Category: Consumer Bankruptcy

Be Wary of Arizona’s Flex Loans

2020 has been a stressful year, so far. In the midst of all that has happened, over 30 million Americans lost their jobs. Some projections estimate that the unemployment rate could rise to over 25% through the second half of 2020. The CARES Act and other legislation was enacted in an attempt to bandage the economy during these […]

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I Can’t Pay My Mortgage

I Can’t Pay My Mortgage COVID-19 & THE CARES ACT The economic crisis caused by the Coronavirus pandemic has resulted in thousands of people being unable to pay their mortgages. Many people have lost their jobs, been furloughed or placed on reduced hours. Even those who have been able to work may have suffered a […]

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When Is It Time For Me To File Bankruptcy?

When is it time for me to file Bankruptcy?             This is probably the question I get asked the most.  As a general rule, my advice has always been to file Bankruptcy to stop a creditor from taking something away, like a car being repossessed or a house in foreclosure or wages being garnished.  It is not a […]

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A Silver Lining to Foreclosures: Obtaining Excess Proceeds from Property Sales

Although the real estate market has been in an upswing for several years and we are far past the great recession, there are still circumstances that can arise and cause people to lose their homes to foreclosure.  The only silver lining is that a property can sell for more than what is owed to the creditor […]

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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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