I have a Chapter 7 Discharge, ut the trustee is trying to get my IRA monies that are held in a self directed IRA, with which I used an LLC (as manager) to invest in three investment vehicles1.5 years ago. I am seeking a Phoenix-based attorney t...
I have experience in bankruptcy and litigation. Please feel free to review my profile and my firm's website and give me a call. I have not had a case on the exact issue you mention, but I understand the issues and will give you an assessment of whether I can help you after I hear more of the facts.See question
An Italian company has filed a case against us but we are being told they may not be able to do that.
Your issue is one of "jurisdiction" and "venue". I don't believe I can give you a solid yes or know without a lot more information. There has to be a place for every business to file a lawsuit if it has a claim. Where that place is can be determined through a series of jurisdiction laws. If you were engaging in international business, then the laws of another country may apply as to where the company can sue. If all the business was being done in Arizona, and you are located in Arizona, its possible that this company's only recourse is to sue you in Arizona. Regardless of where that company operates. The jurisdiction rules are not simple, but an experienced attorney should be able to figure out if a lawsuit by this company is permitted in Arizona, once all the facts are provided. You will likely need to meet with an attorney to figure this out.See question
My daughter had a condo foreclosed 2 years ago. The situation resulted from loss of job and major surgery with year long recovery. The bank holding the HELOC is continuing to send statements. She has now recovered but is unclear of what her respo...
I agree with the answer above. You need a real estate/debtor attorney. Knowledge of debt and bankruptcy law is very helpful in these situations. The first issue is to determine if your daughter is actually on the hook for this debt. Then you need to find the best solution if she is. It could be debt reduction/settlement with a payment plan, or bankruptcy. I recommend reviewing the attorney profiles here and reviewing their law firm websites to find an attorney with this experience.See question
I'm a Phoenix AZ landlord with a tenant that signed a 12 month lease, then decided to move out of state after 6 months due to a "job promotion". The tenant is not military, so that standard clause doesn't apply. I told the tenant he's responsible ...
The short answer is, you can attract the best legal talent if you are willing to pay for it. I doubt anyone will take this case on a contingent fee basis because the tenant has moved out of state. That makes it a bit more difficult and costly to collect from him once you do get a judgment. Since this dispute is over a contract (the lease) and since it occurred in Arizona, you would likely be entitled to collect your attorney's fees incurred to get a judgment and to collect what is owed to you. However, you still have the problem of actually collecting. If you know where he lives and works, you have a better chance of collecting on a judgment, however, you might still have difficult time finding an attorney to take this on a contingent fee. If you think you will actually be able to collect from this individual and you want to pursue the case, your best bet would be to find a knowledgeable attorney who charges a low-end hourly rate. This means that you would be looking for an attorney who has 1-5 years experience, but has worked in landlord/tenant and creditor/collection litigation.
Or, you could try to handle this on your own through the Justice Court. If you do, be prepared for many hours of learning curve time and a bit of frustration with the legal system. Feel free to review my profile.
A little behind in payments but making weekly pymts to note holder (previous owner of home). No foreclosure actions yet. If we file BK can we lose the house We are underwater on value vs loan amount.
Your question is fairly complicated. The short answer is that whether your lender is a large bank or an individual person is irrelevant in bankruptcy. Whether you can keep your home through bankruptcy depends entirely upon the bankruptcy laws. If you are current on your mortgage payments when you file the bankruptcy, you can keep your home in a Chapter 7 bankruptcy or in a chapter 13 bankruptcy as long as you keep making your mortgage payments. If you are behind on your mortgage payments when you file the bankruptcy, you would probably want to file a chapter 13 bankruptcy, because it would allow you to keep your house while you catch up on those missed payments over a period of 3 or 5 years. Of course you would have to continue making the current payments that come due each month. If you have more than $150,000 equity in the home, you may have other issues with keeping the home in bankruptcy because the bankruptcy trustee will claim any equity above this amount and pay it over to your creditors. The process for this depends upon whether you are in a Chapter 7 or a Chapter 13 bankruptcy.
Bankruptcy law is complicated, so I definitely recommend consulting with a bankruptcy attorney before you make any decisions. Also, make sure you actually speak with an attorney, rather than a paralegal or a legal assistant. Only a licensed attorney is authorized to give you legal advice
Currently undergoing critical treatment. Owe amount of deductible ($10k). Need major surgery. Have new ins company
A bankruptcy court cannot force a doctor or hospital to provide you treatment. I recommend talking with your hospital or doctor to ask them what they would do in your situation. This may factor into your decision of whether or when you file bankruptcy. Keep in mind that the bankruptcy would only wipe out the medical debt which existed prior to the day you file the bankruptcy. Any services the doctor/hospital provide after the day you file bankruptcy would not be included in the bankruptcy and you would be liable for those. Because of this, your doctor/hospital may still be willing to keep you as a patient after you have filed bankruptcy. There is also an Arizona law which requires hospitals to provide emergency treatment whether you can pay for it or not. You would have to investigate the details of that, but in an emergency, the hospital likely could not turn you away, although you may not be able to choose your doctor. I recommend meeting with a bankruptcy attorney to ensure that if you file bankruptcy, you know exactly what the consequences and benefits will be. You can review my profile and contact information through this website if you have further questions.See question
Making weekly pymts because I am a little behind. Previous owner of house carries the note. We had a four year contract that is coming to an end. Can I lose my house if we file BK?
Your question is more complicated than you realize. The short answer is that whether your lender is a large bank or an individual person is irrelevant in bankruptcy. Whether you can keep your home through bankruptcy depends entirely upon the bankruptcy laws. If you are current on your mortgage payments when you file the bankruptcy, you can keep your home in a Chapter 7 bankruptcy or in a chapter 13 bankruptcy as long as you keep making your mortgage payments. If you are behind on your mortgage payments when you file the bankruptcy, you would probably want to file a chapter 13 bankruptcy, because it would allow you to keep your house while you catch up on those missed payments over a period of 3 or 5 years. Of course you would have to continue making the current payments that come due each month.
Bankruptcy law is complicated, so I definitely recommend consulting with a bankruptcy attorney before you make any decisions. Also, make sure you actually speak with an attorney, rather than a paralegal or a legal assistant. Only a licensed attorney is authorized to give you legal advice.
This is an HOA in Mesa, AZ. They don't have a physical mailbox nor a telephone to reach someone. I have written several letters requesting a call regarding the Association and haven't received a response.
The requirements on an HOA may be found in several documents. Primarily in the Covenants, Conditions, & Restrictions (the CC&Rs). There may also be an HOA operating document. The CC&Rs are what forms and authorizes the HOA. The CC&Rs are public, so you should be able to get a copy online. Additionally, you should have been given a copy when you purchased the property. It will be a 40+ page document. I find it strange that you have no way to contact an individual with the HOA. Do you know when their monthly board meetings are? You could attend the meeting and speak with them. There also may be a management company who works for the HOA. You could try calling them.
Your recourse against the HOA, to the extent they are in violation of the CC&Rs or other Arizona law is to sue them. An experienced real estate attorney could help you file such a lawsuit. Because of the expense of filing a lawsuit, I always recommend negotiating first; but you would need to be able to contact them to do so. Feel free to contact me if you need further help.
I operate a legitimate auto repair business in Arizona on a property with 4 other tenants. We all pay rent to a landlord who leases the property and sub-lets it to us. Three weeks ago all 5 of us were locked out by a person who claims he is the le...
It seems to me that whether you have any claims against this person/entity depends upon whether they acted wrongfully. Commercial landlords are given strong rights in Arizona. However, they cannot violate a valid lease without consequence. If you had breached your lease, a landlord or property manager may have the right to lock you out. I would need to have answers to various questions before I could provide you useful information. For example: did you have a written lease? Had you breached the lease in any way? Had you received any prior notice that ownership of the building had been transferred, either through foreclosure or sale? What does your former landlord say about the situation, assuming he will return you call? On what basis were you singled out as the only tenant who could not return?
There are probably other questions which would arise, but this would be a start to determining what your rights are in this situation. I would be happy to discuss this with you if it is too complex to write online.
I just sent the letter to my tenants that they have five days to pay or get out. They still have partial payment of June and haven't paid rent for July. There lease ends in Jan. of 2013. Can I sue for payment of the rent till their lease ends?
The "Arizona Residential Landlord Tenant Act" will have answers to most of the questions you will have throughout this process. The short explanation is that your tenant is liable for the rent through the lease term, except that you have an obligation to put forth a good faith effort to obtain a new tenant. Once you do, the former tenant's liability ends to the extent you are charging the same amount of rent. If you have to lower the rent, the former tenant could be liable for the difference between the new rent and the old rent each month through the end of his former lease term. Of course, if there is damage to the property, that could increase the tenant's liability. You can sue for these amounts after the fact if the tenant is unwilling to pay them. I believe you would have a 6 year period in which you can file the lawsuit, but I would want to check on that to be sure the AZRLTA doesn't reduce that time. Of course, it is always good to keep in mind that tenants who stop paying their rent usually do not have any money to pay you. So, even if you spend money to sue and get a judgment, you may never be able to collect any money.See question