Question: I want to file for chapter 13 bankruptcy, but I don’t know how to calculate my disposable income. Is social security included? Is unemployment included? What about gift money? Gambling proceeds? Answer: When calculating disposable income, you do not include social security proceeds as income (line 6), but do include most other common income [...]
Question: I want to file for Arizona bankruptcy, but currently have an annuity? Is there anyway to protect my annuity from the bankruptcy trustee? Answer: Maybe. There is an annuity exemption provided by the district of Arizona, but there are some restrictions that may very well exclude your annuity. It is best to provide a [...]
Question: I filed for Arizona Chapter 7 bankruptcy in December of 2000. Is it possible to file for bankruptcy protection again? Answer: Yup. First, let me point out that you can file for bankruptcy as often as you like. However, the BAPCPA changes to the bankruptcy code limit restricts your ability to obtain a discharge in [...]
Question: I served as a cosigner for the debt of a family member. Will this debt of my dad be eliminated through filing bankruptcy? My dad and I cosigned a loan. If I go through with my bankruptcy, will this debt be eliminated for him as well? Thanks! Answer: While bankruptcy can remove your personal liability [...]
Question: What income sources are used to calculate a debtor’s average income for purposes of the means test? Will I qualify for chapter 7 bankruptcy if I make $1,000,000 a year in tips, gift money and pension proceeds but don’t actually have a ‘real’ job? Answer: Social security proceeds are excluded, most other common income [...]
Question:Can I amend my chapter 13 bankruptcy plan? I cannot keep up on my Chapter 13 payments. Can we go back and change the payment plan? Answer: Yes and No. Guess what percentage of chapter 13 bankruptcy petitions don’t make it to completion. 30%? Higher. 40%? Keep going. I recently read and article which claimed [...]
A common question those considering bankruptcy have is what will happen if they don’t file and continue to default on their debt. If you remember, we talked several days back about the statute of limitations on debt collection. The gist of that discussion? There is a time frame limiting the ability of a creditor to [...]
Bankruptcy law is a funny thing. Most cases I see as a bankruptcy attorney are fairly routine in that I have seen similar scenarios and can accurately predict how they will play out. However, the 2005 BAPCPA changes to the bankruptcy code are still in their infancy. When a unique situation arises, bankruptcy lawyers don’t [...]
I have to admit, I am feeling pretty uninspired today. Were it not for my little resolution, I would most definitely play hookie* from the blogosphere. Therefore, I apologize in advance if my post is C work (not that there’s anything wrong with that). Note: While Urban Dictionary defines a “playing hookie, ” Wikipedia.org reports a conflicting [...]
Are you currently in debt? Are you getting tired of your phone ringing of the hook? Well, I have some good news and some bad news. The good? There are statues of limitation the limit the duration of time in which a creditor can attempt to sue on an unpaid debt and collect on the [...]
Chris Ariano is a top Arizona bankruptcy lawyer. He has devoted a large majority of his legal career to mastering the intricacies of successfully filing for consumer bankruptcy protection, focusing specifically on Arizona chapter 7 and chapter 13 bankruptcy.
On a daily basis, Chris prepares and files bankruptcy petitions for residents of both the Phoenix and Tucson metro areas. Having an unparalleled work ethic, Chris is devoted to guiding clients throughout the entirety of the bankruptcy process.
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