Bankruptcy relief has been essential to the economic success of the United States for over 200 years. The purpose of bankruptcy is obtaining a fresh start and lifting the weight and pressure of creditor calls, letters, lawsuits, garnishments and attachments. We take pride in helping you to understand bankruptcy and decide if it the best solution for you. If it is, a bankruptcy attorney will provide you personal attention from the initial consultation through the conclusion of the matter. We will assist you in navigating the complex bankruptcy process, so that you can enjoy some peace of mind, and look ahead to better days. GET STARTED now with a free consultation with a bankruptcy lawyer.
We serve clients throughout the Phoenix, Arizona and Southern Arizona areas. We are located in Chandler, Arizona close to Queen Creek, Arizona; Gilbert, Arizona; Mesa, Arizona; City of Maricopa, Arizona; Florence, Arizona; Coolidge, Arizona; and Pinal County, Arizona.
July 17, 2009
Many individuals facing potential Bankruptcy are small business owners. They may be the only or one of a few shareholders of an S-Corporation or only member of a Limited Liability Company. This complicates the nature of the Bankruptcy estate and limits what can be accomplished in the discharge.
Generally speaking, a small business that is incorporated under state law is its own legal entity, separate from the actual people that own it. However, in a Bankruptcy, the Trustee takes control of the Debtor’s assets and property as if they were the true owner. They can do with those assets anything that a typical owner of property can do. The debtor’s ownership of an LLC or small corporation is an asset of which the Trustee may take possession. If the business has significant assets, inventory or accounts receivable, the Trustee may find a way to assert control of these, and in some cases, dissolve the business.
June 15, 2009
If you have ever been behind on your bills, you have no doubt experienced the collection call. If you have ever been really far behind in your bills, these calls are a regular part of daily life…sometimes too regular.
In addition to their frequency, collection calls have quite an unsavory reputation for content. In many ways, this reputation is well deserved. In these difficult times collection agencies are being particularly aggressive in pursuing debtors. After all, they are usually paid according to what payments they bring in.
How would you like to turn the tables on those abusive debt collectors, and make them pay you instead of you paying them? Debt collectors are strictly regulated in how, when and with what they can contact debtors. Unfortunately, violations of those regulations are rarely pursued because many debtors do not know their rights. But, finish reading this post and you will learn a little about the FDCPA.
June 1, 2009
Filing bankruptcy is a complicated process. In fact, it’s complicated before you even start because you have to make some initial decisions about whom will represent you. Here are your four options:
1. Represent Yourself
As in most legal proceedings, a party is entitled to represent his own interests in a bankruptcy. This is called pro se or pro per representation. Some people are successful in doing a bankruptcy this way if they do not have a complicated case and if they have the time and ability to research the law and procedure for bankruptcy. However, even in a successful pro se case, the debtor often misses subtle items that could ultimately cost them more time and money than they would have spent on a lawyer. And, if the case begins to unravel, you will end up seeking out a lawyer and probably paying more than you would have if you had started out with a lawyer in the first place.
Pros: Low initial cost (just the $299 filing fee), learn about legal system, sense of accomplishment
Cons: Risk, potential high long term costs, anxiety of not knowing the process
May 21, 2009
Bankruptcy can be a confusing and overwhelming process. In addition to dealing with all the forms, the deadlines, the costs and the laws, there are many people involved in this process that you may be unfamiliar with. Here is a basic Who’s Who of Bankruptcy:
Debtor: This is the person filing for Bankruptcy protection. Saddled with debt beyond the ability to pay, this person is asking the court for a clean slate or a manageable reorganization and payment plan. Ideally, this person is represented by an attorney.
Secured Creditors: These are parties that have lent money to the debtor in exchange for a security interest in the property of the debtor. The classic example is the home mortgage lender or your car loan holder. If the debtor defaults on these loans, the Secured Creditor has a right to foreclose on the house or repossess the car that the debtor loaned the money against. In Bankruptcy, these creditors have a higher priority over an Unsecured Creditor.
