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Category Archives: Arizona Personal Bankruptcy Information

Bankruptcy can be a complicated topic.  If you are considering bankruptcy, you likely have many questions.  We periodically publish posts discussing questions we get from our clients on a regular basis.  In this section, we address issues encountered most often by our Tucson and Mesa clients considering personal bankruptcy,  such as Chapter 7 or Chapter 13.

Debt Settlement vs Bankruptcy: Pros and Cons

If you are struggling with debt that you cannot pay, you have probably been told, or have read on the internet, that two of the ways to deal with the debt is through either debt settlement or bankruptcy.  You have probably also read different opinions as to which one is better.  The truth is that […]

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Can I Keep My Car in Chapter 7 Bankruptcy?

Many people incorrectly think that if they file for bankruptcy, they have to give up everything they own, including their car.  This is not correct.  Under both the bankruptcy law and Arizona law, a person filing for bankruptcy can keep many types of property, up to a certain value.  These are called exemptions (See What […]

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How to Stop a Wage Garnishment Right Now

Have you received a notice from your employer that your wages are about to be garnished?  Or, was your last paycheck garnished without you even knowing it would happen?  In Arizona, a creditor can take up to 25% of your wages through garnishment. So if a garnishment happens unexpectedly, it can seriously hinder your ability […]

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How to Use Bankruptcy to Stop an Eviction

Do you rent your residence?  Is your landlord threatening to evict you?  If so, bankruptcy may help you avoid eviction.  In this article, I will discuss how bankruptcy affects eviction proceedings, how to determine if bankruptcy will be of benefit to you in stopping an eviction, and the requirements for stopping an eviction through bankruptcy. […]

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Common Questions About Chapter 13 Bankruptcy

These are answers to some of the most frequent questions I hear from my Tucson and Mesa clients considering Chapter 13 bankruptcy.  For a general overview of the Chapter 13 process, see our Chapter 13 Overview page. 1. When should I choose a Chapter 13 bankruptcy? As with any bankruptcy, you should choose Chapter 13 […]

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7 Mistakes to Avoid When Filing for Bankruptcy in Arizona

Bankruptcy can be very effective in eliminating debt and getting your life back on track.  But for those trying to file for bankruptcy without a lawyer, mistakes can be costly (Read Should I Hire a Bankruptcy Attorney?).  Unfortunately, once the bankruptcy is filed, mistakes become very difficult to fix.  Here are the most common mistakes […]

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Will Arizona Bankruptcy Affect My Security Clearance?

A common question I receive from military clients, and clients working in security-sensitive areas, is whether filing for bankruptcy will affect their security clearance. The short answer is that bankruptcy does not automatically disqualify someone from having a security clearance. In fact, in many cases I’ve handled, my client was required to file for bankruptcy […]

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Form 1099-C and Debt Forgiveness in Arizona

One of the ways to deal with excessive debt is to negotiate a debt forgiveness or debt reduction agreement.  However, most people are surprised to learn that the IRS can impose a tax on the amount forgiven or reduced.  This article discusses the tax consequences of debt forgiveness and the options to deal with it. […]

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Do I Need a Bankruptcy Lawyer? – A Judge’s View

For those struggling with debt, hiring a bankruptcy lawyer can seem like yet another expense that they can’t afford.  In the video below, bankruptcy judge Case from the District of Arizona Bankruptcy Court discusses the bankruptcy process and the implications of filing without a lawyer.  This video should be watched by anyone considering bankruptcy, whether […]

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Debts Not Discharged in Chapter 7 Bankruptcy

A Chapter 7 bankruptcy discharges many types of debt. However, there are some debts that are not discharged in Chapter 7. The list of non-dischargeable debts appears in section 523 of the Bankruptcy Code (11 U.S.C. § 523).

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