Low Cost Phoenix Bankruptcy Lawyers
One of the most important things that you should look for in a bankruptcy attorney is experience. Our bankruptcy lawyers have been handling bankruptcy cases in Maricopa County for more than a decade. We offer help and guidance for individuals and small business owners who are struggling with their finances. To learn more, your first step is to contact My AZ Lawyers to discuss your situation with a Phoenix bankruptcy lawyer.
We strive to provide the best legal representation for a Chapter 7 or Chapter 13 bankruptcy in Phoenix. You will have a licensed attorney working on every step of your case. This will give you the sense of security that your petition has been completed and filed correctly. Rest assured knowing your case is in good hands. You will enjoy full protection from your creditors while waiting for your case to be discharged. Then, you can move forward with a clean financial slate.
Phoenix Bankruptcy Attorneys For Your Debt Relief Needs
Declaring bankruptcy isn’t the financial death sentence it used to be. Instead, it provides you with the potential to rebuild a new positive credit history. While you will need to wait two years after filing to qualify for most home loans, you will have several other opportunities to open new lines of credit and start a new credit history. Our attorneys will guide you through options like opening credit cards, financing a new vehicle, and more, to help you with your fresh start.
We don’t just offer comprehensive guidance and legal representation- we also offer payment plans meant to work with your budget. Many of our clients find paying for bankruptcy fees up front difficult. That’s why we have chosen to offer payment plans that can be paid AFTER filing. That means your case can be filed for as little as $0 down. Schedule your free consultation with one of our bankruptcy attorneys to see if you qualify.
Emergency Filing with our Phoenix Bankruptcy Lawyers
What is a Skeleton or Emergency Bankruptcy Filing?
If you need to file bankruptcy on short notice, that is when you may want to use a skeleton bankruptcy petition, also known as an emergency petition. This type of petition only requires income information, as well as other basic contact information. This is opposed to the tax returns, divorce documents, vehicle registrations, account statements, etc. necessary for a standard bankruptcy petition. You will have two weeks to complete the rest of your bankruptcy petition after filing a Skeleton bankruptcy.
What Types of Situations Call for an Emergency Bankruptcy?
Everyone’s circumstances are different, but can share in common that an emergency bankruptcy is necessary. Filing emergency bankruptcy triggers the automatic stay, which can assist in several situations. If you are facing a wage garnishment or bank levy, your creditors cannot proceed once the automatic stay is in place. An emergency bankruptcy filing will also stop a vehicle repossession or home foreclosure. It can even stop utility shut-offs and evictions at certain phases.
Same Day Bankruptcy Filings in Phoenix, Arizona
When you’re in an emergency situation, you probably don’t have time to gather all the necessary documents and draft your bankruptcy petition. Many of our clients come to us days before a garnishment is set to begin, or while the repo man is knocking on their doors. For many, we are able to get their Emergency Bankruptcy petitions filed the same day. This activates the automatic stay and stops all creditor collection efforts.
Thousands of Bankruptcies in Maricopa County Successfully Discharged
There are some things about bankruptcy that you can only learn with experience. Trustees’ preferences, creditors’ likely actions, local court procedures, and more only come with years of successful bankruptcy practice. That’s why you should file your case with an attorney who has a lengthy specialization in bankruptcy in Phoenix, Arizona.
The Automatic Stay stops several types of creditor collection efforts, such as:
The Automatic Stay goes into place the moment your bankruptcy petition is filed. This protection may be crucial, which is why we offer $0 down payment plan options as well as emergency filings. This can allow you to eliminate debt and move forward towards a better financial future.
PHOENIX BANKRUPTCY FAQ’S
ANSWER: To declare bankruptcy, you must submit a bankruptcy petition with the court. That petition will also need to include a creditor mailing matrix, or a list of all your creditors and their mailing addresses, so that they can be notified of your bankruptcy filing.
To discharge your debts in bankruptcy, you must complete two credit counseling courses. These courses are taken online. The first must be completed before you file your petition, and you must include your course completion certificate in your filing. The second course must be taken within 60 days of your 341 Meeting of Creditors, which is a hearing that is mandatory for both chapters of bankruptcy. You will also need to comply with any additional requests from your bankruptcy trustee. There may be other requirements, depending on the chapter you file.
Chapter 7 bankruptcy is a debt liquidation, while Chapter 13 is a reorganization payment plan. That means you will pay nothing back in a Chapter 7, but will make payments for 3-5 years in a Chapter 13. However, Chapter 13 offers several benefits that are unique from Chapter 7. It provides a better opportunity to catch up on payments for collateral assets and nondischargeable debts, as well as discharging secondary mortgages and other debts. Chapter 7 has strict income limits and asset exemptions that don’t apply in Chapter 13, which leaves Chapter 13 as some debtors’ only option. To learn more about which chapters you qualify for, and how they can benefit you, contact our firm for your free consultation.
There are an infinite number of reasons that you may be struggling with debt. Some of the most common causes of bankruptcy are medical emergencies, divorce, and job loss. Chapter 7 bankruptcy can also be useful in addressing a wage garnishment, bank levy, or lawsuit. Several of our clients also take advantage of the opportunity to surrender a financed vehicle through bankruptcy and finance a new vehicle at a better rate shortly after filing.
Filing bankruptcy protects you from your creditors due to the automatic stay. When the automatic stay is in effect, your creditors must cease all collection efforts. This includes home foreclosure, repossession, wage garnishment, and more. The automatic stay, in most cases, lasts until discharge or dismissal. That means the protections will last approximately 4-6 months in a Chapter 7 bankruptcy, and 3-5 years in a Chapter 13 bankruptcy. If the debt associated with a garnishment or other collection is discharged in the bankruptcy, the creditor will have no standing to proceed once the case is completed. However, garnishments for non-dischargeable debts like child support and student loans will continue.
Most bankruptcy attorneys require that you pay your balance in full before your case can be filed. If your wages are being garnished, or you are juggling debts from several sources, this can be highly difficult, if not impossible. That’s why we decided to offer a Zero Down bankruptcy payment program.
This is possible through a process known as bifurcation. Your attorney will first file a skeleton petition on your behalf. All debts up to this point are discharged. Your attorney will charge for completing the rest of your petition, attending your 341 Meeting of Creditors, and all of the other requirements for your bankruptcy. Your attorney can finance this in a post-filing payment plan because debts can begin accruing again once the skeleton petition can be filed.
Look out for attorneys who claim to offer Zero Down bankruptcy, but require your filing fees and other fees before filing your petition. The current Chapter 7 filing fee is $338, which could reasonably be a barrier to your filing.
If you need to file bankruptcy quickly, an emergency bankruptcy, also known as a skeleton bankruptcy, may serve you well. When you file this type of petition, you will activate automatic stay with far less information than is needed on a standard petition. You will then have 2 weeks to file the rest of your bankruptcy petition.
There are several emergency situations that can be remedied, temporarily or permanently, by bankruptcy. Most wage garnishments and bank levies will stop after a bankruptcy filing. Vehicle repossessions (as well as other assets) and home foreclosures will also stop due to the automatic stay. You can also stop utility shutoffs and evictions at certain phases with the automatic stay. The emergency filing allows you to quickly take advantage of the automatic stay while you prepare the rest of your bankruptcy petition.
You have the right to represent yourself in a bankruptcy, if you wish to do so. However, it is rarely recommended to file bankruptcy pro se. A bankruptcy attorney will make sure that you are filing under the correct chapter, and that your petition is completed fully and accurately. Your attorney will make sure that all of your creditors are on the mailing matrix and that all of the exemptions are properly applied to your assets. Failure to complete all of these steps correctly could result in extra fees, your assets being seized, or even case dismissal. For most debtors, it is easier to file the case correctly the first time with guidance and representation from an experienced attorney.
If you discharge your medical debts in bankruptcy, you do run the risk of these doctors discontinuing treating you. You will not be able to hand select which debts are and aren’t included in your bankruptcy. In a Chapter 13 bankruptcy, your doctors may receive partial or full repayment. In a Chapter 7 bankruptcy, they will receive nothing. You can independently agree to pay the debts after they have been discharged in order to convince your doctor to resume treatment. An emergency room may never turn you away due to a bankruptcy filing.
You will only potentially lose your tax refund the year after your bankruptcy filing in Phoenix. The amount you stand to lose will depend on the month in which you file your bankruptcy. If you expect a significant tax refund the year you are filing bankruptcy, it is essential that you discuss this issue with your bankruptcy attorney.
If you discharge co-signed loans in a Chapter 7 bankruptcy, your co-signers will be held liable for them. In these circumstances, you may want to consider filing Chapter 13 bankruptcy instead. Because your creditors receive payments in a Chapter 13, they will not pursue your co-signers when you declare this chapter of bankruptcy.
Consecutive Chapter 7 bankruptcies must be filed 8 years apart, although the waiting period is reduced to 4 years if your second bankruptcy is a Chapter 13. If your first bankruptcy is a Chapter 13, you will need to wait 2 years to file another Chapter 13, or 6 years to file a Chapter 7.
If you file Chapter 7 bankruptcy in Arizona, the exemption limit for your motor vehicle is $6,000. This means your paid in full vehicle can be worth up to $6,000, or your financed vehicle can have up to $6,000 equity. If you are married, the exemption increases to either 2 vehicles with $6,000 each, or one vehicle with $12,000.
When you file Chapter 13 bankruptcy, you don’t need to worry about your vehicle’s equity and exemption limits. It does provide a path to catch up if you are behind on your vehicle payments. Any arrearages, along with the rest of the balance on your loan, will be spread out throughout the lifespan of your payment plan.
A Chapter 7 bankruptcy remains on your credit for 10 years from the date of filing. A Chapter 13 bankruptcy remains on your credit year for 7 years from the date of filing. However, you can begin working to rebuild your credit score as soon as your case is discharged.
You must be at least 18 years old to file a bankruptcy in Arizona. There is no upper age limit on who can file bankruptcy.
The 341 Meeting of Creditors is the mandatory hearing that you must attend whether you file Chapter 7 or Chapter 13 bankruptcy. You will need to complete a second credit counseling course within 60 days of your hearing. Your creditors will also have these 60 days to object to your debts being discharged, if they didn’t do so in the 341 Meeting of Creditors. A Chapter 7 bankruptcy is eligible for discharge after those 60 days, although it could take a few extra weeks for the court to process your discharge. In a Chapter 13 bankruptcy, you will simply continue making your plan payments until your plan is complete. Once your case has been discharged, you can start making efforts to build a new positive credit history.
Our Phoenix bankruptcy lawyers offer consultations free of charge. We also offer these consultations by phone, as many of our clients prefer the privacy and security of discussing their financial situation in their own homes. When you’re ready to take the first step towards financial freedom, call or use our online form to get started with your free consultation.