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We want to make sure you fully understand the bankruptcy process and all of your options. Take a look at our most frequently asked questions, then schedule a free consultation with an expert who can help you move forward. Contact Maverick Law today.
Possibly. In order to determine whether student loans are dischargeable, a separate case called an Adversary Proceeding is filed. The Adversary Proceeding could result in a full discharge, partial discharge, or even a settlement with more favorable terms. This is a great topic of conversation to speak with your attorney about during your free consultation.
Yes. Whether you are current or behind on your mortgage payments, there are ways to keep your home when filing bankruptcy.
Yes, some taxes can be discharged in bankruptcy. This is very case-specific so it’s important to work with your attorney to come up with a good strategy regarding discharging your taxes. For example, your attorney might recommend that you wait a few months to file in order to maximize the amount of tax liability that can be discharged. Yes, you can plan ahead for bankruptcy!
No. However, you should not wait to speak with your attorney because you could be subject to a garnishment, levy, foreclosure, or repossession.
Hiring an attorney is an extremely important decision. You want someone who will listen to your story and take the time to understand your specific situation. You want someone who will help you come up with the best strategy and plan for bankruptcy that provides you with relief and with the tools for success moving forward.
This will depend on your specific tax liability. Your attorney should be helping you develop a strategy tailored to your needs.
This is entirely dependent on your personal circumstances. There are ways to file bankruptcy and still keep your vehicle, your home, and your personal possessions. Talk with your attorney about how.
Bankruptcy is not right for everyone. However, Maverick Bankruptcy Law can provide you with the information and the right strategy if you qualify and decide to move forward with bankruptcy. Many of my clients are hesitant to file bankruptcy because they have always been taught that they are responsible to pay their own debts. They have a sense of obligation. There is nothing wrong with feeling this way but keep in mind that bankruptcy is a legal process designed to help people like you who are struggling, whether by your own poor spending choices or from some unforeseen circumstances in your life. You deserve relief! Even my religious clients whose faith teaches forgiveness often feel like they don’t deserve forgiveness of their debts. I’ll say it again, you deserve relief!
Domestic support obligations are typically non-dischargeable in bankruptcy. However, a bankruptcy that structures repayments of past-due obligations might be right for you.
Yes. Arizona is a great state to file bankruptcy in because Arizona law provides a homestead exemption (protection) of $150,000 of your home’s equity. There will always be exceptions to the rule based on your specific needs so it’s important to schedule a free consultation and discuss the best strategy with your attorney.
It depends. Your attorney should be strategic and help you decide whether or not an answer should be filed in another matter.
Filing for bankruptcy is a big decision to make. If you have large debts that you can’t repay, are behind on your mortgage payments, and are in danger of foreclosure, or are being harassed by creditors then bankruptcy may be the solution for you. Bankruptcy can reduce or eliminate debts and save your home. It does have some consequences that you need to be prepared for though. Filing bankruptcy can hurt your credit score and make it harder to borrow loans in the future.
Deciding whether to file bankruptcy is a difficult decision but you should at least have all the information when making that decision. Do you qualify for bankruptcy? What will that look like for you and your family? How will it affect you going forward? These are all questions that can be answered specifically for you with a free bankruptcy consultation.
Many people will open a secured credit card after filing for bankruptcy in order to reestablish good credit and get started off on the right foot.
Bankruptcy provides relief! When a bankruptcy is filed, an automatic stay applies to stop the commencement or continuation of any lawsuit against an individual. There are certain exceptions where bankruptcy will not act as an automatic stay, such as criminal proceedings, child custody matters, or dissolution of marriage that doesn’t involve property of the bankruptcy estate. If you have been served with a lawsuit or are facing a judgment, wage garnishment, foreclosure, or repossession, call your attorney today!
If you don’t file an answer, you are likely to be subject to a default judgment. However, even if you have already received a judgment or have an ongoing wage garnishment, bankruptcy can provide relief.
Anyone who files for bankruptcy in Arizona is required to complete an approved credit-counseling course. There is a pre-filing requirement as well as a post-filing requirement. The pre-filing portion must be completed prior to the bankruptcy being filed. However, this shouldn’t be something for debtors to stress about. It can typically be completed online in ~1 hour. Your attorney will have recommendations for an approved credit counseling course.
Bankruptcy is a legal proceeding that involves a person or business that is unable to pay their outstanding debts. Bankruptcy will typically start with the debtor filing a petition. All of the debtor’s assets are measured and evaluated. These assets can be used to repay a portion of the outstanding debt. The goal of filing for bankruptcy is to have a “fresh start” with your debt and to relieve stress.
Bankruptcy law requires that all debts be disclosed, including unsecured debts such as credit cards. It is very important to speak with your attorney about recent credit card use for cash advances or luxury items that could result in an objection to discharge from a creditor.
Yes. The bankruptcy automatic stay acts to stop a garnishment against you (with the exception of ongoing domestic support obligations). Your attorney should help you send proper notice of your bankruptcy filing to the right parties to stop the garnishment. If a creditor continues to garnish your wages or continues to pursue you for a debt that has been included in your bankruptcy, you may be able to file an adversary complaint against that creditor for a violation of the automatic stay. Unlike Maverick Bankruptcy Law, many bankruptcy attorneys are unwilling or unable to help you with these types of bankruptcy litigation matters. This is an important consideration when choosing which attorney to hire.
Yes. Many lenders will offer credit soon after an individual has filed for bankruptcy. Why? First, because the newly acquired debt is incurred post-filing, it is non-dischargeable, meaning the lender will be paid back anything that the person borrows. Second, the individual has likely just discharged a significant amount of debt in bankruptcy and can now afford a small payment to a new creditor.