Non-Attorney’s Preparing Bankruptcies for Arizona Clients

Section 110 of the United States Bankruptcy code provides that a non-attorney can assist in the preparation of the bankruptcy petition. The United States Trustees Office job is to enforce this code. Just Imagine, Congress has made a provision that allows anyone to create bankruptcies – even non-lawyers!

However, many cases of fraud and abuse have occurred because there is no training or organizational assistance available for anyone deciding that they will buck the hassles and become a bankruptcy petition preparer. Worse are the problems created for clients by unskilled preparers that ultimately can be trouble with the Trustee.

For Arizona bankruptcy filers throwing trust at a preparer, there are a bit more safeguards. Effective July 1, 2003, all individuals and businesses preparing legal documents without the supervision of an attorney in good standing with the State Bar of Arizona, must be certified pursuant to Rule 31, and Arizona Codes of Judicial Administration § 7-208 and § 7-201.

Preparers must attend the Legal Document Preparer Program which certifies non-attorney legal document preparers in Arizona who provide document preparation assistance and services to individuals and entities not represented by an attorney. Legal Document Preparers may provide general legal information but may not give legal advice.

Further, the Arizona Code of Judicial Administration §7-208 L (2)(a) requires all certified legal document preparers attend a minimum of ten hours of approved continuing education each year between May 1st and April 30th of the following year, for a total of no less than twenty hours of continuing education completed on or before April 30th of every odd numbered year.

Of course, there is no substitute for real legal advice from an experienced Arizona bankruptcy attorney. When filing for bankruptcy in Arizona, it is critical to seek guidance from an experienced and caring Arizona bankruptcy attorney who can guide you through the process and give personalized advice on your Arizona bankruptcy case.

The Crazy Thing’s Creditors Say To You

“It’s the way of the times”, a quote my associate uses far too much, “The way of the times”, so common, so true. As a call center customer service representative, it’s hard to make a connection with a client you can’t see, in any job you are not suppose to take anything too personally, there’s really no reason to think about the client after you set your disposition. I must admit plenty of times I couldn’t help, but feel pity for these people, not only are they dealing with the simple fact that they are filing for bankruptcy, or the financial hardships that brought them to us, but dealing with the consistent uncontrollable harassment from creditors, and the crazy things they say. We deal with the harassment of creditors as well, just a taste of the power they have over our clients, they are rude towards us, they feel as though they are entitled to whatever information they want. “It’s not enough they call all hours of the day and night, or that their short and cold, you can’t even understand these people, Mary? Or Tom?, with thick Indian accents, it’s like they are trained to say the worst things to a person. During the holidays they are terrible, “Maybe you should pay your bills instead of buying your children Christmas gifts”. The threats are insane, “If you miss another car payment, we will report your car as stole and you are going to go to jail”. When a client calls in you can usually tell what has pushed them over the edge, the creditors, they threaten to take their whole pay check, tell them outrageous things like, “you might as well pack your things, because you will be living in a alley in a deep freezer box, get excited”, of all the things I’ve heard it gets better, a gentleman got teeth implants, but fell behind on his payments half way through, he was getting harassing calls and letters from the dental company on a daily bases, a representative from the company told him, “ You might as well put your teeth in a box and mail them back to us”. To my surprise it doesn’t just stop or start with, the elderly and other adults, it gets worse. A few days ago a creditor herself called in, she wanted to know if it was illegal to contact underage debtors, I replied as in teenagers? She exclaimed younger, ten and fifteen year old children, how’s that possible I thought, as in the parents are putting electricity or cable bills in their children’s names? No, the debt acquired by the children themselves, medical labs, doctors visits, medications. Creditors are taking it to a whole other level, children! I think these people sit in a dark room in India, watching war videos of death and mass destruction for hours. They have these guidelines’, like you are required to come in on the wrong side of the bed, think of the worst things you can say to a person, and then increase it by ten thousand percent. Threaten these clients, homes, families, jobs and personal security. And, last but not least, do not end your call until you at least make someone cry, if they hang up, call them back, because honestly this is just the way of the times.

 

Creditors will say just about anything to get you to pay up.

Creditors will say just about anything to get you to pay up. Most of these creditors are 3rd party creditors who have invested money in your debt , pennies on the dollar. They’ll use scare tactics, such as threaten to send you to jail. This is not plausible, being in debt is not a crime. Some will go at lengths to try and reach family members , friends and even co-workers to try and shame you into a payment. Some will present themselves as lawyers or state they are calling from a law firm, but most of the time come back to being 3rd party agencies. They can also threaten to reposes a vehicle put a lien on a home or property. I have even heard of creditors being nasty and foul on the phone even personally threaten to come look for you. Creditors cannot go into your bank account and withdraw money without your approval or for that matter wipe out your savings. Last but not least they’ll threaten you with legal action, such as summons you to court to try and get a writ of garnishment. They can always go down this route but will more than likely chose every other option before this. You always have to understand your rights, if you feel a creditor is crossing the line with their collection tactics keep track of those calls, record conversations anything that you may feel can beneficial sometime down the road if ever a FDCPA claim needs to be made.

Cindy’s Monday Morning Creditor Call

It’s dark-thirty in the morning, I am already running behind, but can I get any cooperation from my three hellions on wheels? Unlikely. Not even. Four, seven and eight years old and I have got to get them to day-care by 6:00am and make it out of the parking lot by 6:07am or it is another write up for being late. Lord knows that I can not afford to lose this job. So, with youngest in tow, okay, dragged, and the weight of my purse on my other shoulder, I lurch helter-skelter towards the rest of my day. Amidst this morning chaos, my phone rings. It requires a feat of dexterity and other-worldly attributes to retrieve the phone, lost in the black hole that lives in my purse, and hold onto a squirming four year old tyrant, who recognizes my now more vulnerable state and begins screaming, “let me go, let me go”. Head cocked painfully to the side, holding phone in place, turning key to lock front door, tripping over my own feet, I am greeted by another not so cheerful voice on the other end of what now is can only be described as a vehicle of evil. I have negativity in stereo. Why in the hell did I answer my phone? A collector! Dammit! Isn’t there like some law against calling someone before the sun comes up? Well, big mistake Mr. Creditor. Tell me, why is it always Mr. This or Mrs. That? I am not in grade school. You can’t address me by my first name and then refuse to give yours. But, this is least of my worries this morning as me and Mr. Creditor play tit for tat while loading my kids into the car. “Arrested?!?” This yahoo says he has a warrant out for my arrest. I am informed that my license is going to be revoked and my employer notified. They will be picking me up shortly if I don’t make immediate arrangements to “amend my seriously delinquent account.” “Cyn-thi-a, (he says my name like it leaves a bad taste in his mouth) we must notify your employer that the authorities will be picking you up on a detainer warrant. You need to settle your account immediately.” “Uh, she moved to California” I blurt out and immediately hang- up the phone and toss it down. I proceed to give myself whiplash as I whip my head left to right, right to left now on an ever vigilant look-out for the “heat”. I drop my brood at the day-care signing them in, with one-eye on the television in the corner, waiting for America’s most wanted to break-in with my picture blasted across the screen. Thankfully, Blue’s Clues plays on interrupted. I quickly make my get away back to my vehicle a quick trot-step trying not to look suspicious. It is 6:07am and I am pulling out of the lot. Well, the universe isn’t completely conspiring against me.

THE CRAZY THINGS CREDITORS WILL SAY TO SCARE YOU

There are many things a creditor will say to try to “scare” you into paying any amount when a debt is owed. What many people don’t know is that a lot of the scare tactics used are false and empty threats. The following is a list of some of the things a creditor will tell you to collect on a debt.

 

“I am going to have you arrested if you don’t pay” You cannot be arrested/ go to jail for not paying a creditor.

“I’m going to garnish your wages” Although wage garnishment is a possibility, any crediting company must file a judgment against you through the courts in order to do so, This does not happen overnight and is a legal process that takes time.

“I am going to contact your family members to collect on the debt” The creditor can only discuss your situation with you. This is used often to embarrass you into making payment.

“Im going to contact your payroll department/coworkers/boss to discuss your debt” or “I am going to contact your family members to collect on the debt” Legally, A creditor is not allowed to discuss your debt or financial situation with anyone other than you.

“We are going to seize your bank account” Again any type of “seizing” of funds must be done through a legal process.

“We don’t work with settlement companies and you cannot file bankruptcy on this debt” All major creditors will work with a settlement company and you can include any dischargeable funds through bankruptcy. They want to scare you into working with them directly so they can get the most money out of it.

“If you file bankruptcy you will lose all of your belongings/ they will take everything you own”

It is best to speak with an attorney and only the attorney about how bankruptcy will affect your particular situation. In most cases you are able to keep your home and vehicle among other possessions through bankruptcy.

 

Creditors will say anything in order to get paid. When facing a debt collection agency it is best to be prepared and know what is true when speaking with a creditor.

THE CRAZY THINGS CREDITORS WILL SAY TO SCARE YOU

Times are rough right now and there is no denying that. At some point, everyone incurs debt but you still have rights. It’s important for you to note that this information is NOT legal advice.

Some of the most outlandish things that creditors will say is that if you don’t pay your debt, there will be a warrant out for your arrest and/or you will be arrested. Some creditors can be very vulgar as well using profanities, name calling etc. They will make up fake names for themselves, call under different company names, say they are calling from a different location then they are really located, etc. In a lot of cases these jobs are outsourced and they may even be in another country. They may also threaten to garnish your wages or draft your bank account.

You do not have to take the calls, you have the right to hang up on them, you do not have to deal with a collection agency, unless ordered to do so by a court. Collection agencies cannot go into your bank account or garnish your wages without your permission or a court order.

On top of everything they may call all hours of the day/night, multiple times, even at times they are not supposed to. A collection agency is not supposed to call you Mondays to Saturdays before 7 AM or after 9 PM or on certain holidays. A collection agent is not supposed to contact you more than three times per seven day week for the same creditor, once they have reached you. The key here is reaching you.

By law, a collection agent is not supposed to make what constitutes harassing telephone calls to you and/or your family. Keep a record of the dates, time, and how often they call you. If needed you can contact an FDCPA attorney to seek legal action and resolve.

The worst thing to do is let them stress you out even more, especially with everything else that you have going on. If you ever want to seek answers, get some good legal advice, etc contact an attorney as soon as possible. It is better to be proactive about your situation before anything drastic does happen. If you are being harassed by a creditor call an Arizona Bankruptcy Attorney today. We can help.

How Will Bankruptcy Affect my Spouse?

In Arizona, depending on the type of debt that you have, it is possible to file for bankruptcy as an individual even if you are married. You are not required to file with your spouse, although it is recommended that you speak to a knowledgeable bankruptcy attorney who can inform you of possible consequences and benefits to determine whether it is in your best interest to file separately, jointly, or not at all.

In Arizona, most assets that you or your spouse earned, as well as most debt that was acquired by either party is considered community property or community debt. Any debt or assets that are acquired before or after the marriage are not considered part of the community debt or community property. An Arizona bankruptcy attorney can help you determine what is legally considered community property or community debt in Arizona.

If you and your spouse have joint debts and you file on your own, your spouse’s credit rating may be affected. However, without joint debts, your spouse’s credit rating can remain unaffected by bankruptcy. Your bankruptcy will prevent you from co-signing on future financial obligations with your spouse for several years.

The spouse who isn’t filing does not have the protections that bankruptcy can offer; not only is there the possibility of losing community property, the spouse who doesn’t file may still be responsible to pay joint debts. Because things like a house or a car can be considered joint property, it can be required to be used to pay for community debt. Even if you file for bankruptcy without your spouse, they have the risk of losing such community property to pay for debt. Joint debt is debt that has been agreed by two or more individuals, and each party can be held responsible to pay 100% of the debt if another party refuses. This may not be a problem if your spouse’s credit is in good standing, however if they have acquired large amounts of debt, could create a problem.

It is possible to file for bankruptcy without the help of an Arizona bankruptcy lawyer; however it is in your best interest to consult an attorney to discuss the best financial options for you and your family. Contact a qualified Arizona bankruptcy attorney today for advice on handling your bankruptcy case.

Filing Bankruptcy as an Individual

In Arizona, depending on the type of debt that you have, it is possible to file for bankruptcy as an individual even if you are married. You are not required to file with your spouse, although it is recommended that you speak to a knowledgeable bankruptcy attorney who can inform you of possible consequences and benefits to determine whether it is in your best interest to file separately, jointly, or not at all.

In Arizona, most assets that you or your spouse earned, as well as most debt that was acquired by either party is considered community property or community debt. Any debt or assets that are acquired before or after the marriage are not considered part of the community debt or community property. An Arizona bankruptcy attorney can help you determine what is legally considered community property or community debt in Arizona.

If you and your spouse have joint debts and you file on your own, your spouse’s credit rating may be affected. However, without joint debts, your spouse’s credit rating can remain unaffected by bankruptcy. Your bankruptcy will prevent you from co-signing on future financial obligations with your spouse for several years.

The spouse who isn’t filing does not have the protections that bankruptcy can offer; not only is there the possibility of losing community property, the spouse who doesn’t file may still be responsible to pay joint debts. Because things like a house or a car can be considered joint property, it can be required to be used to pay for community debt. Even if you file for bankruptcy without your spouse, they have the risk of losing such community property to pay for debt. Joint debt is debt that has been agreed by two or more individuals, and each party can be held responsible to pay 100% of the debt if another party refuses. This may not be a problem if your spouse’s credit is in good standing, however if they have acquired large amounts of debt, could create a problem.

It is possible to file for bankruptcy without the help of an Arizona bankruptcy lawyer; however it is in your best interest to consult an attorney to discuss the best financial options for you and your family. Contact a Tuscon, Arizona bankruptcy lawyer today for advice on how to best handle your bankruptcy case.

Why Choose Us

Have you filed a bankruptcy by yourself or with another bankruptcy lawyer or bankruptcy attorney only to find yourself under the scrutiny of the U.S. Trustee for assets you transferred before you filed or assets that were not disclosed? Many attorneys are not experienced at bankruptcy challenges because bankruptcy is not their focus. They do personal injury or DUI and practice bankruptcy as a sideline. Bankruptcy is all we do. If your case has gotten too complex for your lawyer or if you have lost confidence in your attorney because the case has not been handled correctly, call our professional staff of attorneys. We will help you find a way to classify the problem assets to avoid preference payment categorization or insider transfer. If the process has already gone too far and there is no legal way to avoid penalty, we will help you minimize the damage. Hire someone who knows bankruptcy, because that’s all we do. We focus on you! Call us today for a free consultation! 602-GOT-DEBT

What should a debtor know about keeping car in Chapter 7

1. The debtor has to determine which state’s exemptions apply. Consult an attorney regarding this because this is VERY IMPORTANT. For example, in Arizona, a debtor can protect up to $5000 above what is owed on a vehicle ($10,000 if the debtor is disabled). So, if there is no lien on the vehicle and the vehicle is worth $5000 or less, then the debtor can keep their vehicle. If the vehicle is worth more than $5000 then the Trustee who oversees the file, could either sell the car and give the debtor their $5000 or the debtor could make arrangements to pay the difference of the sale value and the $5000 to the Trustee.

2. If the vehicle has lien and the debtor wants to keep the vehicle the same rules apply as to value. If the value of the vehicle is equal to or less than the lien plus $5000 then the debtor can keep their vehicle. If the value of the vehicle is more than the lien plus $5000 then the debtor would be in the same situation as described in 1. above.

3. Another thing to remember is that sometimes, after filing bankruptcy, a finance company will renegotiate a better “deal”. It doesn’t always happen, but it is worth asking.

4. Once a debtor decides to keep a vehicle with a lien, then the debtor needs to decide if they want to “reaffirm” or renew the debt obligation with the finance company. If they decide to “reaffirm” then the debtor will not be able to avoid any future debt responsibility for the vehicle loan. This could defeat the purpose of filing the bankruptcy because now a debt that could have been eliminated is not. An option that many debtors take is to do what is called “pay as you go”. Some finance companies will allow a debtor to continue to pay on the car without reaffirming or renewing the debt. In that case, if the debtor is unable to pay in the future, they can give the vehicle back and have no debt to pay even if the loan was not paid off. That is because the debt was not “reaffirmed”.

5. Finally, by doing a “pay as you go” one thing to know is that the loan company will not report either payments or non-payments to the credit reporting agencies. And, if you miss a payment or more, the loan company will not be able to contact you unless you give them authority to do so. This is because the bankruptcy law prohibits the loan company, as a creditor, from contacting a debtor who has discharged a debt. And, because the loan on the vehicle was “technically” discharged, the loan company will not contact the debtor who does a “pay as you go” unless the debtor gives authority for the loan company to do so.