Questions answered by Diane L Drain

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Trying to determine if bankruptcy is the right option for me.

Diane's answer | Answered on April 16, 2013

Bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. I...

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Can we convert from a chapter 13 to chapter 7

Diane's answer | Answered on April 15, 2013

No one can answer this question without a great deal more information. If you have an attorney - talk to them before converting. If you do not -...

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I want to file for bankruptcy but I have a lawsuit pending. How shall I proceed?

Diane's answer | Answered on April 15, 2013

Bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. I...

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I have a Trustee in a Chapter 13 bankruptcy, but the court has not yet signed off on it. Green Tree servicing, LLC

Diane's answer | Answered on April 15, 2013

Chapter 13 cases are far too complex to handle without a very experienced chapter 13 attorney. In Arizona less than 2% of those who represent...

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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?

Diane's answer | Answered on April 15, 2013

Bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. I...

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I was served a Civil summons in Phx, AZ from a 3rd party for a credit card debt. Can they use recordings in court against me?

Diane's answer | Answered on April 08, 2013

In order to clean up everything, not just this one problem, I recommend that you talk to a good bankruptcy attorney. PLease understand that...

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Do creditors send a 1099 after they have used all collection efforts and I am still unable to pay ?

Diane's answer | Answered on April 08, 2013

Generally, a 1099 is filed with the IRS when a creditor "write's off" the loan. There are some protections to the taxable event. Such as forgiven...

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When doing the means test, are you able to put student loan payments ?

Diane's answer | Answered on April 05, 2013

Please understand that bankruptcy is a complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this...

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After a judgement is approved, is there a finite time limit a wage garnishment for unsecured debt can stay attached?

Diane's answer | Answered on April 05, 2013

I agree with my fellow attorneys regarding your situation and that you should investigate bankruptcy as a way to bring peace to your life. Please...

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How can I get a second lien on a home released by the bank? It was included in a bankruptcy three years ago.

Diane's answer | Answered on April 02, 2013

As was mentioned a chapter 13 would be your best bet to release the second mortage. That assumes the property is worth less than the debt of the...

Diane L Drain's Answers (1712)

Trying to determine if bankruptcy is the right option for me.

Can we convert from a chapter 13 to chapter 7

I want to file for bankruptcy but I have a lawsuit pending. How shall I proceed?

I have a Trustee in a Chapter 13 bankruptcy, but the court has not yet signed off on it. Green Tree servicing, LLC

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?

I was served a Civil summons in Phx, AZ from a 3rd party for a credit card debt. Can they use recordings in court against me?

Do creditors send a 1099 after they have used all collection efforts and I am still unable to pay ?

When doing the means test, are you able to put student loan payments ?

After a judgement is approved, is there a finite time limit a wage garnishment for unsecured debt can stay attached?

How can I get a second lien on a home released by the bank? It was included in a bankruptcy three years ago.