Arizona Bankruptcy Legal Questions

To answer your question, the bank will only repossess the vehicle if the loan on the vehicle is not being paid. The simple fact that the primary individual on the vehicle loan is filing chapter 7 bankruptcy does not automatically mean the lender will attempt to repossess the vehicle. The vehicle will only be repossessed if the normal monthly payments are not paid. But the more important question is, will the secondary on the loan be responsible for any deficiency if the vehicle is repossessed and will affect their credit report. The answer is yes then secondary on the loan will be responsible for any deficiency and the repossession and nonpayment of any monthly payments on the car loan will be reflected on their credit report. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More

Neither of you will be able to file for chapter 7 bankruptcy until October 2016, which is eight years after your previous chapter 7 bankruptcy filing. If he were to file a chapter 13 bankruptcy you would be able to do it now, as for years have passed since your chapter 7 bankruptcy discharge. The fact that you file together and are now choosing to file separately has no bearing on the years the need to pass before you may receive another chapter 7 bankruptcy discharge. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More

You don't say whether this property was your homestead. If so, Arizona does not allow a lien to be put on a homestead property. If this was not your homestead, then a creditor can record a lien. If this debt was included in the your bankruptcy it is discharged as to your personal liability, but may still be a lien on non-exempt property.... Read More

If you are still hospitalized are you assigned a social worker? He/she should be able to assist you to see what benefits you might be entitled to. There are a host of factors that could impact the answer such as other resources, whether you were employed, whether your husband was employed, any benefits available to either of you or AHCCCS, Social Security. Depending upon how significant the bills and your prognosis going forward are you may want to speak to a debt counselor as well.... Read More

If this was a no-asset chapter 7 case (the Trustee did not disburse any assets in your case) and the debts were owed prior to you filng the bankruptcy case, then they were discharged and are prohibited from trying to collect regardless of whether they bought the loan from the original creditor or not. 11 U.S.C. 524 prohibits any collection attempts on a discharged debt, and violation can result in contempt of court sanctions against them. You need to have your attorney write a strong letter and if that doesn't work, you need to reopen your bankruptcy case and prosecute these creditors for contempt of court.  ... Read More

It is very unusual for a creditor to attend the 341a meeting.  What do you hope to accomplish there?  At best you will be allowed to ask the debtor(s) a few questions. It's not clear from your facts what you are trying to accomplish or what your concern is.  You also didn't state which bankruptcy chapter was filed, which definitely affects things.  Are you concerned about the bankruptcy trustee selling the property?  If so, why? What is the property worth now?  Do you think it's worth less than what you are owed?  If not, why do you care if it is sold?  You will get paid in full either way. If you don't think the Trustee is selling the property then you have a right to foreclose pursuant to your Note and Deed of Trust (subject to the laws of whatever state the property is in).  ... Read More

All debts must be "included" in any bankruptcy case.  Student loan debts, however, are not dischargeable unless you prove, after a trial, that repaying the loans would be an "undue hardship" as that term is defined by the courts in your jurisdiction.    It is a very difficult threshhold to meet.... Read More

Yes, the plaintiff's attorney has a duty to make a reasonable inquiry into the validity of the allegations and can be sanctioned for presenting a claim (adversary) that isn't valid. Bankruptcy Rule 9011 requires that ANY papers submitted to the court constitute a certification that, to the best of the person's knowledge, after a reasonable inquiry, that the allegations and factual contentions made have evidentiary support.    On top of that, if the adversary is brought under section 523(a)(2) of the bankruptcy code (alleging the money/loan was obtained through fraud) and the plaintiff loses, then the defendant/debtor can recover attorney's fees and costs in defending the action from the plaintiff. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

Arizona is a community property state, so most likely any debts incurred during the marriage, and any assets purchased during the marriage, belong to both of you as long as you're married.  It has nothing to do with whose name things are in. Aside from that, you have Schedules "I" and "J" (income and expense) and the Means Test in which you are required to include your wife's income, regardless of which state you filed in.  If you intentionally failed to include that you have committed fraud which is punishable by jail time and loss of your discharge (these cases are investigated and prosecuted by the US Dept. of Justice and F.B.I.) So, in short, yes you should amend your bankruptcy papers so they are correct.  And you should hire a qualified bankruptcy attorney yesterday to help you do that and fix other errors because the mere fact that you're asking this question is an indication that many other potential problems exist. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. ... Read More

That depends on which chapter of bankruptcy you file, and when you become entitled to receive the inheritance. If that party leaving you the money in their will dies within 180 days after your bankruptcy case is filed, then the inheritance is considered property of your bankruptcy estate and, to the extent you do not have exemptions to protect it, you could lose it in a Chapter 7 case.  In a Chapter 13 or Chapter 11 case, you would have to pay out at least the amount of the non-exempt portion of the inheritance to your creditors through your plan. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.  Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

You should not let your case be dismissed. Refiling a case within a year has many different requirements and can give your creditors additional rights against you. You should find a different lawyer to take over your case IF you cannot work things out with your present lawyer. You can go to court and ask the judge for time to work things out with your lawyer or get a new lawyer. It is very important that you go to court and let the judge and the chapter 13 trustee know the problems that have encountered. I hope this works out well for you and you present chapter 13 case is approved by the court.... Read More

You can always retain another attorney, pursuant to your retention agreement with your current attorney. I cannot comment on the proposed payment. I will say that when an attorney proposes a payment plan, the Trustee will often ask for more. Just so you know, 60 months is the maximum time you can be in a 13, so that would be your lowest payment per month (assuming your attorney is right about how much you need to pay). Are you trying to get caught up on a mortgage?... Read More

You can immediately file another Chapter 13 bankruptcy after the previous one was dismissed but it is very unlikely that your plan payment increased because of your attorney. It is more likely that your plan payment increased because your financial records showed that you had more money in your budget available to pay debt than you thought.... Read More