Archive | January, 2011

5 Years Since BAPCPA Does Not Set in Stone Make: Can We Please Consider Primary Mortgage Cramdowns as a Defense Against this Foreclosure Fiasco? Please?

Hello, my name is Chris. I am a Phoenix homeowner, and I am scared. 2 years ago, I bought a home in Phoenix. It was a foreclosure. In the time since, 50% of the homes on my block have been sold via short sale or through foreclosure proceedings. When compared to many, I am lucky. I [...]

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What Happens at a Bankruptcy 341 Hearing? Should I be Scared?

Imagine pushing open the heavy wooden doors and walking into the courtroom. A menacing figure looms over you from the bench, leering as every step you take echoes off the cold marble floors. With a startling crack of his gavel on bench, the Judge snarls: If you cannot list your savings account balance for the consecutive days between August 4th and September [...]

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How Long Must a Person be a Resident of the State of Arizona to File Bankruptcy?

AZ state residency requirement for filing a personal bankruptcy petition: This is a fun one today. See, as you may already know, Arizona is a state of transplants. Me? I am from the windy city. I would bet that if you asked 10 random people on the streets of Phoenix about their home, a majority [...]

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Filing Your Own Bankruptcy: What Can Go Wrong

I can’t afford a bankruptcy lawyer, can I file my own bankruptcy petition? For those long-time readers, you have caught me. I have talked about this topic before. However, I recently received several phone calls inquiring about the cost of attorneys fees associated with filing for bankruptcy. A common response? Oh, that is way too expensive, [...]

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Resolution: 3 Days of Missed Bankruptcy Blog Posts and Counting

Well folks, I have to give myself a little pat on the back. For those of you new to the blog, I made a resolution earlier this year to work daily on my blog. See, I have a hope that 2011 will be the year that my bankruptcy blog really takes off. I have decided that, for each day that I [...]

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If You Need To File Bankruptcy, Just Do It (Stop Worrying About What Your Friend of a Friend May Think)

As a Phoenix bankruptcy lawyer, I interact with a lot of people suffering from financial difficulties. No matter how dire a situation may seem, I have noticed a trend among potential chapter 7 and chapter 13 debtors: nobody wants to file bankruptcy. Actually, let me take that back. It isn’t that they don’t want to [...]

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Chapter 7 Bankruptcy Means Test: Can I Qualify For Chapter 7 If My Income Is ABOVE Average?

Hands down, the most common question I am asked by potential Arizona debtors is: Do I qualify for chapter 7 bankruptcy under the means test? If you are a repeat reader, you may have heard me discuss the means test. Specifically, I have a tendency to blabber something along the lines of “if you current [...]

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How Is Non-Exempt Property Handled in Chapter 7 Bankruptcy

If you are filing for chapter 7 bankruptcy protection, you are probably aware that bankruptcy law outlines a specific list of exempt property. This means that, as a chapter 7 bankruptcy debtor, you are allowed to retain property classified as exempt while filing for liquidation bankruptcy. However, this means that all non exempt property is vulnerable [...]

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A Few Things You Should Understand Before You File Bankruptcy

1. You Can File For Chapter 7 Bankruptcy and Still Keep Your House and/or Car While it is not guaranteed that you can keep your house or car, there are exemptions that can be applied to your house and car. If your equity in these assets is less than the allowed assets and you remain [...]

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Can You Hire A Bankruptcy Lawyer After You Have Already Filed? As A Phoenix Bankruptcy Attorney, This Question Makes My Heart Stop.

For those of you that don’t blog, let me tell you about a nifty little plug-in called google analytics. It is a free service offered by google that allows webmasters to track their traffic. I use it to see what search terms bring people to my blog. More often than not, the question is answered [...]

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