satisfy the creditor with a reorganized debt-repayment plan. Either way, the bankruptcy will put an automatic stay into effect that will prevent any legal action from being taken against you. 

If you are struggling with debt and are worried about what might come next, call Gilbert Bankruptcy Lawyers to learn more about your options. We’ll help you understand the difference between Chapter 7 bankruptcy and Chapter 13 bankruptcy and how each can benefit you. We’ll help you understand the path to maximum debt relief so that you can start rebuilding your finances and leading the life you want – free of debt. Call us in Gilbert today to schedule a consultation with an experienced and committed bankruptcy lawyer.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Steps to Take When Your Wages Have Been Garnished

Your creditors have a number of legal options available to them if you do not pay what you owe. One of those options is wage garnishment, which automatically takes money out of your paycheck (your employer would send the money to the creditor instead) or takes money out of your bank account.

If your debt problems get to the point where your wages are being garnished, you should consider talking to a Gilbert bankruptcy attorney about the debt relief possible through bankruptcy. Filing for bankruptcy will put an immediate stop to the wage garnishment and will help you get a better handle on your finances.

There are other steps you can take to deal with wage garnishment other than filing for bankruptcy, but those options won’t deal with the underlying financial problems that have led to the garnishment. It’s important that you better understand the garnishment process before you can understand the best options to take to stop it. Here’s what you need to know:

Judgement

Before a creditor can garnish your wages, they have to file a lawsuit against you and get a ruling in their favor. You will be notified about the lawsuit, and you will likely show up in court for it. This isn’t a process that’s going to happen without your knowledge.

If the court decides that you are responsible for the debt, it may order you to do so on your own, or it may allow for action to be taken, such as property to be seized or wages to be garnished. Again, this is something that you will know has happened. You aren’t going to be taken by surprised when money starts being taken out of your paycheck or your bank account.

Writ of Garnishment

After your creditor receives the judgement in their favor, they must present your bank or employer with an official document known as a Writ of Garnishment. Once the bank receives this document, it will freeze the funds in your account to prepare for paying your creditors. It won’t matter if you have more money in your account than what you owe your creditor.

Know that the bank is likely to freeze the funds in any account in which your name is attached – including accounts you hold with your spouse or accounts you opened on behalf of your children. You may want to make changes to your account ownership if you want to protect those funds that are meant for others.

Claim of Exemption

You may be able to put a stop to your funds being garnished if you file a Claim of Exemption and it is approved. You should file this claim within 10 days of the Writ of Garnishment being issued.

Some part of your wages may be exempt – you need some money to live on, after all. Other finances, such as Social Security disability payments, child support, and so on, may be completely exempt from garnishment. Unfortunately, your bank may not distinguish these sources of income, so you will need to either keep separate accounts for them or seek protection from the courts. You will need to work with an Gilbert Bankruptcy attorney to determine what money is exempt and how to protect it.

File for Bankruptcy

If you are facing a Writ of Garnishment, chances are good that you are struggling with debts and the ability to make ends meet. Filing for bankruptcy can put an immediate end to the wage garnishment while also giving you a way to manage your debt. If you file for Chapter 7 bankruptcy in Gilbert, you can discharge of your unsecured debt, such as credit card debt. If you file for Chapter 13 bankruptcy, you can put your debts under a reorganized repayment plan that lasts three to five years. Either way, you can free yourself of your debt or get it under a repayment plan that you can afford.

If you are struggling with debt, call Gilbert Bankruptcy Lawyers to learn more about your options for debt relief. A Gilbert bankruptcy attorney from our team can help you understand how each of the bankruptcy types can benefit you best. Our goal is to help you get the maximum debt relief possible. Call us in Gilbert today to talk with a bankruptcy attorney about how you can finally get your finances under control and free yourself of debt.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

6 Ways You Can Help Your Credit after Filing for Bankruptcy

By the time you decide to file for bankruptcy, your credit has likely been on a downward spiral for some time. Your credit report is probably littered with delinquencies, excessive credit inquiries, and credit accounts that are maxed out. Your score is probably in the toilet.

You may worry that filing for bankruptcy will make your credit even worse. While it’s true that bankruptcy is a black mark on your credit report, it can also help your credit score by getting rid of those maxed-out accounts. Plus, you can take steps after you file for bankruptcy in Gilbert to get your finances back on track fast. Here are six things you can do to help your credit after filing for bankruptcy in Gilbert:

1. Identify the Source of the Problem

Before you can figure out how to fix your credit, you need to figure out how it got ruined in the first place. Did you truly get off track because you lost your job? Then you need to create a significant savings fund to tide you over in case of a future emergency. Or did you get a little too spendy with your credit cards? Now you can put yourself on a strict budget and stick to it.

Be honest with yourself to identify the source of your problem so you can implement a solution.

2. Set a Budget

Whether you got into trouble with debt because of spendthrift habits or because of circumstances that you couldn’t control, you definitely need to be strict about your budget after bankruptcy if you want to rebuild your credit. Any late payment will be further evidence of you being a credit risk.

Make an honest assessment of your income and your expenses, and create a modest spending plan. Be sure to leave a little room for savings, in case you end up with unexpected expenses one month.

3. Pay Everything on Time

Creating a history of on-time payments is one of the best and easiest ways for you to rebuild your credit after a bankruptcy. You are showing that you are responsible with your money and that you are meeting your obligations.

Make sure that you pay everything on time. Pay your bills a bit ahead of time if you must. Just make sure the money gets there on time, every time.

4. Take Out a Small Line of Credit

You can start getting credit a few months after you file for bankruptcy in Gilbert, depending on how good you are with your finances. You should stick to credit cards like gas or retail cards that have a limit of a few hundred dollars. Charge a little on it each month and pay it off each month.

5. Keep Your Credit Inquiries Low

You may not get accepted for lines of credit when you first start applying. Don’t keep applying! Give it a little time before you apply again. Having too many credit inquiries in too short a time can also bring down your score. Spread out your inquiries to protect your score.

6. Don’t Overspend

Filing for bankruptcy frees up a lot of money in your budget by discharging your debt or helping you pay down your debt. You may feel invigorated by the excess cash in your budget, and you may feel motivated to spend. Resist that urge.

Keep your spending under control to keep your finances on track and to help your credit improve. Otherwise, you’ll be looking at another setback.

Bankruptcy can significantly help your finances by offering you relief from overwhelming debt. Bankruptcy may be a black mark on your credit, but if you use it properly and implement the right strategy after your discharge, you can quickly rebuild your credit. In fact, you can restore your credit faster than you would if you tried to just pay off the debt yourself.

Call Gilbert Bankruptcy Lawyers to learn how bankruptcy might help you to reclaim your life. Bankruptcy can give you debt relief that allows you to take control of your finances again, so that you can breathe a sigh of relief and start making your money work for you. Call us in Gilbert to talk with a bankruptcy attorney about your options. We help clients with Chapter 7 bankruptcy and Chapter 13 bankruptcy, and we represent both individual and business clients.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

The Types of Debt You Can Discharge with Bankruptcy

Who wouldn’t want to be told that their debt can just go away? That what they owe has been forgiven, just like that? That’s what bankruptcy can offer for some. It can relieve you of your responsibility to pay those debts that you cannot pay, and it can make your creditors stop harassing you finally.
But bankruptcy can’t always discharge all the debts you owe. You need to talk to a Gilbert bankruptcy lawyer to understand how bankruptcy will benefit you, specifically, and what your rights and responsibilities are.

Debts that Can be Discharged under Chapter 7

Chapter 7 bankruptcy is the type of bankruptcy that people often have in mind when they think of bankruptcy. It is the “total liquidation” bankruptcy that discharges your debts when the filing is closed. Debts that can be discharged under a Chapter 7 bankruptcy include:

• Credit card debt
• Medical bills
• Personal loans, including those from banks and from family and friends
• Any other debts that are not backed by personal property

There is no limit on the amount of debt that can be discharged under Chapter 7 bankruptcy. So, if you have $100,000 in credit card debt, you can discharge $100,000.

Debts that Cannot be Discharged under Chapter 7

Unfortunately, Chapter 7 bankruptcy cannot discharge all of your debts, even if they are unsecured debts (not backed by property). Specifically, Chapter 7 bankruptcy will not discharge:

• Tax debts
• Any fines or penalties levied by the government (local, state, or federal)
• Unpaid child support
• Unpaid alimony
• Student loans
• Damages to personal property
• Money you owe for another’s injuries

You cannot get around paying the government, or anything that the government orders you to pay (such as criminal restitution or child support). There are some instances in which you can get your student loans discharged, but those instances are so uncommon that it is better to just move forward under the assumption that you will be paying back your student loans. Depending on your employment type and your degree, you may be able to get your student loans forgiven under certain programs.

Discharging Debts under Chapter 13

The rules are different for Chapter 13 bankruptcy. Instead of discharging your debt, this type of bankruptcy puts you on a debt repayment plan that you can actually afford. The bankruptcy court looks at what you owe, compares that to what you earn, and determines a monthly payment that won’t cause you financial distress.

Though the goal of a Chapter 13 bankruptcy is to get you to pay back what you owe, that may not be possible while also keeping you on an affordable monthly payment. Therefore, you may have some debt left over at the end of your repayment plan, and that debt may then be discharged. Those debts will be considered on a case-by-case basis. Your bankruptcy lawyer can give you a better idea of what to expect at the end of your Chapter 13 bankruptcy and what debts may be discharged.

Filing for bankruptcy can help you gain control of your finances by relieving you of your debt burden. Which type of bankruptcy will give you the most benefits depends on what type of debts you owe. If you have a lot of unsecured debts, a Chapter 7 bankruptcy filing will likely be the best choice for you. If you have a lot of debts that cannot be discharged, you should consider a Gilbert Chapter 13 bankruptcy filing to get your debts reorganized into a more affordable payment plan.

Call Gilbert Bankruptcy Lawyers if you are struggling with debt and are considering bankruptcy. A bankruptcy attorney from our team can help you better understand the ins and outs of Chapter 7 and Chapter 13 bankruptcy so you can determine which would be best for your financial circumstances. Our goal is to help you get the maximum debt relief possible so that you can start building a better financial future. Call our Gilbert bankruptcy law office today to schedule a consultation with an experienced bankruptcy attorney. We work with individuals and businesses who are interested in bankruptcy protection, and we handle all types of bankruptcy filings.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

How to Know When it’s Time to File for Bankruptcy

A lot of people try to avoid filing for bankruptcy by any means necessary. They think that others will think poorly of them for filing for bankruptcy, and they think that they’ll destroy their credit, as well. But while they put off filing for bankruptcy, their debts continue to mount, along with accrued interest and penalties, and their financial problems get worse – and their options diminish.

The decision to file for bankruptcy is a personal one, and there is no singular answer to help you know that you should file or to know when to file. Here are a few things you should think about – and discuss with a bankruptcy attorney serving Gilbert:

How Much Do You Owe?

How much you owe will have a big impact on your decision to file for bankruptcy. Obviously, $100,000 in debt will seem a lot more desperate than $10,000 in debt. However, even $10,000 in debt can be completely overwhelming for some people.

You need to take an honest accounting of all the debt you owe, and you need to note the interest rate for each (which will determine how quickly your debt grows). Once you have a good understanding of what you’re up against, you can determine if you have the ability to pay or if you need to consider bankruptcy.

What Options Do You Have to Pay?

You need to look beyond your income to determine if you can pay off your debt on your own. Start by determining if you can increase your income. Can you ask your boss for a raise? Can you get a second job? Can you rent out a room in your home? Can you start a side business, like freelancing?

If you can’t increase your income, you’ll need to think of ways to reduce your expenses. Can you downsize your home? Can you cut out expenses, such as turning off services, canceling your gym membership, or cutting back on mindless spending?

Your last option is to consider selling things. Do you have an extra vehicle you could sell? Is it a good time to sell your house? Do you have belongings that you could do without?

You need to find as much money in your budget as you can. The more you can come up with to pay your debts, the faster you’ll be able to pay them off or get them to a more manageable level.

What are the Stakes?

If you have fallen behind on your payments or racked up a lot of debt, you are certainly facing consequences. At a minimum, you’ll be looking at paying a lot in fines and interest. Those late fees add up fast, making your debt problem much worse. If you have multiple delinquent accounts, those fines and interest will have even more devastating effect.

However, if your debt problems are worse, you may be facing bigger stakes: Your car might be ready to be repossessed or the bank may have begun foreclosure proceedings against your home. If you are facing severe repercussions, bankruptcy may be the only choice you have left – assuming you act fast enough.

Meet with a bankruptcy attorney in Gilbert to learn about your options for debt relief. The attorney will walk through these and other considerations with you to help you determine if bankruptcy is the right choice for you. In most cases, you will experience far more benefits with bankruptcy – and more quickly – than if you tried to pay off the debts on your own or to negotiate with your creditors. Bankruptcy allows you to discharge your debt or to put it on an affordable payment plan, making instantaneous and positive changes in your life.

Gilbert Bankruptcy Lawyer is ready to help you learn how bankruptcy can help you put an end to your debt problems and create a stronger financial future. Our bankruptcy law office helps individuals and businesses seeking bankruptcy protection, including both Chapter 7 bankruptcy and Chapter 13 bankruptcy. We’ll help you understand the best strategy for getting the maximum debt relief through bankruptcy protection. Contact us in Gilbert today to speak with a bankruptcy attorney about your options for debt relief.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

How Foreclosures and Chapter 13 Bankruptcy Go Hand in Hand

Typically, people pay their mortgage before anything else. They might let their credit card or other bills fall behind, but they pay for their house. That makes sense – after all, your house is your most important investment, and it provides essential shelter.

However, when your financial situation gets really bad, eventually, you stop paying the mortgage also. Or maybe you don’t intend to stop paying it; you just fall behind. You want to catch up, but you just can’t do it because the money’s just not there.

Instead of giving up to the idea that your house will be foreclosed, you need to hire a Gilbert bankruptcy attorney.

Automatic Stay

The first step toward savings your house from foreclosure through a bankruptcy filing is the automatic stay. When the bank has decided to move forward with foreclosure proceedings, you may feel like you don’t have any options. In fact, you may have tried to call the bank to work out an arrangement and were denied.

When you file for bankruptcy, an automatic stay is issued that puts an immediate stop to all debt collection action, including foreclosure. So long as your bankruptcy case is active, the bank cannot move forward with foreclosing on your home.

Debt Reorganization Plan

The second part of a Chapter 13 bankruptcy filing is to create a debt reorganization plan that is actually affordable for you. The bankruptcy court will look at your income, your personal expenses, and your debt, and it will create a repayment plan that lasts three to five years. You will have a monthly payment that is considered affordable for your budget.

Any back payments you owe to your mortgage lender will be included in that repayment plan. You will be paying your regular mortgage each month, plus a little bit extra through your bankruptcy repayment plan.
Hiring a bankruptcy attorney in Gilbert is a smarter choice than trying to negotiate with the bank directly. Typically, the bank will deny your request. If it agrees, it will typically want you to pay off what you owe much more quickly than the bankruptcy repayment plan allows.

Discharging Debt

You might think that you have to pay everything you owe on your home since your debt is backed by the value of your home. In other words, if you don’t pay, the bank has the right to sell the property to cover what you owe. That’s how you got into foreclosure trouble in the first place.

However, that’s not always true. The bankruptcy court will determine what you can afford to pay. If you haven’t paid off your full debt at the end of the repayment plan designed for you, the debt may be discharged. The debt could be for principal on the property, or it may be for the interest and penalties that the bank charged you. Either way, you get free of the debt you can’t afford to pay, and you get back to a budget that actually fits your income.

Filing for Chapter 13 bankruptcy in Gilbert is a smart strategy for dealing with foreclosure proceedings against your home. You can use it if you are worried about foreclosure action being taken, or you can use it to put an end to current proceedings. Chapter 7 bankruptcy will not stop foreclosure proceedings. However, it could help you avoid foreclosure by discharging debts and freeing up money for you to pay your mortgage so you don’t fall behind (or to pay what you already have fallen behind). Talk to a bankruptcy attorney near Gilbert about the best strategy for your financial circumstances.

Call Gilbert Bankruptcy Lawyer to learn about your options for debt relief through bankruptcy. Talk with a bankruptcy attorney about Chapter 7 bankruptcy and Chapter 13 bankruptcy to learn what benefits each has to offer and how they might help you meet your particular goals. A bankruptcy lawyer will review your financial circumstances and make tailored recommendations to get maximum debt relief and protection. We serve clients in Gilbert and the surrounding areas, including both individuals and businesses interested in bankruptcy. Call us in Gilbert today to talk with a bankruptcy attorney about your options for debt relief.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Creditor Harassment: Can Filing for Bankruptcy Help?

Once you are even a few days late with a payment to a creditor, you are going to start getting phone calls and emails reminding you to pay. You may get daily calls – or you may even be called several times a day (particularly if you don’t answer the phone). The longer the debt is past due, the more frequently you will be contacted, and the more aggressive the creditors will be.

Filing for bankruptcy can put an immediate end to creditor harassment. Here’s how:

The Automatic Stay

As soon as you file for bankruptcy, whether it’s Chapter 7 bankruptcy or Chapter 13 bankruptcy, an automatic stay goes into effect. The automatic stay puts a stop to any collection efforts while your bankruptcy is being processed. That means that creditors cannot call or email about your debt, nor can they send you anything in the mail. They also cannot continue with any legal action, including a lawsuit, foreclosure, eviction, or repossession.

You should not face any harassment from creditors after you file, nor should you be contacted by them at all.

Length of the Automatic Stay

The automatic stay remains in effect until the bankruptcy is resolved, whether it is rejected or finalized. Typically, a Chapter 7 bankruptcy will take a few months to resolve, and a Chapter 13 bankruptcy will take three to five years, or the length of the repayment plan.

Creditors cannot continue to try to collect on a debt after the bankruptcy is finalized if the debt was discharged. Creditors with a secured debt, like mortgage lenders, will continue to collect on what you owe after your bankruptcy is resolved.

Notice of the Automatic Stay

You do not need to do anything after you file for bankruptcy to let your creditors know that an automatic stay has gone into effect. The bankruptcy court will notify all of your debtors that you have filed for bankruptcy, so you don’t need to do anything at all.

If you are contacted by any of your creditors during the first few days after filing, it’s possible that they just didn’t get the notice or they haven’t updated their call records. Just let the creditor know that you have filed for bankruptcy and refer them to your bankruptcy attorney. If you continue to be contacted by creditors, let your Gilbert bankruptcy attorney know. You can take action against these creditors.

Limitations to the Automatic Stay

There are some exceptions to the automatic stay. The stay cannot put a stop to child support payments (or collection on back child support), alimony, or anything involving a criminal prosecution. Other creditors may petition the bankruptcy court to be exempt from the automatic stay. Creditors must show that the stay interferes with their interest in the property.

Your Gilbert bankruptcy attorney can help you understand a creditor’s case if they file for an exception. Your attorney can also argue for your interests and help to block the exception, depending on the circumstances.

Consult with a bankruptcy attorney in Gilbert to learn more about how bankruptcy will help you get debt relief and how the automatic stay can help you get relief from creditor harassment. Your lawyer will help you know what actions creditors cannot engage in and what you should do if creditors violate these rules. Your attorney is your advocate and your guide through the bankruptcy process, and they can answer all your questions about creditor behavior or other aspects of bankruptcy, as well as help you know what actions to take if you are the victim of harassment.

Gilbert Bankruptcy Lawyers are ready to help you get the debt relief you need through bankruptcy. We will review your finances and help you understand the benefits you can get from either Chapter 7 bankruptcy or Chapter 13 bankruptcy. Or, if you own a business, we can help you understand your options for business bankruptcy. Our goal is to help you be free of as much debt as possible so that you can start rebuilding your finances and your life quickly. Call our bankruptcy law office in Gilbert today to meet with a bankruptcy lawyer and to review your debt relief options.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Illegal Debt Collection Practices Your Bankruptcy Lawyer Can Help With

Filing for bankruptcy can put an end to a lot of debt collection tactics that can cause you a lot of grief. As soon as you file for bankruptcy, an automatic stay is issued that puts an end to all debt collection practices. That will let you take a sigh of relief, and you can focus on moving forward and dealing with your debt once and for all.

Despite the automatic stay, and even despite a final bankruptcy discharge, some creditors will still illegally pursue you. If that happens, your Gilbert bankruptcy attorney can deal with those creditors or even help you take action against them. Here are just some of the illegal debt collection practices that your bankruptcy lawyer can help with:

Calling at Unreasonable Hours

Not only should creditors not be calling you at all after you have discharged your bankruptcy (or just filed for it), but they should not be calling at unreasonable hours. The Fair Debt Collection Practices Act prohibits creditors from calling you at unreasonable hours, such as very early in the morning or very late at night.

If you are getting these calls, talk to a bankruptcy lawyer serving Gilbert about how to make them stop and about what other steps you can take.

Harassing Phone Calls

Creditors may do more than call you at bad hours. They may also call you over and over again, or they may say rude or aggressive things when they call. It is illegal for creditors to do any of these things. They cannot harass you by calling you constantly or by being aggressive.

If creditors harass you like this, you should notify them that you know your rights and that you intend to report them. Then you should work with an attorney to put an end to the calls.

Threats

Creditors are not allowed to threaten you. They can’t threaten to send someone to your house, to take your belongings, to tell your friends about your debt, to send you to jail, or anything else. They can notify you about the legal action they can take, but they cannot threaten you with the intention to bully or intimidate you.

The automatic stay that goes into effect when you file for bankruptcy should put an end to any contact from creditors. If it continues, or if creditors threaten you at any time, call an bankruptcy attorney in Gilbert and learn how you can take action against the offending creditors.

Sharing Information about Your Debt with Others

Your creditors are not allowed to share information about your debt with others. Creditors are not allowed to call your workplace, for example, and tell your boss or your co-workers that you owe money or that they are trying to contact you to collect on a debt. Nor are they allowed to threaten to do so.

If you find out that your creditors have been talking to your family, friends, co-workers or others about you or your debt, contact an attorney. This is illegal.

Trying to Collect on Discharged Debts

Once your bankruptcy is discharged, your debts are discharged with it. Creditors can no longer try to collect on those debts. The only time you will continue to pay on your debt after bankruptcy is if you filed for Chapter 13 bankruptcy and you have a secured debt, such as a mortgage or an auto loan. Other unsecured debts will be discharged with the bankruptcy.

If a creditor is continuing to collect on a debt that has been discharged in bankruptcy, they are doing so illegally. Contact your bankruptcy attorney right away to pursue your legal options for putting an end to this behavior.

Creditors do not have the right to act however they like when trying to collect a debt. Bankruptcy law has particular guidelines for how creditors can behave after you have filed for bankruptcy and after the bankruptcy has been discharged. If you believe that creditors are violating these rules, talk to your bankruptcy lawyer about it and about what you can do about it.

Gilbert Bankruptcy Lawyers are committed to protecting your legal rights while also helping you get the maximum debt relief possible through bankruptcy law. We guide our clients through the bankruptcy process, giving them thorough information so that they understand all of their rights and options. We can help you file for bankruptcy, usher the case through the legal process as quickly as possible, and then protect you from creditor harassment. Call us in Gilbert today to learn more about how bankruptcy may be able to help you.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com

Emergency Bankruptcy Filings: What are They and Can They Help?

Filing for bankruptcy can help you get out from under debt that is weighing you down. With bankruptcy, you can either free yourself of having to pay those debts, or you can get yourself on a repayment plan that actually fits your finances and allows you to take care of your needs.

But before you can file for bankruptcy, you have to meet many criteria. You have to put together a lot of paperwork, and you have to complete a credit counseling course, among other requirements. Even with a great Gilbert bankruptcy attorney on your side, the process can take longer than you would like.

An emergency bankruptcy filing may help you get the debt relief you need much faster.

Reasons for an Emergency Bankruptcy Filing

There are a lot of reasons why you might want to put together an emergency bankruptcy filing, rather than following the typical route. Here are some of the most common reasons that people opt for an emergency bankruptcy filing:

To avoid foreclosure. You might not have a lot of time until the bank is ready to foreclose on your home. An emergency bankruptcy filing may give you the time you need to put together a payment plan to save your home from foreclosure.

To avoid repossession. The same may be true for the repossession of your automobile. You may be on the verge of losing it because you have fallen behind on payments. An emergency bankruptcy filing may put a stop to that action and let you get caught up on your payments.

To stop eviction. You may not own your home, but you may be at risk of losing it because you have fallen behind on rent payments and are about to be evicted. Filing for bankruptcy can put a stop to that action, and an emergency filing can help you do that quickly.

To stop a creditor lawsuit. Filing for bankruptcy enacts an automatic stay, which puts an immediate stop to any creditor actions. If you know that creditors are about to take drastic action against you, such as a lawsuit, an emergency bankruptcy petition can preempt that quickly.

If you are facing another situation that you think needs fast action, talk to a bankruptcy lawyer serving Gilbert about whether an emergency bankruptcy filing might be the best choice.

What’s Required for an Emergency Bankruptcy Filing?

Typically, when you file for bankruptcy, you have to put together numerous forms and reports that itemize your finances, including your income, debts, and assets. You also have to complete a credit counseling course and provide evidence of having done so.

An emergency filing is more “bare bones.” It provides the essentials, so it is easier to put together, helping you to streamline the process. An emergency bankruptcy filing requires identifying information, the chapter of bankruptcy you want to file, the names and addresses of all creditors you owe, and a certificate showing completion of a credit counseling course. If you are in a big hurry to get the bankruptcy filed, you may be able to be exempted from having the credit counseling course completed at this stage. Talk to a Gilbert bankruptcy attorney to find out how to qualify for such an exemption.

You will provide the additional information to the bankruptcy court after that initial emergency filing. The emergency filing just allows you to speed up the process – not to avoid requirements of the bankruptcy process.

An emergency bankruptcy filing may not only help you get the debt relief you need, but may also help you address an emerging threat quickly. If you feel that you need to file a bankruptcy quickly, talk to a bankruptcy attorney in Gilbert about whether you qualify for an emergency filing.

Gilbert Bankruptcy Lawyers can help you prepare an emergency bankruptcy filing in Gilbert and the surrounding area. Even if you don’t want to file an emergency order, or you just don’t qualify, we can help you put together a traditional bankruptcy filing and see it through the court process as quickly as possible. Our goal is to help you get the maximum debt relief possible, as quickly as possible. We help both individuals and businesses. Call us in Gilbert today to schedule a consultation with an experienced Gilbert bankruptcy attorney.

Published By:

Gilbert Bankruptcy Lawyers
Office: 480-448-9800
Email: info@myazlawyers.com
Website: https://gilbertbankruptcylawyers.com