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Clint Spencer Dunaway

Clint Dunaway’s Legal Guides

38 total

  • Do I Need to be Flat Broke in Order to File Bankruptcy?

    No, you do not need to be completely broke in order to file bankruptcy. In fact, most of our Arizona bankruptcy clients have jobs and many own homes. You dont need to be living under a bridge or in a park to qualify for bankruptcy. Regardless of how much or how little money you m...

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  • What if I Don't Pass the Means Test?

    The means test was introduced to the Bankruptcy Code in 2005. It is designed to limit those individuals eligible to file for Chapter 7 bankruptcy. The Chapter 7 bankruptcy means test compares your current monthly income against the median income for households similar in size to ...

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  • Why Does Bankruptcy Exist?

    At its core consumer bankruptcy exists to give people a fresh start and a second chance. Since the great recession began several years ago millions of people in this country have filed bankruptcy. People have found themselves trapped in a cycle of endless debtstruggling just to m...

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  • What is an Emergency Bankruptcy?

    Yes, we absolutely file emergency bankruptcies. Emergency bankruptcies give the filer all the benefits of a regular bankruptcy but require only a fraction of the documents. This is why emergency bankruptcies are sometimes referred to as a skeletal petition. Once the necessary doc...

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  • If I File Bankruptcy Will I Lose Everything I Own?

    Clients are often concerned about whether they will lose any of their property when they file bankruptcy. However, most people that file bankruptcy do not lose any of their property. Maybe because Chapter 7s are known by the nickname liquidation, people believe that all their stu...

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  • Can I File for Bankruptcy?

    In a manner of speaking, yes, anyone can file for bankruptcy. What chapter of bankruptcy you qualify for depends on your specific situation. In October 2005, a massive change took place in the U.S. bankruptcy code. Congress passed the Bankruptcy Abuse Prevention and Consumer Prot...

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  • How do I know if I Qualify for a Chapter 7 Bankruptcy?

    Determining whether or not a person can qualify for a Chapter 7 bankruptcy is one of the most complex areas of consumer bankruptcy. The means test is used to determine who can file for Chapter 7 bankruptcy or who must file a Chapter 13. The means test was introduced to the Bankr...

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  • Can Bankruptcy Help with my Underwater Car?

    Absolutely, bankruptcy can help if you owe more on your car than it is worth. Lets take a look at how it can specifically help. Chapter 7 722 Redemption: Filing for Chapter 7 bankruptcy can allow you to reduce the amount you owe on your vehicle. Through a 722 redemption you ca...

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  • Can I Include My Student Loans in Bankruptcy?

    Generally speaking student loans are not dischargeable in bankruptcy. The US Bankruptcy Code at 11 USC 523(a)(8) provides an exception to bankruptcy discharge for education loans. However, student loans may be discharged if you can show that payment of the debt will impose an und...

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  • Does My Spouse Have to File Bankruptcy? What If We Are Considering Divorce?

    It is legally possible for a married person to file bankruptcy individually but there are several issues that you need to be aware of especially if you live in a community property state. Community property laws state that generally speaking whatever is accumulated during marriag...

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