Skip to main content
Brian N Spector

Brian Spector’s Answers

18 total


  • Are there any good collections companies in Phoenix, AZ?

    I am a Landscape Contractor in AZ and have a client that has refused to return my phone calls after promising to pay me for work approved. The amount owed is $ 6,568.57. I preliened the property but my Lien rights have run out. Respectful...

    Brian’s Answer

    This is not an insignificant amount. In my experience, this situation either results because your client (I) disputes the bill or (ii) has an insolvency problem. If it is the latter, it is in your interest to move promptly to obtain a judgment and then collect on it (as your client likely owes additional money to others). Oftentimes, "the squeaky wheel gets the grease." You should file the lawsuit yourself in justice court or hire a lawyer to do so.

    See question 
  • Pros/Cons of Bankruptcy and rights/options?

    I purchased a lemon about a month ago. Due to buying the car in Arizona, I was unable to find a lawyer who would be able to help me. I live in California. The car has given me nothing but problems and now, my income has been significantly impacted...

    Brian’s Answer

    Whether to file for bankruptcy relief and what type of case to file requires an evaluation of your entire situation -- all assets, all debts, and income. I would urge caution about filing a case over a single debt. If it is just one debt, you might be able to work out a deal with your creditor that could avoid the filing. I strongly recommend you discuss your situation with a bankruptcy lawyer. Many give free or low-cost initial consultations.

    See question 
  • What can the banks do to recover unsecured credit card debt if I own a home and one small property?

    I accrued the debt trying to revive my 30 year old business. I closed the business at the end of last year. I am 66 and on social security and I work part time. Now I don't earn enough money to qualify for a repayment program.

    Brian’s Answer

    The unsecured creditor can obtain a judgment against you and execute against any non-exempt property you own. You really should get some professional advice to deal with this issue. It might turn out to be quite valuable.

    See question 
  • Filing Chapter 7 after tax season and before next years in reference to refunds. EIC inclusive

    Income Tax was filed in January and refund received first week of February; Therefore can I now file chapter 7 and not be concerned about this years or next years refund being in the loop?

    Brian’s Answer

    If you file your Chapter 7 bankruptcy case in 2015, your bankruptcy trustee can assert a claim for the pro-rata portion of any tax refund for 2015 that accrues prior to your bankruptcy filing.

    See question 
  • I am preparing to file for bankruptcy - chapter 7 in Arizona. Will I be able to keep my employment income.

    continued The rules state that I can only have $300 in my checking account - what if I get paid and have more?

    Brian’s Answer

    If your paycheck is deposited into your bank account and remains there on the bankruptcy filing date, any amount in excess of $300 per individual debtor is at risk of being taken by the bankruptcy trustee. Also, the non-exempt portion of any accrued but unpaid salary also is at risk. (There is often a short lag between the pay period and pay date.) Accordingly, you should get advice from a bankruptcy attorney to time your bankruptcy filing in an optimal manner.

    See question 
  • My car is financed and registered in my aunts name and she filed Chapter 11 bankruptcy. Can they take my car?

    My Aunt lives in and financed the car in Louisiana but the car is Registered in Las Vegas Nv, also I have power of attorney over the Vehicle

    Brian’s Answer

    Judging by the way you phrased the question, it sounds like you have some ownership interest in the car. If so, you may want to talk to her Chapter 11 counsel about getting a determination of (i) the extent of your ownership interest and (ii) the disposition of the car. Whatever ownership interest your aunt has, meanwhile, is property of her bankruptcy estate, subject to any applicable exemption. (In Arizona, for example, a debtor has an exemption for the first $6,000 equity in a motor vehicle.) Even if your aunt has an ownership interest in the car which is not fully exempt, that does not mean that the car will be "taken;" as the purpose of Chapter 11 is to allow your aunt to propose and obtain confirmation of a plan that will permit her to retain various assets, including the car.

    See question 
  • Is a mortgage denial because of chapter 7 a violation of 11 usc sec 525?

    applied several sites online for mortgage. when they hear I had chapter 7 in july 2013, they can't help me.

    Brian’s Answer

    Bankruptcy Code Section 525 primarily prohibits employment discrimination against bankruptcy filers, but also contains protections for those seeking student loans. It does not, however, prevent a mortgage lender from taking your financial history into consideration in connection with a loan application; and I am unaware of any reason why a mortgage lender cannot do so.

    See question 
  • Remove judgment from Bankruptcy?

    I filed for a BK 5 years ago and i end up buying a house almost a year ago. I am about to refinance my house and they told me that i need a lawyer to remove the judgment, this company has already been in the BK and they came back and put and judgm...

    Brian’s Answer

    I'm not sure that I fully understand the situation you describe. I find it interesting that you were able to buy the house and obtain the original financing without removal of the judgment. Is it the new lender which is demanding the release of the judgment? Was the judgment discharged in bankruptcy? If so, you may want to provide the new lender with your discharge papers and see if that suffices. Otherwise, you might want to consider, pursuant to ARS Section 33-420, sending a demand to the judgment creditor to release the judgment and/or bringing an action to clear title.

    See question 
  • Does preferential avoidance applicable in case of bankruptcy chapter13?

    As much as I know, chapter 13 is re organizing the debt. If the debtor made payment 90 days prior to filing chapter 13 bankruptcy, does the trustee have the right to avoid such payment? I heard preferential payment avoidance is applicable only in...

    Brian’s Answer

    The laws regarding recovery of preferential transfers technically apply in Chapter 13 cases, but neither Chapter 13 trustees nor Chapter 13 debtors typically bring such claims. The primary significance is that such claims are considered in the "best interest of creditors" analysis, i.e., the requirement that creditors receive at least as much as they would have received in a Chapter 7 context.

    See question 
  • Can a debt collection agency add future interest to the amount of a judgment?

    I have a judgment for about $7000 and I set up a payment arrangement with the collection agency to be paid over multiple years. When I got the contract, I saw that they added $3000 in interest (the amount of interest to term) upfront to the amoun...

    Brian’s Answer

    The judgment itself usually has language governing the extent to which interest continues to accrue on the outstanding balance. I would strongly suggest that you have an attorney to review any such debt settlement "contract" before you sign it. Commonly, such agreements permit you to pay off the debt at a discount if you timely and voluntarily make the agreed-upon payments. It sounds like the collection agency is trying to collect a premium from you.

    See question