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What Debts Cannot Be Discharged in Bankruptcy?

Most unsecured debts, such as credit cards, medical debts, repossessions, etc. can be eliminated in a chapter 7 bankruptcy. However, some debts will survive a chapter 7 bankruptcy. The following are a few examples: Most Taxes Criminal Fines and Restitution Domestic Support Obligations (Child Support, Alimony, etc.) Student Loans (in [...]

2022-06-20T23:15:28+00:00June 20, 2022|Bankruptcy|

What are the Steps to Filing Chapter 7 Bankruptcy in Arizona?

First, you need to determine if chapter 7 bankruptcy is right for you. This type of bankruptcy eliminates most unsecured debts such as credit cards, personal loans, medical debts. Filing invokes a court order called the automatic stay, which stops all creditor activity against you, including wage garnishments. Click the [...]

2022-06-20T23:21:52+00:00June 20, 2022|Bankruptcy|

Will Filing for Bankruptcy Stop Creditors from Harassing Me?

The short answer is yes. The Automatic Stay Filing bankruptcy invokes a court order called the automatic stay. This order prevents creditors from continuing or initiating any debt collection activities against you. This includes telephone calls, emails, letters, lawsuits, or any other type of communication. The order is sent to [...]

2022-06-20T23:21:40+00:00June 20, 2022|Bankruptcy|

How Many Times Can I File Bankruptcy?

Life happens. Oftentimes, financial hardship can hit a person more than once during a lifetime. If you have filed bankruptcy before, and debt is piling up again, bankruptcy is probably still available to you as an exit strategy. So, the question is, how many times can you file bankruptcy? As [...]

2022-06-20T23:21:28+00:00June 20, 2022|Bankruptcy|

Filing for Bankruptcy – Common Mistakes

Paying off Debts to Family Members and Close Friends When a person falls on hard times, family and close friends are often there to lean on. They may provide loans to see you through a rough patch. However, repayment of such loans leading up to filing bankruptcy can be disastrous. [...]

2022-06-20T23:21:14+00:00June 20, 2022|Bankruptcy|

Will I lose my guns in chapter 7 bankruptcy?

The short answer is, probably not. Arizona law provides an exemption for, "All firearms of not more than an aggregate fair market value of two thousand dollars." So, if your collection of firearms is worth $2,000 or less, you will be able to keep them in a chapter 7 bankruptcy. [...]

2022-06-20T23:19:42+00:00June 20, 2022|Bankruptcy|

Chapter 7 Residency Requirements and The 730-Day Rule

So, you've moved to Arizona recently, but you want to file a chapter 7 bankruptcy. Can you? As with every legal question, the answer is: "It depends." To file a chapter 7 bankruptcy in Arizona, you just need to have resided here for the majority of the past 180 days [...]

2022-06-20T23:19:23+00:00June 20, 2022|Bankruptcy|

You Don’t Lose Everything When Filing for Bankruptcy!

When you file a bankruptcy, it creates a bankruptcy estate, which consists of everything that you own. State and federal law allows you to protect certain property from your creditors and from sale during the bankruptcy case. These laws are called exemptions. In Arizona, the Arizona exemptions apply, as long [...]

2022-06-20T23:19:10+00:00June 20, 2022|Bankruptcy|

Can filing bankruptcy stop my wage garnishment?

It can be hard to make ends meet under normal circumstances. In Arizona, creditors can garnish up to 25% of your take-home pay, depending on the type of debt. If you're already living paycheck to paycheck, wage garnishment be disastrous. Luckily, filing bankruptcy can stop most garnishments. When you file [...]

2022-06-20T23:18:45+00:00June 20, 2022|Bankruptcy|

What happens to my house in a chapter 7 bankruptcy?

It is rare for a person to lose a house in an Arizona chapter 7 bankruptcy case. That's because the exemption for most people is $250,000 of your house's equity (A.R.S. § 33-1101). If your home's value, less any mortgages, is $250,000 or less, there's a good chance you will [...]

2022-06-20T23:18:07+00:00June 20, 2022|Bankruptcy|

Is My Bank Account Protected in a Chapter 7 Bankruptcy?

Arizona law allows you to keep $300 in one bank account. A.R.S. § 33-1126(A)(9). This only applies to the day that your chapter 7 bankruptcy petition is filed. It is important to note that that the law does NOT allow you to just withdraw cash to get under the $300 [...]

2022-06-20T23:17:41+00:00June 20, 2022|Bankruptcy|

Can I keep my car in a Chapter 7 Bankruptcy?

ARS § 33-1125(8) allows you to protect, "equity in one motor vehicle of not more than six thousand dollars. If the debtor or debtor's dependent has a physical disability, the equity in the motor vehicle shall not exceed twelve thousand dollars." If you are married, you can double this exemption [...]

2022-06-20T23:17:00+00:00June 20, 2022|Bankruptcy|

To Reaffirm A Vehicle Or Not?

When filing for Chapter 7 bankruptcy, you do have some options when it comes to your vehicle. If you are in good standing with the payments on the vehicle you are purchasing and would like to continue making payments, you may be able to enter into a reaffirmation agreement with [...]

2022-06-20T23:16:40+00:00June 20, 2022|Bankruptcy|
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