Diane L Drain’s Answers

Diane L Drain

Phoenix Bankruptcy Attorney.

Contributor Level 15
  1. If a person is currently in a chapter 13 bankruptcy and will be converted to a chapter 7 can they add anyone else to it?

    Answered 7 months ago.

    1. Diane L Drain
    2. Adam Brooks Arnold
    3. Dorothy G Bunce
    4. Brent J Jensen
    5. Brian Cullen
    6. ···
    8 lawyer answers

    I agree with the prior answers. It is very important that you add ALL new and old creditors when you convert. Be very careful with any homeowners' association dues. Depending on your circumstances it might be best to talk to a good bankruptcy attorney. My best to you.

    13 lawyers agreed with this answer

  2. Demeaner at a hearing?

    Answered over 1 year ago.

    1. Diane L Drain
    2. Peter Walter Weston
    3. Deborah F Bowinski
    4. Mark Markus
    5. Dorothy G Bunce
    5 lawyer answers

    Retaining an experienced bankruptcy attorney is in your best interest. Some of the chapter 7 trustees are more aggressive than others. You are correct that some of the trustees try to intimidate debtors who do not attorneys. The trustee's obligation is to maximize the return to the unsecured creditors. Therefore, emotions have nothing to do with the trustee's duty to determine the value of your non-exempt property. Do not wait too long to hire a competent bankruptcy attorney.

    13 lawyers agreed with this answer

  3. Can I change from chapter 13 to chapter 7 without an attorney. I have no money to pay for help ?

    Answered almost 2 years ago.

    1. Derek R. Caldwell
    2. Diane L Drain
    3. David Eli Larson
    4. Marc Gregory Wagman
    5. Kirsten Nicole Baxter
    5 lawyer answers

    You might talk to the folks at the Bankruptcy Court's Self-Help Center. They have attorneys available on Tuesdays and Thursdays. You must sign up for an appointment.

    12 lawyers agreed with this answer

  4. If I file chapter 7 on credit card Is the tax to be paid on the debt?

    Answered 12 months ago.

    1. Diane L Drain
    2. Derek R. Caldwell
    3. Ross M. Mumme
    4. Ray Choudhry
    5. Charles M Leftwich Jr
    5 lawyer answers

    Debts discharged in bankruptcy are not normally a taxable event. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. I am attaching a link to some free videos that explain how bankruptcy works. Most Arizona consumer bankruptcy attorneys offer a free consultation about the basics of bankruptcy. Please take time to educate yourself about bankruptcy and to determine which...

    10 lawyers agreed with this answer

    2 people marked this answer as helpful

  5. Creditor letters after bankruptcy

    Answered 7 months ago.

    1. Thomas John Cesta
    2. Diane L Drain
    3. Dorothy G Bunce
    4. Christine B. Adams
    5. Richard D. Granvold
    6. ···
    6 lawyer answers

    You are correct assuming this creditor was listed in the bankruptcy. If it was not - file an amended schedule immediately. This is extremely important it yours is an asset case. If the creditor was listed in the bankruptcy then send a cease and desist letter. Keep a copy. If they contact you again, send a second letter, this time by certified mail. If they contact you a third time then file a motion for contempt. It is best to talk to an experienced bankruptcy attorney in order to...

    10 lawyers agreed with this answer

  6. Foreclosure vs Deed in Lieu

    Answered about 1 year ago.

    1. Diane L Drain
    2. Steven W Zachary
    3. Jason M. Wells
    4. Susan Schmeidler Blum
    4 lawyer answers

    I am hoping that you misspoke when you stated that you did not include your home in the bankruptcy. You cannot leave any debts or assets out of your bankruptcy. In order to avoid serious problems please correct the statements and schedule filed with the court. As to the foreclosure process - the answer depends on the current status of any pending foreclosure. You may only have a few weeks, or could have several months. There is not enough information in your e-mail to answer these...

    10 lawyers agreed with this answer

  7. Is it illegal or considered fraud if I file for a tax date extension if I know I'm going to be in judgement in 7 days?

    Answered over 1 year ago.

    1. Ross M. Mumme
    2. Diane L Drain
    3. Dorothy G Bunce
    3 lawyer answers

    Bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. I am attaching a link to some free videos that explain how bankruptcy works. Most Arizona consumer bankruptcy attorneys offer a free consultation about the basics of bankruptcy. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don’t assume the attorney is being...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. How do I supply a Chapter 7 Trustee with a tax return for a year i was not legally required to file as per IRS regs.?

    Answered almost 2 years ago.

    1. Diane L Drain
    2. Steven Anderson Leahy
    3. Robert A. Stumpf
    4. Lonnie K McDowell
    4 lawyer answers

    If you have a attorney then ask them. If you do not then ask the trustee. But, as was stated in the earlier responses - most likely the trustee will be fine with an affidavit.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. What happens if my bankruptcy is dismissed? how long before I can refile and is there a penalty?

    Answered over 1 year ago.

    1. Diane L Drain
    2. Peter Walter Weston
    3. Stephen M Trezza
    4. Justin D Kelly
    4 lawyer answers

    Bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy. I am attaching a link to some free videos that explain how bankruptcy works. There is no cost for the initial discussion. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don’...

    Selected as best answer

  10. Can you buy another car after you file bankruptcy and before it is discharged?

    Answered 11 months ago.

    1. Derek R. Caldwell
    2. Ross M. Mumme
    3. Steven W Zachary
    4. Diane L Drain
    5. James Portman Webster
    5 lawyer answers

    You might check with the folks at the Arizona Bankruptcy Court Self-Help Center. There is a list that one of our judges provide of car retailers. Truthfully you are going to pay a huge interest rate. Therefore, you would be better saving your money and paying cash for an inexpensive vehicle.

    9 lawyers agreed with this answer

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