Arizona Bankruptcy Legal Questions

I must be missing something here. Your attorney had no choice about whether or not to include your mortgage in your chapter 7. When you file bankruptcy, you must list all of your debts and all of your assets. (Your mortgage is a debt and your home is an asset.) Keeping your home is a separate issue. Your attorney should have discussed the pro's and con's of filing a reaffirmation agreement with the mortgage company. I would need more information to comment any further on how likely it was that you would be able to keep your home. Normally, if you are current on your payments, simply continuing to pay on time will enable you to remain in the home. As far as the credit report is concerned, I would be willing to bet the bank that it wasn't your attorney who reporting the bankruptcy to the credit bureau.... Read More

It is always possible to obtain new counsel any time you are dissatisfied with the service you are receiving. There may be penalties applied depending on the terms of your retainer agreement. I cannot comment on the "legitimacy" of the issues you mentioned as too many facts are missing. Normally, when you are paying off a vehicle within the plan, the cost of the vehicle does not go up. What happens is, after the vehicle is paid off, the payment that used to go to the vehicle now goes to the unsecured. The trustee wants all of your disposable income paid into the plan. This includes your car payment funds once the car is paid off. It is common to use the 341 hearing in a 13 to iron out any issues with the plan prior to confirmation.... Read More

No. You need to take care of your situation quickly before your wages and/or bank accounts are garnished. Consider talking to a good bankruptcy attorney. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.... Read More