Category: Consumer Bankruptcy

What Do I Get to Keep from My Creditors?

            Many people end up owing more money than they can ever afford to repay.  There are many reasons why people have debt.  Sometimes it is bad luck.  Sometimes it is bad decision making.  For whatever reason, there may come a time when you are not able to pay back the debts that you owe.             When a creditor starts to […]

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Taxes and Bankruptcy

There are a lot of “urban legends” concerning the ability of a debtor to discharge tax debts in Bankruptcy.  The rules are complicated and it takes an experienced Bankruptcy attorney to help taxpayers navigate the rules on when a tax is dischargeable and what types of taxes are dischargeable. The most common question concerns the dischargeability […]

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AZ Homestead Exemption

Protect Your Equity with the Arizona Homestead Exemption

Arizona has a law which allows a homeowner to protect $150,000 in equity from general creditors.  It does not apply to mortgage companies or any creditor who has been given a consensual lien from the homeowner.  It is called a “homestead exemption”.  It applies to all people who have an “interest” in property in Arizona.  It applies whether someone […]

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Is Your House Worth Less than What is Owed on the Mortgages?

Many people in Arizona own a house with multiple mortgages.  Some of those houses declined in value during the Great Recession and have not fully recovered.  If your house is worth no more than what is owed on your first mortgage, there are ways to get rid of the second (and other junior) lien. In a Chapter […]

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Your Rights as a Debtor in Bankruptcy Not to be Harassed

Recent decisions in the 9thCircuit have awarded damages and attorney’s fees to Debtors in situations where creditors have acted wrongfully.  One such case is in re Marino, where the Bankruptcy Court awarded damages of over $100,000 and attorneys’ fees against Ocwen Loan Servicing Company.   One of the major reasons why people file for relief under the Bankruptcy […]

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