BANKRUPTCY ATTORNEY PHOENIX 2017 ULTIMATE CONSUMER BANKRUPTCY GUIDE FOR FILING FOR BANKRUPTCY IN PHOENIX, ARIZONA
This extremely detailed and comprehensive guide has been written by an experienced Bankruptcy Attorney Phoenix to help the people of Arizona struggling with debt problems.
The guide is intended to help answer your real questions about bankruptcy, debunk the myths about it, inform you how the bankruptcy process actually works in great detail.
Only then can you decide if filing for bankruptcy is something that will help you get a fresh start, restore peace and prosperity in your life and help you move forward in all aspects of your life.
The remainder of this page will tell you in detail:
How to know how to hire the right Bankruptcy Attorney Phoenix, and
How much it generally costs to file for bankruptcy in Phoenix, Arizona.
We strongly encourage you to download the Complete 2017 Phoenix Bankruptcy Guide to get all of the detailed information on bankruptcy and how it really works so you can get the answers you need to determine whether filing for bankruptcy in Phoenix would help you get debt free.
THE TOUGH DECISION TO FILE BANKRUPTCY
The decision to file bankruptcy is never an easy one. It is a decision filled with powerful emotions about whether filing for bankruptcy means you are a failure. But the thing you must not forget when facing this tough decision is that:
tough times never last but tough people do
The most important thing is to get the best advice possible from an experienced Bankruptcy Attorney Phoenix so that you know the truth about bankruptcy and whether it is the best thing for you to do to solve your debt problems and live a normal life going forward.
THERE ARE MANY BANKRUPTCY MYTHS
There are many myths about bankruptcy and most people don’t know the truth about bankruptcy.
- Why we have a bankruptcy law,
- How it works,
- Who it is intended to help and protect
These are all important things you must understand if you are considering filing for bankruptcy in Phoenix, Arizona.
SOME OF THE MOST COMMON MYTHS ABOUT BANKRUPTCY
YOU LOSE EVERYTHING YOU OWN
IT RUINS YOUR CREDIT
YOU CAN NEVER FINANCE A HOUSE AGAIN
YOU CAN NEVER FINANCE A CAR AGAIN
All of these particular myths are 100% FALSE!
This is why speaking to and hiring an experienced and maybe more importantly, a compassionate Bankruptcy Attorney Phoenix is the first step in learning the truth when it comes to bankruptcy.
Without knowing the truth about the above myths and others you may have heard about bankruptcy, you will never know if it is the best thing for you to to do to resolve your debt problems and get a fresh start.
THE MOST IMPORTANT THING TO KNOW ABOUT PHOENIX BANKRUPTCY
The first and maybe the most important thing to know and understand in making the decision to file for bankruptcy in Phoenix is to know that:
Nobody ever wants to file for bankruptcy. Nobody ever woke up one day and said to themselves “I really can’t wait to file bankruptcy today…”
You file for bankruptcy when you have tried to avoid filing for bankruptcy in Phoenix but the crushing weight of your debts you owe are preventing you from living a normal life.
THE “BANKRUPTCY IS A FREE RIDE” MYTH
One common myth that any Bankruptcy Attorney Phoenix will immediately dispel for you is the commonly held belief by some that people who file for bankruptcy in Phoenix just don’t want to pay their debts.
Certain people actually believe that bankruptcy is just a way to get out of paying what you owe. This is far from the truth in the many clients we have represented in Phoenix bankruptcy cases.
These people say things like:
You promised to pay your debts so you should pay them
If you couldn’t pay your debts, you should not have borrowed the money
People who file bankruptcy hurt the economy because the rest of us pay more
You legally owe the money so you have a duty to pay it back
I have to pay my debts, why shouldn’t you pay yours
THE TRUTH ABOUT WHY PEOPLE FILE BANKRUPTCY
The truth about bankruptcy is that:
There is a HUGE difference between a person’s Willingness to pay their debts and their Ability to pay their debts.
The truth is that by the time someone resorts to the protection and relief provided by the U.S. bankruptcy law, they have tried everything in their power to overcome the event that has caused the dramatic change in their circumstances that has caused them to lose their financial footing.
In fact, most people who file for bankruptcy in Phoenix had plenty of income to pay whatever debts they incurred at the time they incurred them but in almost all cases, something happened to them that they did not expect.
In other words…LIFE HAPPENED!
A DRASTIC LIFE EVENT THAT CHANGED FINANCIAL CIRCUMSTANCES IS WHAT CAUSES BANKRUPTCY
Almost all people who file for bankruptcy do so because they have had a drastic change of circumstances in their life that has caused their finances to spiral out of control.
Any Bankruptcy Attorney Phoenix will tell you that the people they represent in bankruptcy cases had something terrible happen in their lives that changed everything and despite their best efforts, they cannot turn it around quickly enough to avoid losing their homes, cars or suffer wage garnishments that make it impossible to survive and bounce back.
The most common reasons people in Phoenix file for bankruptcy include:
Uninsured Medical Expenses (#1)
Sudden Job Loss
Helping Their Adult or Teenage Children with a Problem
Helping Their Elderly Parents
Underemployment or a Big Drop in Income After a Job Loss
Business or Investment Failures
Any experienced Bankruptcy Attorney Phoenix will tell you that people who file for bankruptcy in Phoenix tried everything they could to get back on their feet and pay their debts. Usually, people live in shame and guilt trying desperately to avoid a bankruptcy filing.
That is why several million people a year file for bankruptcy protection…not to get out of paying their debts, but to get relief from debts once they have tried every way possible to pay their debts. Sometimes, they can repay all or a portion of their debts and sometimes they are entitled to a quicker fresh start.
PHOENIX BANKRUPTCY IS PROTECTION AND A FRESH START FOR HONEST PEOPLE IN PHOENIX
Any good Bankruptcy Attorney Phoenix will tell you that they are grateful that the federal bankruptcy law exists because sometimes it is the only solution they have when life has become overwhelming and they need the fresh start bankruptcy law has to offer.
The bankruptcy law itself actually contains the words “fresh start” for a reason.
The federal bankruptcy law is intended to help honest people who find themselves under the weight of crushing debt a path to being debt free, getting a fresh start and being able to enjoy a productive and joyful life going after a bankruptcy discharge.
The provision for the establishment of uniform bankruptcy laws has been provided for in the United States Constitution from day one. From the existence of Debtor Prisons to a Voluntary Filing and Discharge of Debt system, we have always had bankruptcy.
The Founding Fathers understood that in a capitalistic society, a safety valve was needed to deal with unfortunate financial outcomes.
In fact, 5 U.S. Presidents have filed for bankruptcy (Thomas Jefferson, Abraham Lincoln, Ulysses Grant, Harry Truman & Donald Trump).
Also, many successful business owners, like Walt Disney, filed for bankruptcy and after shedding debts from failed business attempts, went on to make huge contributions to the country and to the economy of the United States.
HOW TO HIRE THE BANKRUPTCY ATTORNEY PHOENIX THAT IS RIGHT FOR YOU
The best way to find out if bankruptcy can help you and how your specific situation would play out in a bankruptcy case is to consult with and hire a Bankruptcy Attorney Phoenix who is experienced in handling bankruptcy cases in Phoenix, Arizona.
So how do you know which Phoenix Bankruptcy Lawyer to hire?
When trying to decide which Bankruptcy Attorney Phoenix to hire to help you, you need to ask yourself these two important questions above all else:
Is this Bankruptcy Attorney Phoenix knowledgeable and experienced about the bankruptcy law?
Are they someone you feel comfortable talking with and you get the sense they really care about you?
Most of us can usually tell within about five or ten minutes of talking with someone whether they know what they are talking about. We can also tell within about five or ten minutes whether we feel comfortable with that person and whether they have a good heart and are compassionate toward others and more importantly about helping you solve your legal problem.
You should apply this same standard when you meet with a Bankruptcy Attorney Phoenix and you will hire the right Phoenix Bankruptcy Lawyer to advise you in your bankruptcy case. Knowledge and personal comfort and trust are the biggest factors you must consider and focus on.
That being said, when you meet with a Phoenix Bankruptcy Attorney, the conversation should always begin with determining whether bankruptcy can even help you in your current situation, what type of bankruptcy case you should file and whether you qualify for bankruptcy relief.
FILING BANKRUPTCY ON YOUR OWN WITHOUT A BANKRUPTCY ATTORNEY PHOENIX
Do you really need a lawyer for filing a bankruptcy case? While all individuals have a right to represent themselves in bankruptcy, like in any other type of legal case, it does not mean they should.
Bankruptcy is a complex area of the law that involves many things to consider, including whether to file at all, what chapter to file under, and what exemptions to claim to keep assets you are entitled to keep.
This video from the U.S. Bankruptcy Court explains that while you could file for bankruptcy without a Bankruptcy Attorney Phoenix, you would probably not be wise to do so.
So do not make the mistake of thinking that you can file bankruptcy without the help of a good and experienced Bankruptcy Attorney Phoenix. At a glance, bankruptcy looks “basic” to many but the truth is that is a highly technical and complicated area of the law and the Court wants you to be represented, not only for your sake but to make the administration of your case easier for the Court.
THE COST OF HIRING A PHOENIX BANKRUPTCY LAWYER
It costs more to fix a wrongly prepared bankruptcy case than it does to hire the right Bankruptcy Attorney Phoenix to prepare the case the right way and represent you throughout the process.
Pure and simple, hire the best Phoenix Bankruptcy Lawyer and you will not have to worry about things going wrong. The old saying “Well Begun is Half Done” could not be more true in a bankruptcy case.
Not hiring a good Bankruptcy Attorney Phoenix would likely mean complications and potential disaster to you that you could not even imagine and haven’t you already been through enough stress by the time you make the decision to file for bankruptcy.
CAN FILING FOR BANKRUPTCY IN PHOENIX HELP ME?
When you meet with any Bankruptcy Attorney Phoenix the answer should be based upon a number of factors; including,
- The type of debts you have,
- The amount of debts,
- When they were incurred,
- The assets you currently own,
- Your income,
- Whether you have transferred assets or other conduct that can impact a bankruptcy case.
So what exactly is bankruptcy and what happens in a bankruptcy case?
Bankruptcy is a legal proceeding that provides debt relief for individuals who can no longer pay all of their debts.
If you are considering bankruptcy, this video from the U.S. Bankruptcy Court will give you some basic information about the bankruptcy process and the relief it can offer.
WHAT TYPE OF BANKRUPTCY SHOULD I FILE WITH MY BANKRUPTCY ATTORNEY PHOENIX
An experienced Bankruptcy Attorney Phoenix can properly advise you on which chapter of the bankruptcy law would most help you achieve the outcome you desire based on your individual situation. Putting whether you qualify for a Chapter 7 under the means test aside for the moment, you need to know about why people typically file bankruptcy in Phoenix under Chapter 7 or Chapter 13 of the bankruptcy law.
Only then can you identify which scenario is more closely related to yours and with the help of your Bankruptcy Attorney Phoenix, decide the best course of action and the proper chapter of bankruptcy to file under if you are filing a bankruptcy case in Phoenix, Arizona.
Watch this video by the U.S. Bankruptcy Court for a brief overview of the main types of bankruptcy cases filed by individuals: chapters 7, 11, and 13.
The most common types of bankruptcy are chapter 7, which are liquidating bankruptcy and chapter 13 cases, often used by individuals who want to catch up on past due mortgage or car loan payments and keep their assets.
CHAPTER 7 BANKRUPTCY
Chapter 7 bankruptcy is what most people think of when they think of bankruptcy. It is called liquidation because when you file a Chapter 7 case in Phoenix, a Chapter 7 Bankruptcy Trustee is appointed to your case and that Chapter 7 Trustee has one job: to recover assets they can sell (liquidate) to pay your creditors. Of course they get a percentage of any assets they liquidate so they have an incentive to recover and liquidate anything the bankruptcy law under Chapter 7 allows them to liquidate.
Chapter 7 is most often filed by people who are overwhelmed by “unsecured” debts. These are debts you owe where there is no collateral for the debt. This type of debt usually consists of credit card debts, medical bills, signature loans, but could also include deficiency amounts or judgments resulting from the surrender or repossession of debts that were “secured” debts, like cars and real estate. Your Bankruptcy Lawyer in AZ can tell you what other debts fall into this category.
The advantage of a Chapter 7 bankruptcy case is that it is short, typically only open for 3 or 4 months after the filing of the case. If there a no assets for the Trustee to liquidate and distribute, you would get your Bankruptcy Discharge and the case would close shortly thereafter.
So if you are under a certain level of income under the means test, everything you own is exempt and protected and you are current on your home mortgage and car loans, Chapter 7 can help you discharge the debts you have and you can get your fresh start much faster than under Chapter 13. Your Bankruptcy Attorney Phoenix will explain this in more details based on your specific situation.
CHAPTER 13 BANKRUPTCY
A Chapter 13 bankruptcy case is basically a court supervised repayment plan where you make a monthly payment to a Chapter 13 Bankruptcy Trustee for 3 to 5 years. Many of the same rules apply that apply in a Chapter 7 bankruptcy case but there is no liquidation. Instead, you pay on your debts over time either because you are behind on a secured debt and want to catch up on those payments or you have excess disposable income under the means test and can afford to pay part of your unsecured debts.
Your Bankruptcy Lawyer in AZ will advise you to never understate your expenses and allow for emergencies when doing your Chapter 13 budget.
Many people file Chapter 13 bankruptcy to solve mortgage problems. It allows you to cure a mortgage default and catch up on past due mortgage payments so that you can keep your home. If you only have enough income to cover your living expenses and cure the mortgage default, you usually do not have to pay on your other unsecured debts. However, whatever income you have above what is needed to live and cover the secured loans in your plan, you have to pay that into the plan as well to go to your unsecured creditors, so again, budget wisely.
The other reason people in Phoenix file for Chapter 13 bankruptcy is because they make too much income to qualify for a Chapter 7 bankruptcy and they are still better off paying creditors a percentage on the dollar of the debts they owe so that eventually they receive a discharge in bankruptcy. A smart Bankruptcy Attorney Phoenix will tell you that it is better to pay pennies on the dollar and receive the credit healing power of the Discharge than not just because you don’t qualify for a Chapter 7 bankruptcy.
Chapter 13 bankruptcy cases are also used to catch up on tax debts, child support obligations and sometimes student loans. The best and most experienced Bankruptcy Attorney Phoenix will guide you through these important issues in a Chapter 13 bankruptcy, as there are special rules that apply.
WHAT CAN I EXPECT TO HAPPEN IN MY PHOENIX BANKRUPTCY CASE?
The answer to this question starts with a very simple question:
How honest were you with your Bankruptcy Attorney Phoenix?
The more your Bankruptcy Lawyer in AZ knows, the better they can advise you. If you hide things, it’s impossible for them to work around issues that may complicate your case. When in doubt, over-disclose everything to your Bankruptcy Attorney Phoenix. The more they know and the better you can honestly discuss the facts, the better they can advise you on the complications and strategy needed in your Phoenix bankruptcy case.
DOWNLOAD OUR 2017 COMPLETE PHOENIX BANKRUPTCY GUIDE FOR DETAILED PROCEDURE OF HOW A BANKRUPTCY CASE WORKS, TIMELINES, PITFALLS AND OTHER IMPORTANT INFORMATION YOU NEED TO UNDERSTAND
BANKRUPTCY IS DEBT RELIEF AND PROTECTION FOR HONEST PEOPLE IN PHOENIX, ARIZONA
Despite the best efforts of big banks and their lobbyists, the United States Bankruptcy law is alive and well in Phoenix, Arizona and a good Bankruptcy Attorney Phoenix can help you get debt free and solve your debt problems. The bankruptcy law can help residents of Arizona who are overwhelmed by debt, facing foreclosure on their home or other financial issues and hardships.
With the help of a seasoned FLACMA Bankruptcy Attorney Phoenix to guide you through the process, it may be the best thing you ever do that you probably never wanted to do.
Bankruptcy is a beginning, not an ending.
The best Bankruptcy Lawyer in AZ will tell you that the Fresh Start offered by the bankruptcy law may help you move past bad events in your life so that you can live your life in relative peace financial freedom and be a contributing member of the Phoenix, Arizona community.
We hope you found this Bankruptcy Attorney Phoenix 2017 Guide to Bankruptcy helpful. Please contact your FLACMA Bankruptcy Attorney Phoenix today so you can get personalized and specific advice on your debts and find peace and prosperity through bankruptcy.
For more information on how much it costs to file for bankruptcy in Phoenix, Arizona, click the link below for our detailed blog article on this subject. It discusses the range of typical attorneys fees for both Chapter 7 bankruptcy and Chapter 13 bankruptcy. Remember that in addition to attorneys fees, there are always court filing fees, credit counseling costs and credit report costs.
For complete information you need on how bankruptcy works and how to determine if bankruptcy will help you solve your debt problem, download our comprehensive guide below:
LEARN MORE ABOUT BANKRUPTCY AT:
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FLACMA may collect statistics about the behavior of visitors to its websites. FLACMA may display this information publicly or provide it to others. However, FLACMA does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
FLACMA discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on FLACMA's behalf or to provide services available at FLACMA's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using FLACMA's websites, you consent to the transfer of such information to them. FLACMA will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, FLACMA discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when FLACMA believes in good faith that disclosure is reasonably necessary to protect the property or rights of FLACMA, third parties or the public at large. If you are a registered user of an FLACMA website and have supplied your email address, FLACMA may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with FLACMA and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. FLACMA takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If FLACMA, or substantially all of its assets, were acquired, or in the unlikely event that FLACMA goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of FLACMA may continue to use your personal information as set forth in this policy.