Arizona Personal Bankruptcy Information

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. […]

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 […]

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 […]

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 […]

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 federal tax consequences of debt forgiveness and the options to deal with […]

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 […]

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).  There are a total of nineteen categories of debts not discharged in Chapter 7, with some categories […]

Difference between the U.S. Trustee and a Bankruptcy Trustee?

If you are contemplating bankruptcy, you may hear or see references to the U.S. Trustee or a bankruptcy trustee, and wonder what the difference may be. The short answer is that the U.S. Trustee is the bankruptcy trustee, although in some cases the U.S. Trustee may appoint private individuals to serve as the bankruptcy trustee […]

Should I Hire A Bankruptcy Attorney?

If you are considering bankruptcy, your finances are probably already very tight, so paying for a bankruptcy attorney can seem almost counterintuitive–afterall,if you had the money to pay for a lawyer, you would not need a bankruptcy, right? Why should you hire one then? If you are filing for personal bankruptcy (as opposed to a bankruptcy for a business that you own) you don’t need to have a lawyer, you can file for bankruptcy on your own. It is not impossible to do, and people have successfully done it before. However, if you are going to file for bankruptcy on your own, you need to make sure you know what you are doing. This means that you will have to spend some time learning how the process works, and what specific steps you need to take to successfully navigate through bankruptcy.

What Happens To My Property When I File For Bankruptcy?

Almost all of us own property. When the term “property” is mentioned, most people think of land or a house. However, property includes any item or thing that a person may own or possess. So, land or a house are property, but so is a car, a couch, a computer, a wedding ring, a book collection, or a set of tools. In addition, intangible things (i.e. things that you cannot hold in your hands) can also be property. For example, if you have a checking account, that checking account is property. If you are a part owner of a business, your interest in the business is also property, and so on.