Frequently Asked Questions

Understanding Arizona Bankruptcy Better

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How Long does the bankruptcy process take?

Obviously no two bankruptcies are exactly the same.  Typically, a Chapter 7 bankruptcy can take about four months (from the time of filing to the final discharge.) A Chapter 13 bankruptcy can take 36 to 60 months to entirely complete.

what is an automatic stay?

When a bankruptcy is filed, an automatic stay is put into effect.  This means that ALL CREDITOR COLLECTION ACTIVITY MUST STOP.  Wage garnishments, bank levy, collection phone calls, foreclosures, reposessions…  under bankruptcy protection, the automatic stay requires creditors to immediately cease and desist all collection activities.

what property will be protected if i declare bankruptcy?

Arizona has exemption laws.  If you have lived in AZ for two years or more prior to filing your bankruptcy, you can typically protect your property under these laws.

what if i need to file bankruptcy, but i’m a business owner

The answer here is to contact My AZ Lawyers.  This is a perfect example of a case that needs the attention of a knowledgable and experienced AZ bankruptcy law attorney.  My AZ Lawyers will determine which type of bankruptcy is best for your situation. The lawyers will hear your issues and concerns and help you decide which options are best to meet your financial goals both personally and for your business.

what about my student loan debt? 

It should be noted that it is virtually impossible to discharge student loans in any type of bankruptcy.

Laws Regarding Tax Discharge

In some cases taxes that are overdue by more than 3 years may be dischargeable, while other types of taxes are generally not dischargeable under Chapter 7 or Chapter 13 bankruptcy.

Laws Regarding Child Support and Utility Bills

Simply stated child-support and spousal maintenance are in no way dischargeable under bankruptcy laws, however, utility bills are generally dischargeable.

Other points to consider with regard to filing for bankruptcy include knowing that your employer will generally not be notified unless he or she is owed money. In addition, all debts including credit card debt should always be listed when filing for bankruptcy. It is also important to note that in some cases a tax refund may become subject to a bankruptcy and included by a trustee. Those considering bankruptcy should know that every case is unique and that by enlisting the services of a skilled and qualified attorney such as Kathy Johnson you will be more likely to come out of your bankruptcy in a successful and positive way.

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