Attorneys Protecting Citizens

As anyone who has ever been involved with a legal dispute with the federal or local Mesa Arizona government knows, it can be overwhelming facing down an entire institution to argue and prove your point. In filing for debt relief under chapter 7, 11 or 13 of the bankruptcy code, a good Mesa Bankruptcy Attorney can be instrumental in helping you to successfully plead your case.

Do not leave your financial well being and your family’s future to the vagaries of the justice system. Having a legal advocate helps to ensure your rights are not violated, and that you are afforded the protections due to you by process of law. The protections were built into the framework of our great country for a very good reason – to give people a shot at redemption. Don’t let filing for bankruptcy make you think that you are doing something wrong, it can be a step toward economic wellness and a new lease on life.

Legal Services In Arizona

Mesa Arizona

Attorneys in Mesa Arizona are able to handle all sorts of legal issues. If you are looking for a bankruptcy lawyer that can handle chapter 7, chapter 11 and chapter 13, our counselors are able to help. We specialize in debt relief for clients facing the overwhelming wall of debt. bankruptcy was created to give just such a person a second lease on life. The American judicial system was designed to help those who needed a hand, and a good Mesa Arizona Bankruptcy Attorney can help you take full advantage of the protections you are afforded under law. Inquire today to get more info on how you can begin the process toward economic health, beginning with bankruptcy.

East Valley

In Arizona, the east valley cities are the cities which lie to the east of phoenix, and more usually to the east of the loop 101 freeway. Mesa Arizona is an East Valley AZ city, and it is one of the largest cities in Arizona. East Valley bankruptcy lawyers can be located throughout the phoenix metro area, but our Mesa Bankruptcy lawyers do bankruptcies right here in the city of Mesa.

A Need For Lawyers For Bankruptcy

The term attorney and lawyer is often used interchangeably. An attorney is one who practices law on the behalf of clients, and ensures their constitutional rights are upheld. Without lawyers, there arguably would not be law. These Mesa Arizona Attorney At Law brokers can be hired to assist you throguh your filing and to a successfule resolutoon of your chapter 7, 11 or 13 bankruptcy proceeding.

This article covers a little info on Mesa Bankruptcy attorneys and lawyers, and how to select a competent attorney in Mesa Arizona.

Locating a Lawyer who does bankruptcy

Mesa Bankruptcy Attorney chapter Filing infoThe best way to find a bankruptcy lawyer in Mesa Arizona is a referral. This would require talking to friends and family who have gone broke in the past, and see what lawyer helped them with the bankruptcy filing. Most lawyers depend upon referrals for the success of the practice.

Finding information on the prospective Attorney

An attorney is one who practices law, and is licensed to advocate the rights of their clients competently. It requires a thorough understanding of bankruptcy law, and these attorneys are master of their practice areas. Filing for Chapter 7, Chapter 11, chapter 13 and the other sections of the bankruptcy code can be very stressful. A properly trained attorney can be tremendously helpful in attaining debt relief, and one should read all the available reviews on the quality of the prospective legal advocate.

Checking the legal status of the counselor

Mesa bankruptcy needs a Mesa Attorney

Bankruptcy Legal Terms Explained And Defined

Bankruptcy Estate

All legal or equitable interests of the debtor in property at the time of the bankruptcy filing. (The estate includes all property in which the debtor has an interest, even if it is owned or held by another person.)

This defines the assets which are covered under the federal bankruptcy laws. It is important to note that the law specifies all property in which the debtor has an interest. This means that vehicles with equity, land that is partially paid, items which are not underwater can be liquidated and turned into money to pay creditors. A good Mesa AZ Attorney can help you stay in your house during a bankruptcy, and it is important to call and see if you would have this an option.

credit counseling

Generally refers to two events in individual bankruptcy cases: (1) the “individual or group briefing” from a nonprofit budget and credit counseling agency that individual debtors must attend prior to filing under any chapter of the Bankruptcy Code; and (2) the “instructional course in personal financial management” in chapters 7 and 13 that an individual debtor must complete before a discharge is entered. There are exceptions to both requirements for certain categories of debtors, exigent circumstances, or if the U.S. trustee or bankruptcy administrator have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling.

This covers some of the prerequisites to a successful bankruptcy filing. A good attorney can advise you on the steps you need to complete prior to having your petition approved. This step is credit counseling. It stands to reason that a person who is going through tight financial times may have benefited from wiser economic decisions at some point prior. Thus, the classes on financial management. To ensure fairness, the bankruptcy code requires that it be an approved credit counseling agency, and that in order for a judge to enforce the mandate the classes must be available to the person who is filing. It would be unfair to place further burden on one who is already going through stressful financial difficulty.

exemptions, exempt property

Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor’s primary residence (homestead exemption), or some or all “tools of the trade” used by the debtor to make a living (i.e., auto tools for an auto mechanic or dental tools for a dentist). The availability and amount of property the debtor may exempt depends on the state the debtor lives in.

Exemptions! Exempt property is very important to a bankruptcy petitioner, as it can be vital to the economic recovery that lies ahead. The laws vary from state to state on what may be claimed as exempt, but generally one may retain a good portion of their home equity, and the tools of their trade which are required for generating income. Attorneys who specialize in Arizona bankruptcies can help you to determine what is exempt property and what is not. In some cases, this would be finally adjudicated by an officer of the bankruptcy court as part of the proceeding of th case, or it could be determined by the bankruptcy trustee. You lawyer can help you plan, and shed some lights on what you can expect as a mesa Arizona resident filing for bankruptcy.

Bankruptcy Definitions

Automatic Stay

An injunction that automatically stops lawsuits, foreclosures, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed.

The automatic stay is a vital part of the bankruptcy process. Persons facing legal action for things like foreclosing on their house, people having wages withheld to pay bills, persons being threatened and harassed by creditors can get a reprieve thanks to the automatic stay that comes with bankruptcy proceedings. Bear in mind there is a limit to the number of times one can file for bankruptcy, and if a bankruptcy court judge determines the petition is invalid or spurious you will not be given the legal protection afforded to persons going bankrupt under the automatic stay clause of the federal bankruptcy code.

Bankruptcy Code

The informal name for title 11 of the United States Code (11 U.S.C. §§ 101-1330), the federal bankruptcy law.

And there you have it, for those who were wondering where bankruptcy law is found. This is particularly relevant to persons researching bankruptcy in preparation to file. Normally the Arizona Revised Statutes would have much of the information you need on local Arizona matters, but much of the Bankruptcy proceedings are covered by the federal law on bankruptcy.

Bankruptcy Petition

The document filed by the debtor (in a voluntary case) or by creditors (in an involuntary case) by which opens the bankruptcy case. There are official forms for bankruptcy petitions.

Bankruptcy petitions are the beginning of any filing process. You can download them on the US courts website, but you would be advised to retain legal counsel during this process. Often bankruptcy relief is urgent, and the bankruptcy petitioner needs to have the respite offered by the automatic stay immediately to avoid losing their home or other vital possession. Having a good Mesa Arizona Bankruptcy Attorney help in the filing your case is important.

The Chapters of Bankruptcy

Chapter 7 Bankruptcy

One piece of information about filing for bankruptcy in Mesa Arizona is a chapter 7 bankruptcy. Known as a liquidation proceeding, it was created to help people get out from under their debt and start fresh. If a person cannot afford to payback their debts, they could file for chapter 7 bankruptcy, for that reason. The debtor would turn over all non-exempt property to their bankruptcy trustee who then converts it into cash for distribution to the creditors. Please note that a debtor is allowed to keep certain exempt property.

Chapter 13 Bankruptcy

A chapter 13 bankruptcy is also known as a reorganization bankruptcy. A Mesa chapter 13 bankruptcy is where a debtor would pay off their debts over three to five years. This type of bankruptcy was created for individuals who want to keep their non-exempt personal property.

What can I expect during the bankruptcy process?

• You will need to meet with a bankruptcy attorney to complete a means test to make sure you qualify for bankruptcy.  Is your existing monthly income greater than the median income? If the answer is yes then you’ll need to file a chapter 13 bankruptcy. If your answer is no then you will need to file a chapter 7 bankruptcy.
• Your bankruptcy attorney in Mesa Arizona will give you a list of documents he or she will need in order to prepare your bankruptcy for filing. A few examples are:  paystubs, bank statements, credit report, tax returns, list of debts and creditors, list of personal property, list of monthly expenses etc.
• You will also need to complete a pre-filing consumer credit counseling class through a provider approved by the court. This class will need to be completed before you can file your bankruptcy.
• Once you have completed your pre-filing counseling class and your bankruptcy lawyer has reviewed all your financial documents, the lawyer can then file your bankruptcy.
• About 7-10 days after your bankruptcy has been filed, your court appointed bankruptcy trustee will send you a request for documentation. The trustee will probably ask for the same documents your attorney requested. For example, paystubs, bank statements, credit report, tax returns, list of debts and creditors, list of personal property, list of monthly expenses etc. You must provide the requested documents to the trustee by the deadline given. You can also contact your bankruptcy attorney if you need help with this step.
• Once your bankruptcy has been filed, the bankruptcy court will schedule a meeting of creditors hearing within 45-90 days. During the hearing, your court appointed bankruptcy trustee will interview you for about 10-15 minutes and ask you a few general questions. This is a mandatory hearing and you must bring current picture identification and your social security card. The meeting of creditors hearing also gives the creditors a chance to appear and ask you questions if needed. Your bankruptcy attorney should attend the meeting of creditors hearing with you.
• The next step is to complete the post-filing consumer credit counseling class. You will need to complete this class before you can get a discharge from your bankruptcy.
• The court allows the bankruptcy trustee and your creditors to file an objection within 60 days from the meeting of creditors hearing. Objections are rare but in some cases they do occur. If the trustee and/or creditors do not file an objection, the court will discharge your bankruptcy within 60-90 days of the meeting of creditors hearing.
• If you filed a chapter 13 bankruptcy, you would receive your bankruptcy discharge once you have finished repaying your debts. This process usually takes three to five years.

Additional Information About Mesa Arizona Bankruptcy

Bankruptcy court locations in Arizona:  http://www.azb.uscourts.gov/

Information about bankruptcy filing fees in Arizona:   http://www.azb.uscourts.gov/

List of credit counseling providers approved by the bankruptcy court:  http://www.justice.gov/

Please feel free to contact our Mesa Arizona bankruptcy lawyer with any additional questions or concerns you may have.

- Josanne L.

- Danielle and Jason R.

- Adam H.