PHOENIX BANKRUPTCY LAWYER
NO FEE UNLESS YOU GET PAID
PHOENIX BANKRUPTCY LAWYER
NO FEE UNLESS YOU GET PAID
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Phoenix Bankruptcy Lawyers
Helping You Get A Fresh Start
Bankruptcy can offer immediate relief from harassing creditor phone calls and collection efforts. Instead of being afraid to answer the phone because another bill collector is calling, the filing of a bankruptcy petition will give you immediate peace and stress relief as an automatic stay goes into effect which prohibits creditors from contacting you or trying to collect debt you may owe to them. While many clients are initially unsure of what benefits bankruptcy may offer them, most people will tell us they wished they had filed sooner.
Filing for bankruptcy is the usually the fastest way out of debt for most consumers. Instead of languishing with uncontrollable debt that they are unable to pay off, bankruptcy can allow individuals and families to get out from under their debt and move forward with their lives. Among the many benefits that bankruptcy offers are the feeling of emotional relief and a fresh start with the opportunity for a new financial future.
We Handle The Following Bankruptcy Cases:
Chapter 7
Chapter 11
Chapter 13
Debt Negotiation
At Big Chad Law our bankruptcy attorneys have years of experience and can help you explore your legal options under the bankruptcy code. Bankruptcy creates an opportunity for individuals and families to put their financial problems behind them while receiving a fresh financial future. To learn more about what benefits bankruptcy may offer, call us anytime to schedule a free consultation. We offer affordable flat fees and payment arrangements, and strive to make our services affordable to anyone that desires them.
Bankruptcy Can Stop Legal Action
When a bankruptcy petition is filed, an automatic stay is granted by the court which protects debtors and prevents creditors from contacting or trying to collect debt that a debtor owes them. This automatic stay is active until a case is discharged or dismissed, and stops foreclosures, repossessions, wage garnishments, and all other creditor collection efforts.
Bankruptcy Can Eliminate The Following:
Bankruptcy is a powerful tool that allows people to recieve financial relief from their debts. The type of debt that is discharged depends on what type of bankruptcy is filed. In general, the follwing types of debt are dischargable in a typical consumer case:
Credit Cards
Medical Bills
Personal Loans
Utility Bills
Auto Accident Claims (except those involving drunk driving)
Tax Debt ( in some cases)
Civil Court Judgements (unless based on fraud)
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Call us today at (602) 553-0000 to speak with one of our Phoenix Bankruptcy Lawyers
Frequently Asked Bankruptcy Questions
Here are some of the questions that we are sked most frequently about bankruptcy.
Will I Lose My Home If I File For Chapter 7
In most cases you can keep your home when filing for Chapter 7 bankruptcy in Arizona, especially if the mortgage is current. Arizona has a homestead exeption that allows debtors to protect up to $150,000 in equity through bankruptcy. If debtors are behind on their mortgage or have excess equity in their home, chapter 13 bankruptcy might be a better option. Chapter 13 allows debtors to keep their home if they are behind and repay mortgage arrearages over a three to five year payment plan.
Multiple Bankruptcy Filings: When Can You File Again?
If you filed for bankruptcy in the past, you may still be able to file again depending on how quickly you want to file again. If you filed a chapter 7 bankruptcy previously, you have to wait 8 years from the previous filing date to file another chapter 7. If the court granted a previous chapter 7 discharge, you must wait 4 years from the chapter 7 filing date to file a chapter 13. If you have previously filed a chapter 13 bankruptcy, you must wait two years to recieve another discharge. If you previously recieved a chapter 13 discharge, you must wait 6 years before filing a chapter 7 petition. There are exceptions if you paid unsecured creditors in full, or if you paid 70% of the claims, the plan was proposed in good faith, and represented your best effort.
Can the Lender Repossess My Car During Chapter 7 Bankruptcy?
In a chapter 7 filing, your car is protected by the automatic stay and Arizona has an auto exemption that allows for up to $6,000 in equity in a vehicle to be protected. If you are behind in your car payment, the loan lender cannot repossess your car without first getting permission from the court. In these types of cases you can cure the deficiency with the lender or negotiate to try to keep the vehicle. In instances where there is excess equity in a vehicle and you would like to keep it, you can redeem the vehicle with the lender by buying back the excess equity in the chapter 7 proceedings for the fair market value.
Can Bankruptcy Take My Social Security Payment I Receive?
Social Security benefits are exempt and therefore protected in bankruptcy. When filing for bankruptcy it is a good idea to keep the benefits in a seperate account and not commingle the funds with any other money you may receive. This makes it easy to prove the source of the social security income and the amount that is protected in bankruptcy.
Can I File For Bankruptcy If Unemployed?
There are no restrictions that prevent anyone from filing bankruptcy while unemployed. Although bankruptcy rules don’t specify that you must be employed, your past and present income can affect your ability to qualify for both chapter 7 and chapter 13 bankruptcy for completely different reasons. There are look back periods for income in Arizona (6 months) in which your income is averaged to determine elgibility, so if you just recently lost a high-paying job you may not immediately qualify for chapter 7. Loss of income can also impact your ability to qualify for a chapter 13, as this type of filing requires current income to qualify.
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