Steps To Filing Chapter 7 Bankruptcy In Arizona

Our Mesa Bankruptcy Attorneys Take You Step By Step Through The Process Of Filing a Chapter 7 Bankruptcy In Arizona

No matter how carefully you plan, debt is a problem that can happen to anyone in life. When it does, your creditors will eventually begin pursuing you for your debts. Your creditors may seek repayment through methods like wage garnishments, bank levies, vehicle repossessions, home foreclosures, and more. The good news is that bankruptcy can protect someone in this type of situation from their creditors, and address the underlying debt problem in the meantime. There are several types of bankruptcy, but the most common type of consumer bankruptcy in Arizona is Chapter 7. Read on to learn more about the steps to declare Chapter 7 bankruptcy and clear away debts. If you have additional questions, schedule your free consultation with our Mesa bankruptcy law firm.

Mesa Bankruptcy Attorneys Take You Step By Step Through The Process Of Filing a Chapter 7 Bankruptcy Petition In Arizona

Confirm That You Qualify For Chapter 7 Bankruptcy

Many people are unable to file Chapter 7 bankruptcy because their income is too high. The simplest way to qualify for Chapter 7 is by having less income than the median for your state. In Arizona, the median income for a family of 4 is currently $85,714. A family with a combined income of that amount or less automatically qualifies for Chapter 7. Otherwise, the debtor will need to qualify using the Means Test. This test shows the debtor can’t afford to pay off their debts after deducting mandatory expenses from their income. There are several other factors that could disqualify you from Chapter 7, or make filing it (as opposed to Chapter 13) inconvenient and burdensome. Consult with a Mesa bankruptcy attorney to confirm that chapters of bankruptcy for which you qualify.

Gather Your Documents & Information For Your Bankruptcy Petition

You will need several types of documents in order to draft your bankruptcy petition. These can range from bank account and credit card statements, to paystubs, to insurance policy statements, and more. If you retain a Mesa bankruptcy attorney, they will let you know which documents are necessary for your case. If not, determining which documents will be necessary- and then drafting your petition- will be your own responsibility.

Take Your First Credit Counseling Course

To discharge your debts through consumer bankruptcy, the Bankruptcy Code requires that you complete credit counseling courses. This is to help prevent bankruptcy filers from needing to file again in the future. You will need to complete one of these courses before your case is filed, and submit a course completion certificate with your petition. This course can be taken online, and can typically be completed in about an hour. You will also need to pay a nominal fee for credit counseling.

Sign & File Your Bankruptcy Petition

If you retain a bankruptcy attorney, they will schedule your petition signing once your petition is complete. Your attorney will review your petition with you to make sure everything is correct, and answer any questions you may have about your 341 Meeting of Creditors. If you file self-represented, you will draft, sign, and file your own petition. You may be required to file your petition in person at the courthouse. The filing fee for a Chapter 7 bankruptcy is currently $338. There are fee waivers available to those under financial hardship, but these typically won’t be granted if the filer has retained an attorney.

Respond To Your Trustee Letter

Approximately 10-15 days after your petition is filed, you will receive a letter from your bankruptcy trustee. The trustee is a court-appointed attorney who will oversee your case. After reviewing your petition, your trustee may have additional questions. You may be required to submit additional documentation to support your petition. This letter should also contain the date for your 341 Meeting of Creditors.

Attend Your 341 Meeting Of Creditors

This hearing is mandatory for those who declare both Chapter 7 and Chapter 13 bankruptcy. Make sure you bring your driver’s license and social security card to this hearing. Your case- and discharge of your debts- could be delayed for a failure to bring proper identification to your 341 Meeting of Creditors. You can bring a passport or other official photo identification in place of your driver’s license. If you don’t have your social security card, you must bring an original W-2 to your hearing. It will be held approximately 30-45 days from when you file your petition.

Your trustee will be at the hearing, and as the name suggests, your creditors may also be in attendance. Both may ask questions about your petition and debts. If you retain a bankruptcy attorney, they will be there with you to help you with your trustee’s and creditors’ questions. Otherwise, you will need to represent yourself at this hearing. However, this hearing is relatively short and simple compared to other court procedures. There may be several other cases on the docket at the same time as yours. If so, you and your attorney will wait for your case to be called during that time frame.

Take Your Second Credit Counseling Course

After your 341 Meeting of Creditors, you must complete a second online credit counseling course. It will take about as long and cost about as much as your first credit counseling course. You (or your attorney) will need to file the second course completion certificate with the court. This must be completed within 60 days of your 341 Meeting of Creditors.

Wait For Debt Discharge, Start Rebuilding Your Credit

If all the previous steps have been completed correctly, you will now wait for the court to discharge your case. Your case is eligible for discharge 60 days after your 341 Meeting of Creditors. It could take a few days or weeks longer than that for the court to process your discharge, depending on how busy the court is.

After you have received your discharge letter from the court, you are no longer liable for the debts in your bankruptcy. Whether or not your credit score increased or decreased (or stayed the same) upon filing, now it’s time to start rebuilding your credit. You will most likely receive new credit line offers in the mail after your case is discharged, but you can also open a secured credit card through your bank. Financing new assets, such as a vehicle, can help improve your score. Other installment payment plans- including our Zero Down Bankruptcy Payment Plan – will help improve your score as well.

Contact Our Mesa Chapter 7 Bankruptcy Attorneys For a Free consult

If you couldn’t already tell, retaining a bankruptcy attorney as early on in the process as possible will make it easier for you. However, the burden of paying for an attorney up front is impossible for some. That’s why our experienced Mesa bankruptcy attorneys offer Zero Down Bankruptcy for qualified Chapter 7 bankruptcy clients. To learn more, call or use our online form to schedule your free consultation today.

 

Mesa Bankruptcy Attorneys

1731 West Baseline Rd., Suite #101
Mesa, AZ 85202

Office: (480) 448-9800

Arizona 2021 Bankruptcy Exemptions

Our Mesa Bankruptcy Lawyers Discuss The 2021 Exemptions For Bankruptcy Filings In Arizona

Be it, a chapter 7 bankruptcy or a chapter 13 bankruptcy, there are exemptions that are unique to each state. Read on to find out what Arizona’s exemptions are for 2021.

When you file Chapter 7 bankruptcy, any assets that aren’t protected by bankruptcy exemptions can be seized by your trustee and sold to pay your creditors. Bankruptcy exemptions, or the limits on how much equity you can have in certain types of assets, vary by state and are subject to change every year. If you are considering filing bankruptcy in Arizona in 2021, check your assets to make sure they are within the applicable exemption limits.

Some of your assets may have a clear numerical value. Others aren’t so easy to ascertain. Websites like Kelley Blue Book and Zillow may give you a general idea of your property’s value. You may need to hire an appraiser for valuable possessions with unclear values.

If your assets aren’t protected in Chapter 7, you may want to consider filing Chapter 13 instead of giving up bankruptcy altogether. These exemptions don’t apply in a Chapter 13 case because you will repay the value of financed assets in your bankruptcy payment plan. You also may be able to encumber your property with a lien to reduce your equity. You should contact a Mesa bankruptcy attorney if you are unsure whether your assets are protected, or if you want to know about your options with non-exempt assets.

Our Mesa Bankruptcy Lawyers Discuss The 2021 Exemptions For Bankruptcy Filings In Arizona

Arizona Homestead Exemption

The homestead exemption in Arizona for 2021 is $150,000. You can have up to $150,000 equity in your house, condo, townhouse, etc. Your equity is the value of the home minus the balance of your mortgage.

Prepaid Rent

Rent paid in advance, as well as security deposits fall into this category. In Arizona, the exemption value for this category is $2,000.

Arizona Vehicle Exemption

In Arizona, you can have up to $6,000 equity in one vehicle if you are unmarried. If you are married, this limit is raised to $12,000 for one vehicle, or the spouses can have two vehicles with up to $6,000 equity each. The exemption for someone with a disability that requires special vehicle equipment is increased to $25,000.

Bank Account & Cash On Hand

An inconvenient part of filing bankruptcy in Arizona is the low exemption for how much cash you can have in hand and in the bank on the day your petition is filed. This limit is $300 for an unmarried filer, and $600 for a married couple. This probably means you will need to time your bankruptcy filing around your payday. Make sure your Mesa bankruptcy attorney is aware of your pay dates, especially if you file an emergency bankruptcy petition. Arizona doesn’t allow federal exemptions and doesn’t offer a wildcard exemption to use on your bank accounts as an alternative.

Household Goods & Furnishings

This can be anything in your home from your sofa and chairs, to your microwave and refrigerator. The 2021 Arizona bankruptcy exemption for this category is $6,000. You should assess the value of your belongings as their resale or market value, not the price you originally paid.

Engagement &/Or Wedding Rings

The Arizona bankruptcy courts allow you to keep wedding jewelry worth up to $2,000 in a Chapter 7.

Pets & Livestock

This exemption applies both to domestic pets, like dogs and cats, and livestock, like horses and goats. While your purebred pet likely doesn’t have a high enough resale value to be cause for concern, it could become an issue if you breed your pet.

Watch

Arizona allows Chapter 7 bankruptcy filers to have a watch worth up to $150, so don’t wear a Rolex to your 341 Meeting of Creditors.

Clothing

Arizona’s bankruptcy exemption for wearing apparel, regardless of family size, is $500. For the same reason you shouldn’t wear a Rolex in front of your trustee, don’t wear all designer clothing (even if they’re knockoffs) to your 341 Meeting of Creditors.

Food, Fuel, & Provisions

The bankruptcy trustee is highly unlikely to come to your house and raid your pantry and siphon your gas tank, but you can have up to 6 months worth of provisions when your Chapter 7 bankruptcy is filed.

Personal Library

The resale value of your book collection must not exceed $250 in a Chapter 7 bankruptcy. However, these books may be protected by other exemptions if they are used for school or work.

Tools & Other Equipment

This category encompasses many items from saws and drills, to instruments, website domains, and more. Anything the bankruptcy filer uses for their profession has an exemption value of $5,000.

Life Insurance Proceeds

If you receive insurance funds after the death of a spouse, child, or other relative, only $20,000 of this will be protected in Chapter 7 bankruptcy.

Wheelchair, Prosthetics, etc.

There is no limit to the value of these types of items in a Chapter 7 bankruptcy. If they are prescribed by a doctor, it isn’t up to the bankruptcy court to decide how much these can be worth. However, you should still apply the exemption to have your bases covered.

Musical Instruments

For someone who plays as a hobby, musical instruments have a bankruptcy exemption of $400. A career musician can use the tools of the trade exemption to protect their musical instruments, which is $5,000.

Computer, Bicycle, Firearm, Burial Plot, Family Bible

This exemption applies to an interesting range of belongings, and is capped at $1,000 in Arizona for 2021.

Domestic Support

Child support and alimony payments are exempt from Chapter 7 bankruptcy, and there is no limit for the domestic support exemption.

Benefits & Public Assistance

Like child and spousal support, these payments are fully exempt from bankruptcy. Unemployment benefits, disability, worker’s compensation, social security income, and more, are safe in Chapter 7 bankruptcy. Consult with a Mesa bankruptcy attorney if you want to make sure your source of income is exempt in Chapter 7 bankruptcy.

Contact Our Mesa Bankruptcy Attorneys

Exemptions are just one of the many parts of a bankruptcy petition that must be completed correctly, or risk negative consequences like losing your assets or your case being dismissed. That’s why you should trust your case with a skilled Mesa bankruptcy attorney. To learn more about how our dedicated staff and attorneys can assist you through the bankruptcy process, call today to schedule your free consultation. You may qualify for a post-filing payment plan starting as low as $0 down bankruptcy, and we have same day consultations available! Call (480) 833-8000 to get started.

 

Mesa Bankruptcy Attorneys

1731 West Baseline Rd., Suite #101
Mesa, AZ 85202

Office: (480) 448-9800

Arizona Bankruptcy:  Redemption in a Bankruptcy in AZ

Our Mesa Bankruptcy Lawyers discuss bankruptcy in Arizona. Moreover, we dive into redemptions in a bankruptcy. Our AZ BK Attorneys discuss the advantages and disadvantages of redemptions as well as the process of redemptions. Also, we will look at items that are financed for more than their value and how to get redemption on said items.

Arizona debt relief blogIf you are considering bankruptcy or some other form of Mesa debt relief, please give out Mesa Debt Relief team a call. Our consultations are free of charge and 100% confidential.

If you are considering bankruptcy, you might be wondering what effect filing will have on personal property you have financed. You may be making monthly payments, on your vehicle, furniture, appliances, and even your cell phone. If you declare Chapter 7 bankruptcy, you will be presented with two options of how to keep these assets: redemption and reaffirmation. Otherwise, you will have the option to surrender them as part of your bankruptcy.

What is the Redemption Option in a Chapter 7 Bankruptcy in Arizona?

If you owe more on your financed property than it is worth, you may want to consider redeeming it in Chapter 7 bankruptcy. In Chapter 7 bankruptcy, redemption allows you to pay the current value for your financed property, as opposed to what you owe on the loan.

You will have redemption available as an option for items financed for more than they’re worth if they meet the following criteria:

(1) The property is secured to a debt as collateral;

(2) It is tangible personal property, not real estate;

(3) Your trustee abandons it;

(4) It is a consumer debt, not business;

(5) You can pay the amount in one lump sum. 

The Advantages and Disadvantages of Redemption in a Bankruptcy in Mesa, Arizona

The most obvious benefit of redemption is that you will get to keep your property, and pay its actual value instead of your inflated loan amount. If you are able to take advantage of this option, you could potentially save thousands of dollars. If you are able to come up with the funds, the creditor may not object to your redemption. You may be able to find a lender to finance your redemption. However, there are limitations to the benefits of redemption. You can’t redeem real estate or business property. Redemption may not be available as an option for you, or the trustee may choose not to abandon it. You also may not be able to make the lump sum payment, or find redemption financing without an astronomical interest rate.

What is the difference between Redemption and Reaffirmation in a bankruptcy?

In a redemption, you will pay the financed asset’s actual market value in one lump sum payment, while in a reaffirmation, you will retain the debt through your bankruptcy and continue your usual monthly payments for the term of the loan.

You will likely need to sign a reaffirmation agreement with your lender to retain your loan through bankruptcy. Your lender may allow you to simply continue your payments as usual after your bankruptcy, without an official reaffirmation agreement. However, your lender can opt to repossess the vehicle, and will act more quickly if you are late on payments than before your bankruptcy. The bankruptcy court will also need to approve your reaffirmation, which will be addressed in a hearing that is separate from your 341 Meeting of Creditors.

How to Keep your Car while Lowering Your Payments in a Bankruptcy

Most reaffirmation agreements keep all the same terms of the original agreement, but you may be able to negotiate a new lower interest rate or principal balance. The bankruptcy court likely won’t sign off on an obviously unfair agreement, so it may be in your lender’s best interests to cut you a small break from your original agreement so that the court will approve the reaffirmation. Having a bankruptcy attorney as your representative may help you be more successful in negotiating a favorable reaffirmation agreement.

Reaffirmations are most likely to be approved when you owe less or close to the actual market value of the asset. Since courts are unlikely to reaffirm an agreement where the debtor will pay far more than the asset’s value over time, you should pursue redemption if your loan amount exceeds your asset’s value.

Just because you want to seek the advantages of a redemption through bankruptcy doesn’t mean you won’t be able to pay your vehicle or other financed asset off in monthly installments as opposed to a lump sum payment. You may be fortunate enough to have friends or relatives who can pay off your lump sum payment for you and accept monthly installments after your bankruptcy. Otherwise, some financial institutions specialize in offering loans to bankruptcy filers. These lenders pay the full balance of your vehicle or other property, and you pay back that lender in monthly installments instead of your original lender. Because you will file a motion with the court to proceed with the redemption, this debt won’t be discharged along with your other debts in your bankruptcy.

How to Redeem Your Property in a Bankruptcy in Mesa, Arizona

The first step to redeeming your property in bankruptcy is determining the asset’s correct value. The courts will generally approve a value that is somewhere between its purchase price and its market value. Some items may have a generally approved appraisal method, such as Kelley Blue Book for motor vehicles.

Next, you or your attorney should stipulate this value with your redemption lender. The lender may not agree with your initial proposal, so you may need to negotiate for a different term, principal balance, or interest rate.

Then, you or your attorney will need to file a motion in the bankruptcy court. The filing fees for this motion may be included in your redemption loan. You will then continue payments per your agreement until the balance is paid.

Contact Us to Keep Your Car through a Redemption

If you are struggling with debts but want to keep your financed vehicle, or any other financed asset, our dedicated bankruptcy staff and attorneys are here to assist you. Whether you  need help navigating a reaffirmation or a redemption, our bankruptcy lawyers are well-versed in applicable laws, best bankruptcy practices, trustee preferences, and lender negotiation tactics. The best part is that hiring a bankruptcy attorney is probably far more affordable than you think.

My AZ Lawyers Mesa bankruptcy attorneys offer competitive rates and Zero Down payment plans for qualified Chapter 7 bankruptcy clients. Get started towards your financial clean slate, while keeping your car- possibly with lower payments! Our bankruptcy lawyers are standing by and offer free initial consultations.

Chuck E. Cheese on the Brink of Bankruptcy

Chuck E. Cheese on the Brink of Bankruptcy

Chuck E. Cheese on the brink of bankruptcy blogFor years, Chuck E. Cheese has been a favorite for children, especially for birthday parties. The chain features pizza and other kid-friendly fare, along with video games, prizes, and play equipment. Unfortunately, like many restaurants and other businesses, COVID-19 has decimated profits for the past few months and for the unforeseeable future. The Kid’s Birthday Party/Restaurant may have to file for bankruptcy protection.

Company Information

Chuck E. Cheese was founded in 1977 in California, but currently runs out of Texas. There are 615 Chuck E. Cheese locations worldwide, with 610 of those being in 47 of the United States. The chain is owned by the brand CEC Entertainment.

Struggles Due to the Coronavirus Pandemic

Although many restaurants have been able to continue serving takeout and delivery, Chuck E. Cheese quickly realized its clientele patronized them for their atmosphere and activities, not the pizza itself. Public video games and play equipment aren’t acceptable during the pandemic, as it would prevent an easy opportunity for the virus to spread. The chain reports that profits are down 21.9% from this time last year, and it has had to lay off 17,000 employees since March. The company also included that it was considering bankruptcy in this report. Despite all of these problems the chain announced it would be giving bonuses to three top executives to guarantee they stay with the company. If Chuck E. Cheese files bankruptcy due to the coronavirus pandemic, it will be joining the likes of big names like JC Penney, Neiman Marcus, and Pier 1 Imports. 

In an effort to recoup some losses and avoid laying off and furloughing all of its employees, the company took a unique approach to sales during the pandemic. Eagle-eyed pizza eaters on delivery services noticed that a chain called “Pasqually’s Pizza and Wings” had the same exact addresses as Chuck E. Cheese. The chain created a pseudonym based on one of mascot’s band members to sell to those too embarrassed to be seen eating Chuck E. Cheese pizza. 

Chuck E. Cheese and Chapter 11 Bankruptcy

If the chain files bankruptcy, it will more than likely utilize Chapter 11. Chapter 11 can be used by individuals and by businesses, usually those with significant assets and debts that will be particularly complicated to reorganize. Chuck E. Cheese specified that it would be a Chapter 11 filing if the company does end up filing bankruptcy.

In Chapter 11, the filer’s top creditors will form a panel to assist in reorganizing the bankruptcy debts. Along with the bankruptcy trustee assigned to the case, the panel will make sure that the reorganization is fair for the company and all of its creditors. The company can remain operating and maintain basic management decisions, big business decisions have to be approved by the panel. Alternative debt repayment methods, like ownership and stock options, may be available in a Chapter 11. 

When filing bankruptcy, most companies choose between Chapter 11 and Chapter 7 bankruptcy. Chapter 7 liquidates unsecured non-priority debts. It also provides the option to surrender financed assets that are no longer a good investment. Only the trustee will oversee the case, and creditors can appear at the 341 Meeting of Creditors but not form a panel for the case. The drawback is that the company will be forced to cease operations. All of the company’s remaining assets must be surrendered and will be sold to be distributed amongst the company’s creditors. 

Personal Bankruptcy Chapter 13 and Chapter 7

Personal bankruptcy filers also have the option to file Chapter 7 bankruptcy, along with Chapter 13. Filers will have their financial slate cleared of debts like credit cards and medical bills, but the benefits are not available to everyone. Assets must have not more equity in them than each state’s applicable exemption value. The filer must either make less than the state’s median monthly income for their number of family members, or prove their disposable monthly income is low enough through the Means Test. There are also waiting periods in between filing most chapters of bankruptcy. Those who don’t qualify for Chapter 7 will usually qualify for Chapter 13 bankruptcy.

Chapter 13 bankruptcy reorganizes debts into a payment plan that lasts 3-5 years, depending on the filer’s income relative to the state median. Some debts, like the balance on a car loan, or arrearages on child support, will be paid in full in the plan. Some unsecured debts may only receive a portion of the debt they are owed. Filers must prove they have enough income to feasibly make minimum monthly payments. There are also limits on how much debt they can have: $419,275 in unsecured debt and $1,257,850 in secured debts. 

The spread of coronavirus has impacted businesses and individuals alike. If you are struggling, you should consider how bankruptcy may be able to help you. Our Mesa Bankruptcy Office offers free consultations to help you do just that. Call today to schedule a free consultation to speak to one of our experienced bankruptcy attorneys. We offer free consultations either in office or by phone. We look forward to assisting you. 

Chapter 13 Bankruptcy

HOW A CHAPTER 13 BANKRUPTCY WORKS

Chapter 13 Bankruptcy | Mesa Bankruptcy LawyersFor individuals with regular income, Chapter 13 is a consolidation and repayment form of bankruptcy. By providing protection from your creditors, filing Chapter 13 allows you to keep property and repay creditors via a manageable payment plan. Based on the amount of your debts, income and living expenses, an attorney at My AZ Lawyers will help you establish a repayment plan. The amount of repayment is set and paid to a Chapter 13 Trustee, who in turn distributes the money to your creditors.  Chapter 13 is an affordable way to retain property and repay creditors for those individuals who have regular income. 

TAKE CONTROL OF YOUR FINANCES

Chapter 13 Bankruptcy Lawyers in Mesa, Arizona

A chapter 13 bankruptcy is available for individuals or consumers and not businesses (unless the individual is a sole proprietor, thus qualifying). Generally, an individual can retain all personal property in a Chapter 13 filing as long as the Bankruptcy Court approves the proposed repayment plan.   The sooner the case is filed, the better, in order to protect your valuable assets and accustomed lifestyle. It is best to schedule an appointment with a [cryout-button-dark url=”#”]MY AZ LAWYERS attorney[/cryout-button-dark] to discuss the plan you images (4)need to submit.

MESA BANKRUPTCY ATTORNEYS HELP CLIENTS IN ARIZONA FIND RELIEF FROM DEBT

Consolidate your debts and protect your property

  • Stop harassing creditor phone calls
  • Prevent your home from going into foreclosure
  • Protect your car from repossession
  • Stop wage garnishments
  • Stop bank account levies
  • Prevent lawsuits.
  • Possibly eliminate debt

CHAPTER 13 BANKRUPTCY DEFINED

Payment and retention of a home usually is the top priority when filing and planning a Chapter 13 bankruptcy.  Sometimes referred to as a “home-saver” bankruptcy, a Chapter 13 allows you to combine your debts (secured and unsecured), devise a repayment plan, and repay some or all of your debt while protecting you from liquidation or creditor harassment.  In one monthly, reasonable payment you are able to pay on the debt.

CHAPTER 13 BANKRUPTCY TIME LINE  AND PROCESS

From filing to discharge, typically a Chapter 13 could last 32 to 60 months.  Your Arizona bankruptcy attorney at My AZ Lawyers will be better able to assess the length of the case based upon your personal situation and their past experiences filing Chapter 13.  In terms of the plan, there are factors that determine your time line: amount of payment, income guidelines, and disposable income all are taken into consideration.

images (5)In order to begin the process of filing for Chapter 13 bankruptcy,  contact our Mesa bankruptcy law office to assist you with the complicated rules and procedures involved in the filing. 

  1. Contact My AZ Lawyers to schedule your [cryout-button-dark url=”#”]FREE CONSULTATION[/cryout-button-dark] with an experienced bankruptcy law attorney.  (480)833-80002.
  2. Prepare the appropriate paperwork and fill out the needed forms.  (If married, spouse fills out forms as well).  Your attorney will instruct you as to which forms you need and how to correctly prepare them.
  3. Meet with My AZ Lawyers to review your paperwork and assess your financial situation and determine if a Chapter 13 bankruptcy is in your best interest.  Your Mesa bankruptcy attorney will give you advice as to what your best options are for you in order to be debt-free.
  4.  Complete credit counseling course.  Before filing Chapter 13, you are required to complete a session on credit counseling.
  5. Approximately a month after filing your case, you and your attorney meet with creditors at a hearing called the Meeting of Creditors.  A Chapter Trustee reviews your case at this hearing.
  6.  A bankruptcy Judge approves your payment plan at a Confirmation Hearing.
  7. A second credit counseling course must be completed before receiving discharge papers.
  8. An order of discharge from the Bankruptcy Court is issued upon completion of your repayment plan and all met requirements of Chapter 13 bankruptcy law.

MY AZ LAWYERS OFFERS AFFORDABLE LEGAL REPRESENTATION FOR ARIZONA

One key benefit to the Chapter 13 filing with a Mesa bankruptcy law office, is that the unsecured debt is addressed interest free.  There is no outrageous interest rates on credit cards as you pay your debt.  Chapter 13 is a good option for some individuals who do not qualify for chapter 7 bankruptcy but still want to achieve a debt-free future.

DEBTS NOT DISCHARGED IN CHAPTER 13images (6)

  • Child or Spousal support
  • Criminal fines or penalties
  • Debts incurred through fraud
  • Student loans
  • Debt due to property settlement in a divorce
  • Some kinds of taxes including real estate and income tax (these may be addressed in the payment plan, just not eliminated)
  • Debt from property damage or personal injury done willfully or maliciously

ADVANTAGES TO FILING CHAPTER 13 BANKRUPTCY

  • Prevents mortgage default
  • NO INTEREST on credit card and finance company debt
  • NO INTEREST on tax debt or penalties
  • Possible elimination of a second mortgage lien debt
  • Reduced interest rates on secured loans
  • My AZ Lawyers are experienced in filing Chapter 13 bankruptcies and can help you take advantage of this type of debt relief.

Click for additional Chapter 13 Information.

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Chapter 7 Bankruptcy

CHAPTER 7 BANKRUPTCY DEFINED

Because it provides dChapter 7 Bankruptcy, Mesa Bankruptcy Attorneyebt relief for people who have excessive debt, Chapter 7 bankruptcy is referred to as a “fresh start” bankruptcy or “liquidation” bankruptcy.  Individuals from all professions and economic statuses find themselves owing an overwhelming amount of debt. Chapter 7 bankruptcy can eliminate medical debt, credit card debt, judgements and/or lawsuits against you (thus, giving you a fresh start on your finances).

THE  CHAPTER 7 BANKRUPTCY FILING PROCESS

The first thing you should do if you are considering filing Chapter 7 bankruptcy, is to call the law office of My AZ Lawyers.  Why?  An experienced bankruptcy attorney can asses your financial situation and evaluate your debt.  Take advantage of a [cryout-button-dark url=”#”]FREE CONSULTATION [/cryout-button-dark]in which a lawyer can help you go over your income, expenses, and all debt in order to get a true picture of your financial situation.  By doing this, you can visit your options and make good decisions. 

Determining if a Chapter 7 bankruptcy is right for you is something that needs to be discussed with an attorney. By meeting with a lawyer at My AZ Lawyers, and providing some financial information, you will be advised as to what would be the next best step to take in order to get you your fresh start.  Some clients discover that they would better benefit by filing a Chapter 13 bankruptcy, or sometimes bankruptcy is not necessary, (debt settlement) as the bankruptcy attorneys at [cryout-button-dark url=”#”]My AZ Lawyers[/cryout-button-dark] know the ins-and-outs of the process. The bankruptcy code is complicated, and you are allowed “exemptions” which allow you to keep certain property in your bankruptcy. So you want an attorney to look at they property you own. 

Arizona has its own set of exemptions and dollar limits on what you allowed to keep. There are exemptions for housing and vehicle.  A Mesa bankruptcy attorney can analyze and determine how and if these will work in your favor. Our attorneys are experts at Arizona bankruptcy law and know all the exemptions.

Chapter 7 BankruptcyIf you decide to  proceed with a bankruptcy, the law firm collects more information and you take an online credit counseling class (one hour) before then attorney can file your bankruptcy.  The bankruptcy court requires this to be done, but it is available to take 24/7.

You will need to provide paperwork to the office, and we will file with the bankruptcy court (typically a 2 week process). After reviewing the paperwork and signing that it is correct, it is filed, and you are assigned a case number. Many clients think once they come into the law office and retain an attorney, they will get filed the next day, but  it is a process that takes a few weeks.

If you have a need for an emergency filing, and cannot wait the 2-week period, contact My AZ Lawyers immediately if your filing is urgent. 

Many clients think once they come into the law office and retain an attorney, they will get filed the next day, but  it is a process that takes a few weeks.  Contact a chapter 7 bankruptcy lawyer and see if filing for bankruptcy protection in Mesa, Maricopa County, Arizona is right for you.

Free Consultation, Mesa Bankruptcy AttorneysAn Automatic Stay will go into effect once your bankruptcy car is filed.  This bankruptcy provision means that all creditor collection activity is required to stop.  This includes phone calls, letters, repossessions, and home foreclosures.  If any of your creditors wish to make any further communications, they would have to go through the attorney.

Approximately 40 days after filing, you will attend a “first meeting of creditors” hearing at court. A bankruptcy trustee will review your petition and ask you questions.  Creditors are allowed to also attend this hearing. The hearings are informal and typically do not last long. Your lawyer from My AZ Lawyers will be at that hearing with you.  The hearing is a basic and simple process.  After attending the hearing, you must forego a 60 day waiting period.  This is just to give both creditors and bank trustees time if needed to follow-up on the hearing if they choose to do so.

During this 60 day time frame, you are then required to take a second online class  —- this needs to be completed in order to receive your discharge. There is a small fee and it takes a couple of hours.

Once you have completed all the requirements and waited the 60 days, you will receive a discharge:  an order form the court that eliminates all of your debt that can be eliminated legally. 

In total, from the time your case is filed to getting your discharge papers, expect the process to take 3-4 months.

IS CHAPTER 7 RIGHT FOR YOU?

You should seed advice from [cryout-button-dark url=”#”]My AZ Lawyers[/cryout-button-dark] about your financial situation.  An attorney who has practice with bankruptcy cases will help you to understand both the law and your options.  Maybe Chapter 7 is not available to you.  Maybe a chapter 11 or 13 would offer more effective debt relief for your case.  Maybe your issues can be resolved by debt negotiation.

My AZ Lawyers offers payment plans:  low-fee guarantee, file now, pay later — our law firm wants to give superb legal representation to Arizona clients at an affordable rate. 

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