Why You Need To Hire A Mesa Arizona Bankruptcy Law Firm: Part 2 of 3: Appropriately Recording

Yet another factor of the bankruptcy filing process that you might not be aware of is the bankruptcy court filings and demands. We’ve heard countless horror stories with regards to people who suffer from submitting bankruptcy on their own and have made a bigger mess as the paperwork is wrong. The most sensible thing that you could do would be to talk to a Mesa AZ bankruptcy lawyer to guide you through the bankruptcy operation. Plenty of people which have tried to file their own bankruptcy often end up using a bankruptcy attorney to get their bankruptcy submitted both timely and correctly.

Among the first things which your bankruptcy law office determines is if you are presently eligible for personal bankruptcy. There are new prerequisites when recording bankruptcy like the requirement to complete credit counseling by an authorized consumer credit counseling class within the past 18 months.

Many people obtain the forms and mean to get it done, and the documents just sit on the table getting dusty. All it takes is encountering that one question that you have no idea how to answer, and your attempt for submitting bankruptcy yourself fades away. Don’t take a risk with the future of your finances. Talk to a Mesa AZ bankruptcy attorney who’ll set up a time to discuss your case with you.

Why You Need To Hire A Mesa Bankruptcy Law Firm: Part 1 of 3 – The Means Test

There are various people in the Mesa region that are at a point where they may want to soon look at filing bankruptcy as a solution to their existing unenviable money situation. A number of of these folks are wondering why it is essential that they retain a bankruptcy law firm when submitting Chapter 7 or Chapter 13 bankruptcy in Mesa Arizona.

Using a qualified Mesa AZ bankruptcy attorney is not required legally, but, there are compelling reasons why you should have legal assistance when processing Chapter 7 or Chapter 13 bankruptcy in Mesa, Arizona.

Current variations in federal bankruptcy law regulations made declaring Chapter 13 or Chapter 7 more complicated. For example, you’re now forced to complete a “means test” when filing individual bankruptcy. The Means Test has the intent behind finding out whether you are qualified to receive a Chapter 7 bankruptcy filing. Filing a Chapter 7 bankruptcy discharges the debt you owe.

The new bankruptcy means test can be difficult and perplexing, and if you fill it in improperly, it might be determined that you don’t qualify for recording a Chapter 7 bankruptcy. This facet of a personal bankruptcy filing is so important that it may be damaging. If you choose to do it yourself and record the Means Test incorrectly, you could jeopardize your chance to get released from your debt by way of a Chapter 7 individual bankruptcy.

Speak to your Mesa AZ bankruptcy law firm as it could be a relief to get the help of an experienced bankruptcy law firm if you’re planning on filing personal bankruptcy and have to complete the necessary Means Test.

Bankruptcy on Judgment

Q: We thought we had good business liability insurance but when my husband’s helper failed to bring a box of books back into a home and they were ruined from rain, we were sued for $5000 and our insurance company said that was an extra endorsement that we didn’t have on our policy and refused to cover it. The homeowner’s insurance paid the claim and then they came after us. My husband made a payment arrangement out of distress because the lawyer was sending letters stating that he would have my husband’s driver’s license revoked. We made payments on it for over a year at $150 per month but then the economy tanked, my husband’s work greatly diminished, he started having serious health issues that now take up every last dime we have, he went on disability,and we have almost lost our home three times in the past couple of years. Paying on this unreasonable debt to us was not our first priority. Since then the lawyer has filed a judgment against my husband. We were not served any papers, he just filed it at the court house based on the conditions that he had signed the payment agreement to. We are in serious debt right now and very scared over this judgment. We are looking into bankruptcy as our only option left. Would bankruptcy remove this judgment? We live in North Carolina.

Additional information
Edit for additional information: We are currently caught up on our house but consistently have to pay late. My husband’s name is on the mortgage but I am on the deed and other documents as well. We own our automobiles, both worth less than $5000. We also had an automobile that was repossessed last year. There isn’t any other property or insurance policies. I am also a student and have managed my education with pell grants so far.

A: The short answer to your question is that filing a Chapter 7 bankruptcy would most likely eliminate your obligation to pay the $5000. Filing a Chapter 7 bankruptcy would also allow you to discharge any credit card debt that may have accumulated as your monthly income started to decrease.

However, if you are behind on your house at the time of filing a Chapter 7 bankruptcy, you may lose your house.

Another bankruptcy option that you may want to consider is a Chapter 13 bankruptcy. Chapter 13 bankruptcy allows you to pay back a portion to all of your debt over a 3-5 year period based upon your level of income. The benefit of filing a chapter 13 is that you are able to catch up on any back house payments through the payment plan so that you do not lose your house in the bankruptcy.

* You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.

Answered by Candace E. Kallen, Mesa AZ Bankruptcy Attorney.
Re-Posted from AVVO Legal Questions and Answers.

Q: After filing chapter 7 & discharged, do I still need to pay my line of credit?

I filled for chapter 7 and didn’t reaffirm my mortgage loan but would like to continue paying it, but I also had a line of credit against my home, am I still responsible for the line of credit or does it go away with the bankruptcy? If I’m behind on my line of credit payments, can I lose my home? It’s been 2 years, can I still reaffirm this mortgage loan? Since I didn’t reaffirm, is my home still mine?

A: Yes, the house is yours and if you would like to keep the house you will need to pay the 1st and 2nd or you will risk losing the house. To keep the house you need to keep the lien holders happy. You can lose your home if you don’t make your payments.

* You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.

Answered by Mesa AZ Bankruptcy Attorney
Re-Posted from AVVO Legal Questions and Answers.

Q: What are non-exempt Mesa bankruptcy assets?

My soon to be ex is filing chapter 7 bankruptcy and owes my parents on a promissory note, I need to prove he has assets through a business he owns with his brother.

A: A non-exempt asset is an asset that is subject to seizure by the trustee. Each state has a set of its own exemptions. If you believe your soon to be ex has assets that may allow your parents to recover a portion of the promissory note, you should urge them to consult with an experienced attorney in the state in which they live to review their options. If your soon to be ex does have non-exempt assets, the value of those assets will be disbursed to all of his creditors. It will be highly unlikely that your parents would recover all of the debt unless his asset to debt ratio is roughly even.

* You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.

Answered by Candace E. Kallen, Mesa Bankruptcy Lawyer.
Re-Posted from AVVO Legal Questions and Answers.

Statutes of Limitations to Garnish Wages

Q: A collection agency won a judgment by default against me in 2008 (I would have contested it except my daughter was in intensive care and I didn’t receive any notification of a hearing) for a credit card debt. How long do they have after the judgment to submit for a garnishment? The total judgment is $1200 and I just started working again.

A: They can serve a writ of garnishment on your employer within a very short time after the judgment. Unless you did not receive a normal paycheck immediately after the judgment, the creditor generally starts garnishing your wages right after the judgment. If you have still not been garnished after almost five years your probably won’t have to worry. They might renew the judgment and if they remember to renew, then they will most likely attempt to garnish wages once more.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Answered by Candace E. Kallen, Mesa Bankruptcy Lawyer.
Re-Posted from AVVO Legal Questions and Answers.

Q: Why would a prosecutor withdraw from a case?

Being told prosecutor has withdrawn from the case because defendant is being too un-reasonable. That no deal could be made so he is withdrawing and so did the judge. Tell me wouldn’t the prosecutor just take the stance, well if we can’t come to a deal, Trial it will be, let the chips fall. So can anyone give me some idea’s please. Thanks for your time in this matter I really do appreciate it.

A: Chances are that the prosecutor has some conflict or schedule hiccup. I really doubt that the judge would allow an attorney to withdraw because of an unreasonable defendant. If you have an attorney, have your counsel ask the judge for the reason why the prosecutor has been changed.

I do agree with you that a prosecutor would probably take the stance of: if we can’t arrive at a deal then we will try the case. Find out more details as I suspect that there is more going on here. I would suspect it is a scheduling conflict with the prosecutor’s office.

I would recommend having experienced counsel on your side to better fight your charges. Your freedom is too important.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Answered by Mesa Bankruptcy Attorney.
Re-Posted from AVVO Legal Questions and Answers.

Q: Can a non-attorney sign the retainer agreement on behalf of the attorney?

I received the signed retainer but noticed it was not the attorney who I hired signature on the document. This person is not located on the calbar.org website, so I am thinking this person is not an attorney. Is the retainer binding and valid?

A: If the contract is between you and the attorney for legal work, then the attorney must sign the retainer agreement. If the retainer agreement lists one person on the retainer and someone other than an attorney signed the agreement but is not an attorney then the retainer agreement is not valid.

* You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.

Answered by Candace E. Kallen, Mesa Bankruptcy Attorney.
Re-Posted from AVVO Legal Questions and Answers.

Renting an Apartment Just After Filing Chapter 7 Bankruptcy in Arizona

We recently had a customer come into our Mesa bankruptcy office to launch a Chapter 7 individual bankruptcy. Our customer presently lives in a rented residence in Mesa but wants to get a more affordable place to stay.

Our customer’s lease on his apartment goes through the end of the year and he must declare bankruptcy before this. The dilemma that the client has is that he might not be able to get a new lease on a residence right after declaring bankruptcy.

Could the Chapter 7 bankruptcy proceeding that he is completing make acquiring a new lease contract impossible?

A good thing to always bear in mind is that the months right after a personal bankruptcy recording are a time when an individuals credit rating is the most damaged. Credit rates usually are at their lowest right after a Chapter 7 or Chapter 13 individual bankruptcy. Our Mesa AZ chapter 7 attorney informed our client that it is very possible that he would have a hard time getting a landlord who would lease him a place just after proclaiming bankruptcy.

A better choice for our client, as opposed to declaring bankruptcy and then attempting to secure a new place to rent, could be for our client to sign a new rental on a different property before filing bankruptcy and then reject his current lease in the Chapter 7 individual bankruptcy filing.

Our bankruptcy client took the recommendations of our Mesa bankruptcy attorney and he has now signed a new lease contract on a lower priced spot to live. Our client will be rejecting his present rental in his Chapter 7 individual bankruptcy filing. Our client’s Chapter 7 bankruptcy will also clear away any future rent to be paid and penalties incurred for not fulfilling the lease’s provisions.