If a person took out a loan from a bank, and a few months later they find out that they have to file bankruptcy, how would this effect the bankruptcy process? Would the loan be forgiven? Thanks for your help.
As indicated by the other answers, this is a very fact intensive question that needs further consultation. Important factors are time if incurrance, your waiting extra time to file, if you made payments after incurring the debt, is it secured etc. There are ways to handle this situation, but it is important you obtain advice from an experienced attorney very early in this case.See question
If the individual uses credit cards up to the time of the filing, will the credit card debt still be forgiven? Would there be fines or penalties? All advice is appreciated. Thank you.
Mr. Neeley and Ms. Drain are absolutely correct. You must stop using the credit cards now or risk those debts being held non-dischargeable. Many factors are in play here and you need the guidance of an experienced bankruptcy attorney. You should seek a consultation now so your attorney can guide you through the process. Please don't hamstring your attorney by actions you have taken before your consultation.See question
If a creditor has a judgement against me for say, $300, can they only take out the amount owed in the judgement, or can they take ALL of the money that is in the bank account?
Per the Arizona statutes, a creditor with a judgment that files a writ of garnishment on your bank, may take funds up to $300, but only after the bank holds $300 for you, which is your exemption. Bank garnishments are a one time thing. They only get the money in your account over $300 (up to the amount of their judgment) at the time of filing. It is not a continuing garnishment, which means that money you deposit after that is not caught by the garnishment. To get more money, they have to do a new garnishment. A $300 judgment would not be a reason to file bankruptcy. However, if you have significant other debt, you should consult with an experienced bankruptcy attorney about your debt, as the judgment will be discharged in the bankruptcy.See question
Is there a hardship exemption in AZ for chapter 13 BK to retain your home under the homestead exemption if you do not reside there? We rented out our house for enough to cover the mortgage so that we could move in with 84 YO Dad to take care of hi...
Unfortunately, there is no hardship exemption in Arizona. Mr. Ellis' answer gives a good summary. The Chapter 13 may allow you to retain depending the facts of your situation and if your father is paying you rent. Chapter 7 could be a possibility if you move back in or depending when you left the house. Bankruptcy is a complicated area of the law where on size does not fit all. You should schedule an appointment with an experienced bankruptcy attorney to go over the specific facts of your situation. AVVO is a good resource to find such an attorney as they rate bankruptcy attorneys. Most attorneys do not charge for an initial consultation in consumer cases. Remember that you are looking for someone experienced, competent, and who cares about your situation. You should always meet with the attorney first, not a secretary or paralegal which is what happens in the bankruptcy mills.See question
My mother is considering bankruptcy. She is really in a bad financial situation. She has a tendency to be shallow and superficial which leads her to boutique lawyers, who try to literally upsell her (hence why she's so far in debt in the first pla...
All the answers given are good answers. Diane Drain's answer sets forth the most comprehensive process to follow. Looking at the AVVO ratings is a good indicator too. Although one should always be wary of "upselling", bankruptcy is a complicated process and picking the cheapest attorney is usually not the best idea as you will get what you pay for. You are just rolling the dice that his lack of attention does not get your mother in further trouble. And yes, you should accompany her to the interview(s).See question
My dad was very ill, he died in september 2014 after 15 years of battling terminal illness. He racked up $$$$ so much in medical bills. Is there a way that we can claim medical bills bankruptcy and get it cleared out? My baby brothers are eating r...
While there is no such thing as a "medical" bankruptcy, medical bills can certainly be discharged in a bankruptcy. You mother needs to see an experienced bankruptcy attorney as soon as possible. Her job is to take care of her family, not to pay medical bills. Most bankruptcy attorneys do not charge for an initial consultation.See question
I want to file Chapter 7.
All these answers are good answers. The best come from Mr. Neeley and Ms. Drain. Avvo itself is a good place to start as the bankruptcy attorneys on this site have all been rated according to strict criteria. It is also good to check the attorney's web site, which will be listed on Avvo. This will give you a feel for the attorney's competence and experience. You will also find that there are experienced attorneys in both Flagstaff and the Phoenix area who represent clients in Prescott Valley.See question
I have between $50k-$55k in cards. I have 1 vehicle (2012 Honda Pilot), with no equity and our home was just foreclosed on. The 1st lien was satisfied, but the 2nd lien will not be. The house was awarded to me in the divorce and my ex-husband sign...
There is no minimum debt required to file a Chapter 7 bankruptcy. The key is whether the Chapter 7 can give you the kind of relief you need to get a fresh start. A complete analysis of your situation should be done by an experienced bankruptcy attorney to make sure all you debts can be discharged and what assets, if any, you could lose in the bankruptcy. Your divorce decree should also be examined to see if there is indemnification debt to your ex-husband. You should schedule an appointment with an experienced local bankruptcy attorney who can then explain all your options to you, both bankruptcy and non-bankruptcy.See question
Trustee in Chapter 11 paid himself more than the plan allowed & was not approved by the credit committee. He has been removed by a majority vote of the committee but now we see he was overpaid by $70,000. Do we have an avenue to get that money back?
The answers of Mr. Neeley and Mr. Gambrell are correct. If indeed the trustee was paid more than allowed in the plan, an action is available for recovery. There would be personal liability and oftentimes a Chapter 11 Trustee is required to post a bond to cover matters just like this. If you are a member of the Unsecured Creditors Committee, this would certainly be a efficient avenue to bring such an action. Involvement of the United States Trustee would also be appropriate here. I have found in my years of Chapter 11 practice that quick action is usually needed in these situations. A consultation with an experienced Chapter 11 attorney would certainly be worth its price, especially if you bring along other concerned creditors.See question
I received a tax refund over what I can claim for AZ exemptions.
Your 2014 refund is safe. However, a pro rata portions of your 2015 tax refund could be taken, depending on who your trustee is. For example, if you file 9-1, the year is two-thirds over and the trustee could keep two-thirds of your refund. The later in the year you file, the more likely it is that this will happen. If you live in Flagstaff, there is only one trustee and he will most definitely take the pro rata share. How to best handle this is something an experienced bankruptcy attorney can go over with you in your initial consultation.See question