Curious about a bankruptcy question.
Before you file for bankruptcy, you definitely must consult with an experienced bankruptcy attorney. While the LLC is not in the bankruptcy, your membership interest is property of the bankruptcy estate. This means that the bankruptcy trustee will step into your shoes and become the new single member and then sell the condo and keep all the proceeds. There may be ways to address this problem, but this must be fully explored with your attorney. Please do not rush out an file this bankruptcy yourself with a document preparer or you will lose the condo.See question
My ex-husband is supposed to pay me spousal support after our divorce. He just filed for bankruptcy using some document preparer who listed me as a Schedule F creditor, and I got noticed. I don't want him to wipe out what he owes me in arrears o...
Bankruptcy is a federal law so it is the same in Arizona as it is in Concord N.H. Spousal support cannot be discharged in a bankruptcy. Because it is a debt, it must be listed (on Schedule E, not Schedule F), but it is not discharged. As long as your divorce decree clearly lists it a spousal maintenance, it will not be discharged. Even if it was listed as a non-support debt in your divorce decree, it would still be discharged because any debt created by divorce decree cannot be discharged in a Chapter 7 (it could be different in a Chapter 13). You may want to schedule a consultation with an experienced bankruptcy attorney to confirm this (this kind of bankruptcy consultation is usually not free), but you should know that your spousal maintenance obligation is protected from the bankruptcy discharge.See question
I have a car loan that I still owe $12,000 on. I've paid approximately $6,000 and the majority of that has gone to the interest. The car is worth $6,000 to $7,000. I am going to be filing chapter 7 bankruptcy. Can I reaffirm the loan through bank...
You may certainly try to renegotiate better terms in a reaffirmation agreement, but my experience in 38 years of bankruptcy law is that lenders rarely negotiate. Of greater concern is the fact that you are 50 days late on your payments. The Chapter 7 will not protect you in the long run from repossession if you cannot get current on the loan. You may want to look at a Chapter 13 bankruptcy which might, depending on your facts, allow you to modify the loan so as to enable you to keep the car. You should consult an experienced bankruptcy attorney in your area about this. Bankruptcy is a powerful tool, but it can be dangerous if you try and represent yourself.See question
My husbands wife stole his identity and took out a credit card in his name. She maxed it out and is no longer paying for it. The police can't do anything till there is proof. The bank refuses to give us any info on the account, sending us to the c...
Your situation can be best addressed by a bankruptcy attorney. Experienced bankruptcy attorneys usually offer a free consultation and can also analyze your non-bankruptcy options. A key will be whether this involves his wife or his ex-wife.See question
Me and my husband has so much debt that we can not afford to pay . So we planned to file bankruptcy. We were paying for filing fee and attorney fee monthly since we can not afford to pay upfront everything. We paid over $2000. And went back to our...
Bankruptcy is an important decision in your life and it is important that you have confidence in and a good relationship with your attorney. Unless the fee agreement you signed with your attorney is an "earned upon receipt" contract (which is rare and disfavored by the State Bar of Arizona), you should be able to get a good portion of your fees back. The amount would depend on the amount of work done by the firm. I do not know what a "case manager" is, but it sounds like this is not an attorney and it is somewhat disturbing that you are only talking to a non-attorney about your case. Most experienced attorneys would offer you a free consultation to look at your situation and advise you. AVVO is a good source to find such an attorney. It does not have to be an attorney in Flagstaff, as Phoenix and Mesa attorneys could also handle your case and some of these attorneys have offices in Flagstaff in which they meet with clients. The important thing is to make sure you will be meeting with an attorney, and not a case manager or some other non-attorney.See question
I live in Yuma, Az, they only have one hospital, they will take a payment or maybe 2 then turn you straight over to collections. There has been times they turned it straight to collections before i even received a bill.
Unfortunately, the hospital does not have to take payments. On the other hand, unless they file a civil lawsuit (failure to pay a debt is not criminal and there are no more debtor's prisons in America) and obtain a judgment against you, they cannot force you to pay the debt. If you have excessive medical debt and/or other debt, you may want to consult and experienced bankruptcy attorney to go over you options. Besides Yuma, many Phoenix and Mesa bankruptcy attorneys will also offer a free consultation and represent clients in Yuma.See question
So if one spouse in a community property state files Chapter 7 bankruptcy, does the other spouse have to wait 8 years?
Mr. Macleod is correct, the filing of a bankruptcy by only one spouse does not prevent the filing of a separate bankruptcy by the other spouse. If the parties are still married, the non-filing spouse could be the recipient of the so-called "community discharge" which might negate the need to file a separate bankruptcy. You should seek a consultation with an experienced bankruptcy attorney to see what the best option for the non-filing spouse is.See question
My daughter has 2 student loans, 1 is Private and 1 is Government. Both have been turned over to collection agencies. If she were to file a bankruptcy, can either or both of these debts be wiped out by filing against the collection agencies?
Unfortunately, the fact that private collection agencies are now involved will probably not help her discharge the student loans in a bankruptcy. Student loans in bankruptcy can only be discharged if there is an "undue hardship". This draconian test requires 1) for debt to be dischargeable on basis of “undue hardship,” debtor must show an inability to maintain minimal standard of living for self and dependents if forced to repay loans, (2) that additional circumstances exist indicating that state of affairs is likely to persist for significant portion of repayment period of student loans, and (3) that debtor has made good-faith efforts to repay loans. This must be established by filing a separate complaint in the bankruptcy proceeding. This test applies to all student loans now, both government and private, regardless of who is collecting the loan. Your daughter should consult an experienced bankruptcy attorney to see if see can meet this stringent test or to explore non-bankruptcy options.See question
we are currently on an installment agreement with the federal and state government, if I chose to get married again, is my new husband protected from incurring my tax debt that was filed with another husband? is there a way to make sure he is not ...
Stuart is correct: your new spouse will not be liable for your old tax debt. If the tax debt is over 3 years old, you may want to consult with a bankruptcy attorney, as tax debt that old can sometimes be discharged in a bankruptcy.See question
I am a stay-at-home mom and my husband works full time. Couple years ago I got a few credit cards in just my name and since then I got myself into $25000 in debt. My husband wants nothing to do with paying it back and I can't work. I am considerin...
Arizona is a community property state. This means, that with a couple of odd exceptions, all debts incurred in the marriage are community or joint debts. You could file bankruptcy by yourself, but the creditors could then go after your husband. There is a complicated theory of discharge called a community discharge if only you file, that could give him some protection as long as he stays married to you. You should both consult an experienced bankruptcy attorney about how this could work and what options are best for you.See question