What To Do With Credit Cards Before Filing Chapter 7?

Lerner & Rowe Law Group credit cards and chapter 7 bankruptcy
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You might be wondering what happens to your credit cards when you file Chapter 7 bankruptcy? Can you still use credit cards? Before filing for Chapter 7 bankruptcy, you must know when to stop using your credit cards and what to do with them as the process continues.

Filing for bankruptcy is stressful. It’s daunting to balance your home, family, work, and other responsibilities when dealing with massive amounts of debt. The bankruptcy process leaves many unanswered questions, especially about credit cards. 

Here, the bankruptcy attorneys at Lerner and Rowe Law Group will answer some of your questions about credit cards and Chapter 7 bankruptcy so you can go into the filing process a little easier. 

Will My Credit Card Debt Be Discharged During Chapter 7 Bankruptcy?

A Chapter 7 bankruptcy, often known as a liquidation bankruptcy, is a legal procedure that gives a person a new start and the ability to erase unsecured debts. A virtue of discharge implies the person is no longer liable for paying off their unsecured debts. 

Unsecured debts include: 

  • Credit cards
  • Car, personal, title, personal, and payday loans
  • Medical bills
  • Car repossession deficiency balance 
  • Money owed on a broken lease
  • Utility bills

Can I Use My Credit Card When Filing Chapter 7 Bankruptcy? 

You can use your credit card during the process of filing Chapter 7 bankruptcy. However, it might not be the best decision for your financial situation. You shouldn’t take on debt you don’t intend to repay if you know for sure that you’re going to file for bankruptcy. It’s possible that a creditor may contest the debt if you use your credit card to purchase unnecessary items. This is not common, but it is a possibility. 

Should I Stop Paying My Credit Cards Before Declaring Chapter 7? 

Typically, it is not recommended to stop paying credit cards before filing a bankruptcy. Before deciding whether to stop paying payments or file for bankruptcy, it’s best to seek advice from an experienced bankruptcy lawyer who can review your situation and help decide if you should file for bankruptcy. If you stop paying your credit card and later decide bankruptcy is not the best option for you, it can ruin your credit. 

If you eventually do decide to file for bankruptcy, you may choose to stop credit card payments. 

Should I Max Out My Credit Cards Before Filing Chapter 7? 

No, you shouldn’t take on any more debt that you won’t be able to pay back. If you decide to take on debt after deciding to file for bankruptcy, this could have unfavorable effects, especially if they are premium expenditures like jewelry, fine eating, entertainment, travel at your choice, etc. 

Do I Have To Include Every Credit Card on My Bankruptcy Filing? 

You must disclose the balances on all credit cards when you file for bankruptcy. You do not need to include cards that are paid off or those with a $0 balance. The creditor could opt to cancel it if they find out that you have filed for bankruptcy. 

After Declaring Bankruptcy, Am I Eligible For a New Credit Card? 

You should be eligible for a new credit card after bankruptcy. Those who have filed bankruptcy are often limited to secured credit cards. This is a type of credit card that requires a security deposit that acts as the card’s credit limit. For example, if the deposit is $200, then you will have $200 to spend. 

Should I “Zero Out” My Credit Card To Keep My Ability to Charge?

“Zero out” means that there is no balance on a credit card. Getting the balance to zero decreases the amount of debt owed in the bankruptcy process, however, you may still lose use of a credit card if you pay off the card balance before filing bankruptcy. 

What Should I Do as a Credit Union Member When Filing Chapter 7? 

Credit unions are member-owned financial institutions. If you have an account with a credit union and owe the union money, you should switch to a different financial organization with whom you have no outstanding debts. If you owe a credit union money and file for Chapter 7 bankruptcy, the credit union may be able to access money in your accounts to repay your debts.

Have Questions About Chapter 7 and Credit Cards? Contact an Arizona Bankruptcy Attorney.

Debt can ruin both your credit and your life—don’t let it! Our Chapter 7 bankruptcy attorneys can review your situation and help you decide the best course of action for your bankruptcy. We will explain your options and help you make the best financial decision. We offer flexible, affordable payment plans for our clients. 

To schedule a free consultation with one of our bankruptcy attorneys call us at 602-667-7777. You can also reach us by LiveChat, or request your free case review by completing this convenient form.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

How to File a Mesa Personal Bankruptcy?

Lerner & Rowe Law Group

If you’re considering filing for personal bankruptcy in Mesa, you’re probably wondering about the best way to do so. Filing bankruptcy can be daunting and many are unsure of where to get started. Luckily, the Mesa bankruptcy attorneys from Lerner and Rowe Law Group can help. Our experienced legal team of award winning attorneys can help you with the process and make sure you file correctly and have the most debt dismissed possible.Without qualified legal counsel, it’s possible you’ll miss out on possible debt elimination. 

Our attorneys will assist you with all of the processes below and provide you with a free debt evaluation. 

Not sure if you should declare bankruptcy? Here are a few reasons why you might want to: 

  • You have harassing collector calls coming in
  • Your car will be repossessed
  • Your water or electricity has been cut off
  • You can’t afford to make minimum payments on your credit cards
  • You’re behind on you mortgage or facing foreclosure on your home

To set up your free case evaluation and consultation, call 602-667-7777. Or, you can connect immediately through our LiveChat feature. Finally, you have the option to fill out this online form.

How Do Mesa Bankruptcy Attorneys Help? 

Our Mesa bankruptcy attorneys will review your situation and advise you on the next steps. They will determine which kind of bankruptcy is best for you; Chapter 7 or Chapter 13. 

What Is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy allows a discharge of debts. To receive an Order of Discharge, certain requirements must be met. When filing Chapter 7 bankruptcy, unprotected assets may be liquidated to pay back debts while you might be able to keep some protected assets. In Arizona, owned homes and automobiles are protected from creditors up to a certain amount. 

Not all debt can be discharged when filing Chapter 7 bankruptcy. Here are some of the types of debt that can be discharged: 

  • Credit card debt
  • Car loans
  • Personal loans
  • Medical bills
  • Title loans
  • Payday loans
  • Car repossession deficiency balance 
  • Money owed on a broken lease
  • Utility bills

Debts that cannot be discharged in Chapter 7 bankruptcy include: 

  • Student loans
  • Income taxes (federal, state, and local), except in rare cases
  • Alimony
  • Child Support
  • Secured liens
  • Government loans, fines, and fees
  • Restitution for criminal activity
  • Fraud-related debt
  • Damages caused by the debtor’s DUI

Related Topic: How Declaring Chapter 7 Can Provide Debt Relief

What Is Chapter 13 Bankruptcy?

When filing Chapter 13 Bankruptcy, individuals will repay debts over a certain period of time with a court approved payment plan. All assets and property do not have to be liquidated. The amount paid depends on several factors such as: 

  • The type of creditor being paid (secured, priority unsecured or general unsecured)
  • The amount of your disposable monthly income
  • The number of months of your plan

Related Topic: Arizona Chapter 13 Bankruptcy Lawyer

How to File Bankruptcy in Mesa, Arizona

To file for bankruptcy in Mesa, the first step is to figure out which type of bankruptcy is best for you. Our attorneys will review your current financial circumstances and let you know your options. From there, your attorney will decide if Chapter 7 or Chapter 13 is right for you. 

You can only declare bankruptcy in Arizona if you meet certain requirements. For instance, have you lived in Arizona for the majority of 180 days or is your property located in Arizona; do you qualify to file a Chapter 7 bankruptcy based on your income and monthly expenses; even if you qualify to file Chapter 7 bankruptcy, will Chapter 7 bankruptcy give you the relief you are looking for? To be sure, schedule a free consultation with Lerner and Rowe Law Group 

Here are the steps you’ll take when filing bankruptcy with Lerner and Rowe Law Group:

  1. Determine if bankruptcy (Chapter 7 or 13) is the right choice for you
  2. Gather the legal and financial documents required to file bankruptcy
  3. Attend a financial interview with your legal team
  4. Complete an approved credit counseling course
  5. Review and sign your bankruptcy documents with your experienced Arizona licensed consumer bankruptcy attorney 
  6. Your bankruptcy team will file your case
  7. Complete an approved debtor education course
  8. If filing a Chapter 13 bankruptcy case, you will begin to make plan payments
  9. Attend a Meeting of Creditors with an experienced attorney
  10. If filing a Chapter 7 bankruptcy case, attend a hearing with your attorney if redeeming an asset or reaffirming a debt 
  11. If filing Chapter 7, certain debts will be discharged

What Are the Costs to File Bankruptcy in Mesa?

Most bankruptcy debtors must pay a court mandated filing fee for both types of bankruptcy. The filing cost varies depending on the type of bankruptcy filed.. In a Chapter 7 bankruptcy case, your attorney fee is paid prior to your case being filed; under certain circumstances, attorney fees are paid after the case is filed. You will pay a portion of your attorney fee prior to filing your Chapter 13 bankruptcy case, and the remaining balance will be included in your plan payment. 

During your meeting with one of our attorneys, you will receive a free debt review

Related Topic: $0 Down Bankruptcy

How to Find the Top Bankruptcy Attorneys In Mesa

Mesa Residents can call 602-667-7777 to set up a free case consultation and debt evaluation. Or, you can fill out a FREE online form or text through LiveChat. We are available 24/7 to take your call. 

Top 10 Reasons to Hire Lerner and Rowe Law Group for Your Bankruptcy

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Reasons to Hire Lerner and Rowe - Bankruptcy

There are any number of contributing factors to explain why you are on the verge of filing for AZ bankruptcy protection. If you are, you are not alone. In 2021, 5,640 people filed Chapter 7 bankruptcy in Arizona, and 931 people filed Chapter 13 bankruptcy in Arizona.  

We understand that you might be hesitant because you don’t know how a bankruptcy might impact your life. Other reasons may be that you don’t know if you need legal help, or who to contact to start the process. To help speed up your search and find answers, our Arizona bankruptcy and debt relief team invites you to review top 10 reasons to hire Lerner and Rowe Law Group for your bankruptcy.   

Why Hire Us to Handle Your Arizona Bankruptcy

With over two decades of experience, we do believe that we have a few reasons to brag about why you should hire, or just contact, Lerner and Rowe Law Group for help with an Arizona bankruptcy. Here are our top 10 reasons: 

  1. Voted “Best Bankruptcy Law Firm” for seven years running in AZ Foothills Magazine independent reader polls.
  1. Since 2012, Lerner and Rowe Law Group has provided high-quality legal representation to thousands across Arizona that seek financial relief through Chapter 7 and Chapter 13 bankruptcy protection or debt settlement.
  1. Lerner and Rowe Law Group offers payment plans for attorney fees, including in certain circumstances paying attorney fees after your case is filed. 
  1. If you’re behind on payments or barely paying the interest on your debts, in danger of losing your home or car, or being harassed by collectors, Lerner and Rowe Law Group can help.
  1. Our Arizona bankruptcy team knows how to file a bankruptcy petition to stay wage garnishments and collection actions on your behalf. 
  1. Lerner and Rowe Law Group’s bankruptcy lawyers in Arizona do not pressure debtors into any agreement. In fact, if you’d prefer to look into other debt relief options, instead of bankruptcy, we will go over those with you as well.
  1. Each Lerner and Rowe Law Group bankruptcy attorney dedicates 100% of their time and attention on helping clients resolve their financial challenges that may include life after a divorce, past-due medical bills, and certain tax debt.  
  1. Chapter 13 bankruptcy attorneys are experienced at going after the lowest possible repayment plans so that you can get control of your finances faster and back on your feet sooner.
  1. We provide counseling so that once you get control of your debt, you can start rebuilding your credit and get closer to reaching your future financial goals.
  1. We have offices conveniently located in Phoenix and Tucson and can also provide remote support if needed.

Are you ready to take the next step towards debt relief? Lerner and Rowe Law Group offers free, no obligation consultations to give you the chance to learn more about how we can help. Just contact us 24/7 to get the process started by phone, LiveChat, or a convenient online form. 

The information on this blog is for informational purposes only. It is not meant to serve as legal advice for an individual case or situation. This information is not intended to create an attorney-client relationship nor does viewing this material constitute an attorney-client relationship.

Why You Should Contact a Tucson Wage Garnishment Attorney

Lerner & Rowe Law Group Why You Should Contact a Tucson Wage Garnishment Attorney
Why You Should Contact a Tucson Wage Garnishment Attorney

If you are unable to make certain debt payments, a Tucson wage garnishment lawyer may be able to help stop harassing creditors. If one of these creditors takes a judgment against you, they have the legal right to garnish – or take – up to 25% of your hard earned paycheck. This garnishment happens before the money even arrives in your bank account, leaving you with a smaller paycheck and a tougher time making ends meet.

As such, filing for bankruptcy might stop the garnishment of your wages immediately. But first, you will want to consult an experienced Tucson garnishment attorney from Lerner and Rowe Law Group. Read on to find out more about wage garnishment and how you might stop it from disrupting your life. 

Wage Garnishment in Arizona: What it Means for You

In Arizona, creditors can garnish up to 25% of your disposable earnings. egardless of this percentage, the debtor must be left with at least 30x the minimum wage per week. Here are a few other things to know about wage garnishment in Arizona:

  • In some cases, a creditor might attempt to garnish your bank account. In this case, the percentage rule does not apply, and the creditor may be able to take more than 25%. 
  • If you are behind on student loans or taxes, creditors do not need a lawsuit to begin garnishing your wages. 
  • Following a judgment, a creditor need only apply for a writ of garnishment. You will receive a notice before they take your money. When you receive this, call Lerner and Rowe Law Group right away.

When you call, we will set up your free case evaluation and consultation. It is at this point that we will begin to assess your situation, and consider your best options. We may suggest that you consider debt negotiation, where you and your creditor reach a payment agreement. If you can agree on new terms, you may avoid wage garnishment. However, if your creditor already has the legal right to receive their money guaranteed, it will be difficult to reach this agreement. In this case, it may be best to file for bankruptcy. 

Related Article: Can I File Bankruptcy Without an Attorney?

Bankruptcy Stops Wage Garnishment

If debt negotiation is not an option, and you are unable to pay off the rest of your debt, a Tucson garnishment attorney will advise you on filing for bankruptcy. You will have two options for filing for bankruptcy: Chapter 7 and Chapter 13. 

  1. Filing under Chapter 7 will allow you to immediately STOP a wage garnishment and allow you to discharge most of your unsecured debts.
  2. Filing under Chapter 13 will also STOP a wage garnishment and allow you to reorganize your debts over a 36-60 month period. 

Wondering which option is the best for you? Contact our Tucson bankruptcy lawyers today. 

Related Article: Do I Qualify for Chapter 7 Debt Relief in Tucson?

Contact the Tucson Bankruptcy Lawyers at Lerner and Rowe Law Group

Our team of bankruptcy lawyers is ready to work with you and your family, and get you back on your feet. To set up your free consultation, call 602-667-7777 any time of day or night, 24/7. Or, text through our handy LiveChat feature. You can also fill out this FREE online form

Don’t let creditors garnish your wages! Utilize the help of the knowledgeable bankruptcy attorneys at Lerner and Rowe Law Group today.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

4 Signs It’s Time to Contact a Mesa Wage Garnishment Lawyer

Lerner & Rowe Law Group

Wage garnishment is a serious matter in Arizona. With up to 25% of your non-exempt disposable earnings at risk of being taken by creditors, it’s always a good idea to talk to a Mesa wage garnishment lawyer if you believe a creditor may take legal action. Learn more about how an attorney can help and learn to recognize these four signs that it’s time to seek professional legal advice.

#1: You Haven’t Made a Payment in Six Months or More

Wage garnishment may become a genuine risk if you haven’t made a payment on an outstanding debt or haven’t attempted to work out a repayment plan with a creditor for a period of six months or more. In many cases, a creditor will sell the debt to a debt collector after this much time has passed. 

Debt collection agencies’ sole purpose is to get debtors to pay, so attempts to collect will likely ramp up after this much time has passed. Depending on the type of debt and how much you have, the agency may continue trying to collect for up to a year after they acquire the debt. At this point, if you’ve made no attempts at repayment, you should assume that your creditor will pursue a money judgment and wage garnishment in the coming weeks or months. Before this happens, you should seek the advice of a qualified wage garnishment or bankruptcy lawyer.

Mesa Wage Garnishment Lawyer

#2: You’re Getting Harassing Calls from Creditors

It’s almost impossible to forget that you’re in debt when you’re being harassed day and night by creditors demanding payment. They may call you, your family members, your workplace, or send letters threatening legal action. 

When you start getting these kinds of phone calls or receiving these kinds of communications, it’s a good time to brush up on your consumer rights against debt collectors and schedule a consultation with a Mesa wage garnishment lawyer to determine whether the legal action is real or little more than an empty threat. Knowing where you stand can give you a better idea of what action to take next to protect your income from garnishment.

Related: How to Stop Harassing Calls from Debt Collectors

#3: You’ve Received a Summons for Debt Collection

If a creditor decides to sue you for nonpayment of a debt, you’ll likely be served a summons for debt collection along with a complaint detailing what kind of compensation the creditor is pursuing. These documents will usually be served by a process server or delivered via certified mail, which should clue you in to their importance. 

A creditor or debt collector may threaten to sue for months without actually taking any action, but a valid summons and complaint is a sure sign that a possible money judgment may be secured against you. Now is a critical time to talk to an attorney who is well-versed in Arizona debt collection laws. Not only can they explain what to expect going forward, but they can also help you prepare a defense against the lawsuit and put a stop to wage garnishment.

#4: Your Employer Has Received a Garnishment Notice

When you are struggling financially, it may be tempting to just bury your head in the sand and try to put off the inevitable as long as possible. But once a creditor has secured a money judgment and your employer receives a garnishment notice, wage garnishment is bound to begin shortly thereafter. 

If you’ve put off facing your debt up until this point, you should know that it’s not too late to seek legal advice. By reaching out to an experienced Mesa wage garnishment lawyer, you can explore all possible solutions to your financial troubles, including settling with the judgment creditor, filing for bankruptcy, and other alternatives.

Mesa Wage Garnishment Lawyer

Contact a Mesa Wage Garnishment Lawyer Today

You don’t have to face wage garnishment alone. With assistance from Lerner and Rowe Law Group, you may be able to prevent wage garnishment, put a stop to harassing phone calls from creditors, and begin building a brighter financial future.

To get a free consultation with our legal team, call us 24/7 at 602-667-7777. LiveChat agents are also standing by online to answer any questions you may have. To request your no-obligation case review, you can also fill out this simple form to be forwarded to our office. Concerned about the cost of hiring legal representation? Learn more about filing a $0 down bankruptcy and check out our affordable payment plans.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

4 Ways a Chandler Wage Garnishment Lawyer Can Help You

Lerner & Rowe Law Group

Wage garnishment is a scary thing to face alone. The good news is that you don’t have to—with the help of a Chandler wage garnishment lawyer, you can stop wage garnishment, get the legal advice you need to manage your debt, and begin building a brighter financial future. Learn more about each of the ways an attorney can help if you’re facing wage garnishment in Arizona.

#1: Challenge the Wage Garnishment

Even if a creditor has already secured a money judgment against you and your employer has already received a garnishment notice, it may not be too late to protect your income with a motion to set aside the judgment. Successfully challenging a wage garnishment in court is possible, but it’s an intricate process that must be executed within a strict timeline. 

To challenge the wage garnishment, your attorney will present a legal objection backed by evidence. Valid objections may include:

4 Ways a Chandler Wage Garnishment Lawyer Can Help You
  • You did not receive proper notice of the lawsuit against you
  • Your income has already been subject to garnishment and you have no additional earnings left
  • There is a legitimate dispute about what a creditor claims you owe
  • Your income is exempt, or you do not earn any income
  • The statute of limitations has run out

#2: Reduce the Amount of Wage Garnishment

If you’re ineligible to set aside the judgment, your lawyer may still be able to reduce the amount of wages garnished from your paycheck. Generally speaking, a court can order that up to 25% of your non-exempt disposable earnings be diverted towards your creditors.

However, a Chandler wage garnishment lawyer can submit a request for a hearing to possibly get this amount reduced. If your attorney can prove that a 25% wage garnishment would cause undue financial hardship to you and your family, the court may agree to reduce the wage garnishment to as low as 15% of your non-exempt disposable earnings.

Related: What Are My Consumer Rights Against Debt Collectors?

#3: Reach a Settlement with the Creditor

With the help of an attorney, you may be able to reach a settlement agreement with a creditor in lieu of wage garnishment. Although reaching a favorable settlement may be more difficult once a judgment has been entered against you, there are many reasons a creditor might be willing to settle. 

If you have an especially large debt, it may take a very long time to repay the debt through wage garnishment alone. In addition, should your employment end, the creditor will stop receiving payment. Finally, should you file for bankruptcy, creditors know there’s a good chance you’ll be protected by an automatic stay and eventually have your debts discharged.

#4: Eliminate Your Debts Through Bankruptcy

Depending on the type of debts you have, filing for bankruptcy may be a viable way to avoid wage garnishment and protect your other assets. There are two kinds of consumer bankruptcy—Chapter 7 and Chapter 13. Chapter 7 bankruptcy, also called a liquidation bankruptcy, is ideal for lower-income individuals with few assets who have large amounts of unsecured debt, such as credit card debt, personal loans or payday loans, medical debt, and past due rent or utility bills.

Many unsecured debts can be discharged in a Chapter 7 bankruptcy, although it should be noted that unpaid child support or spousal support, certain tax debts, and student loans usually cannot be discharged through bankruptcy.

For those with a higher income, more assets, and/or a high amount of secured debt, Chapter 13 bankruptcy may be a better alternative. In Chapter 13 bankruptcy, existing debts are restructured into a three to five-year repayment plan with monthly payments you can afford. You have the chance to avoid repossession of your home or vehicle, and any remaining debt after your repayment plan may be eligible for discharge.
Related: What You Need to Know About Bankruptcy and Mortgage Loans

Chandler wage garnishment lawyer

Contact a Chandler Wage Garnishment Lawyer Today

If wage garnishment is on the horizon, or has already begun, a solid first step is to confer with a Chandler wage garnishment lawyer who can review your case and explain all your legal options.

At Lerner and Rowe Law Group, we offer free, no obligation consultations to anyone in search of solutions to overwhelming debt. Our experienced legal team is well-versed in matters of wage garnishment and bankruptcy, and will review the details of your case at no cost. You can schedule your free consultation today by calling us at 602-667-7777.

You can also get connected with a representative online using our LiveChat feature, or send us a message using this convenient form. Concerned about the cost of hiring legal representation? Find out more about filing a $0 down bankruptcy and check out our affordable payment plans.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

How to File a Personal Bankruptcy in Tucson, Arizona

Lerner & Rowe Law Group How to File a Personal Bankruptcy in Tucson, Arizona
How to File a Personal Bankruptcy in Tucson, Arizona

Are you wondering how to file bankruptcy in Tucson, Arizona? The process can be complicated. After all, you want to make sure that you file correctly and see the maximum amount of debt discharged. Without experienced legal help on your side, you might lose out on important considerations. 

Thankfully, the Tucson debt relief attorneys at Lerner and Rowe Law Group understand the ins and outs of filing for personal bankruptcy in Arizona. They will help you through all of the following steps, with a free debt evaluation.

Here are a few examples of why someone may want to declare bankruptcy:

  • You have harassing collector calls coming in
  • Your car will be repossessed
  • Your water or heat is shut off
  • You can’t  afford to make minimum payments on your credit cards
  • You’re behind on you mortgage or facing foreclosure on your home

To set up your free case evaluation and consultation, call 602-667-7777. Or, you can connect immediately through our LiveChat feature. Finally, you have the option to fill out this FREE online form.

How Do Tucson Bankruptcy Attorneys Help? 

Our Tucson bankruptcy services include listening to your situation during your consultation and advising you on what to do next. Most notably, we will help determine which kind of bankruptcy–Chapter 7 or Chapter 13 –is right for you.

What Is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy allows a discharge of debts for individuals. This Order of Discharge usually comes in a short period of time after all requirements are met. Sometimes, your discharge may come within only three to four months of filing your Chapter 7 bankruptcy case. In Chapter 7, your unprotected assets may be liquidated to pay your debts while you will be able to keep your protected assets.

Related Topic: How Declaring Chapter 7 Can Provide Debt Relief

What Is Chapter 13 Bankruptcy?

With Chapter 13 bankruptcy, individuals retain their assets and property while repaying creditors over a 36-60 month court approved plan. The amount paid to creditors depends on a number of factors that may include:

  • The type of creditor being paid (secured, priority unsecured or general unsecured)
  • The amount of your disposable monthly income
  • The number of months of your plan

Related Topic: Arizona Chapter 13 Bankruptcy Lawyer

How to File Bankruptcy in Tucson, Arizona

The first step to filing for bankruptcy in Tucson is to determine what type of bankruptcy is right for you. You can do this by consulting with an attorney who will get a better idea of your current financial circumstances and let you know your options. Are you a candidate for a Chapter 7 bankruptcy or will you be better served by a Chapter 13 bankruptcy?

In Arizona, you can only declare bankruptcy if you meet certain requirements. For instance, have you lived in Arizona for the majority of 180 days or is your property located in Arizona; do you qualify to file a Chapter 7 bankruptcy based on your income and monthly expenses; even if you qualify to file Chapter 7 bankruptcy, will Chapter 7 bankruptcy give you the relief you are looking for? To be sure, call Lerner and Rowe for your free consultation. 

The steps you will take with Lerner and Rowe include:

  1. Determine if bankruptcy (Chapter 7 or 13) is the right choice for you
  2. Gather the legal and financial documents required to file bankruptcy
  3. Attend a financial interview with your legal team
  4. Complete an approved credit counseling course
  5. Review and sign your bankruptcy documents with your experienced Arizona licensed consumer bankruptcy attorney 
  6. Your bankruptcy team will file your bankruptcy case
  7. Complete an approved debtor education course
  8. If filing a Chapter 13 bankruptcy case, you will begin to make plan payments
  9. Attend a Meeting of Creditors with an experienced attorney
  10. If filing a Chapter 7 bankruptcy case, attend a hearing with your attorney if redeeming an asset or reaffirming a debt 
  11. Have your dischargeable debts discharged 

What Are the Costs to File Bankruptcy in Tucson?

Whether you file a Chapter 7 or Chapter 13 bankruptcy case, most bankruptcy debtors must pay a court mandated filing fee. The filing fee is based on the type of bankruptcy filed, and changes periodically. You will also pay a fee to your attorney if represented. In a Chapter 7 bankruptcy case, your attorney fee is paid prior to your case being filed in most circumstances, however, in some cases, your attorney fee may be paid after filing. In a Chapter 13 bankruptcy case, you will pay some of your attorney fee prior to filing your case and the remaining balance will be included in your plan payment. 

In addition, our affordable bankruptcy attorneys in Tucson, Arizona will provide a free debt evaluation at the time of your consultation. So in the end, you have very little to lose and so much to gain by seeking bankruptcy assistance today.

Related Topic: $0 Down Bankruptcy

How to Find the Top Bankruptcy Attorneys In Tucson

Residents of Tucson can call 602-667-7777 to set up their free case consultation and debt evaluation. Or, you can fill out a FREE online form or text through LiveChat. We are available 24/7 to take your call, even on weekends. 

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

What to Avoid Before Filing an Arizona Bankruptcy

Lerner & Rowe Law Group What to Avoid Before Filing an Arizona Bankruptcy

Most people don’t anticipate the need to or want to file for bankruptcy protection, and therefore, don’t plan to file for bankruptcy protection. Most people also don’t understand the many protections offered to them by bankruptcy laws. Whatever circumstances have led to your current financial condition, it may be in your best interest to take time to explore how filing an Arizona bankruptcy may offer you financial protection. 

If you believe that bankruptcy may be an option for you, then it is vitally important to meet with an experienced Arizona bankruptcy attorney. An attorney can help you understand how best to plan for your bankruptcy and protect your property, as well as what to avoid so that you don’t jeopardize those plans.   

What to Avoid Before Filing an Arizona Bankruptcy

5 Actions to Avoid Before Filing an Arizona Bankruptcy

Some important things to understand and avoid doing before filing for bankruptcy protection include, but are not limited to the following:

  1. If you own your home, don’t move out. You must, with limited exceptions, live in your home at the time you file for bankruptcy protection to claim a homestead exemption. Even if you intend to surrender your home to your mortgage lender, you may be able to stay in your home even if you are not making mortgage payments for a number of months (or more). 

Also, until the title to your home is no longer in your name, you may be responsible for things that happen on your property.

  1. Don’t use your retirement savings as a lifeline. Draining your retirement savings can go wrong in so many ways. First, your retirement savings in a qualified plan is likely protected from your creditors; however, when you pull the money out of the account it may lose its protection from creditors. 

Moreover, you may also have to pay a penalty tax on the funds you withdraw from your retirement account. This penalty may lead to an increased tax liability that may require you to pay significant taxes. 

Finally, consider whether the withdrawal is a short term fix or a permanent fix. If you are not able to pay your regular monthly expenses after you take money out of your retirement account, this is a short term fix and is likely a poor decision.

  1. Don’t repay friends or family. While you may feel morally obligated to repay those close to you, these payments may be considered preferences and subject to recovery in bankruptcy from those paid. This means that the Bankruptcy Trustee may contact those individuals and require them to turn over the money you paid them.
  1. Don’t transfer property. A transfer can be a sale or a gift. If you transfer property for less than the fair market value of the property, the property can be recovered from the receiver and sold to pay your creditors. 

So you can sell your <insert asset> to <insert name of transferee> if you receive the fair value of the asset; be prepared to testify how you obtained the value of the asset, to show evidence of receipt of payment, and how you marketed the asset. 

If you give your family member or friend an asset as a gift, this is a transfer for less than fair value and the property can be recovered by the Bankruptcy Trustee from your friend or family member to pay your creditors.

  1. Don’t incur new debt. If you use a credit card or take out a loan before filing bankruptcy, and if you knew you couldn’t afford to repay the debt, you may not receive a discharge of the debt.

The above list is not exhaustive and there are exceptions to every rule, however, the above list is a good baseline of considerations prior to filing for bankruptcy protection. 

Remember, if you file bankruptcy without an attorney, you will be considered to know the law. Most consumer bankruptcy attorneys in Arizona offer free initial consultations, so meeting with an attorney before filing bankruptcy is always in your best interest.

Related topic: Can I File Bankruptcy Without an Attorney?

How to File for Bankruptcy Protection in Arizona 

If you are considering filing an Arizona bankruptcy, you may wonder exactly how to do it. You can count on our bankruptcy and debt relief team to steer you in the right direction and be there to help navigate you through the entire process

Just dial 602-667-7777, fill out a FREE online form, or text with us through our convenient LiveChat feature to schedule a free consultation today. 

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Overcome the Fear of Filing for Bankruptcy

Lerner & Rowe Law Group
skilled phoenix bankruptcy lawyer

If you’re deep in debt, you may be contemplating filing for bankruptcy to fix your financial dilemma. Bankruptcy may seem like an extreme measure, but it can actually be a powerful financial tool. That is where our experienced Phoenix bankruptcy lawyers come in. They will walk you through the steps of a bankruptcy so that you can start fresh and find relief from creditors.

Biggest Fears of Filing Bankruptcy

At Lerner and Rowe Law Group, you can trust that we have the necessary experience to help get you back on your feet. Our staff will meet with you and dispel the common concerns and misconceptions associated with bankruptcy, so you will not have a reason to fear the loss of:

  • Property like a home or a car
  • Retirement accounts
  • Face among family, friends and employers
  • Control of your financial future

Bankruptcy Options

Chapter 7 and Chapter 13 are the two most common forms of bankruptcy and each have pros and cons.

  • Chapter 7 liquidates certain types of assets to pay creditors and is generally best for anyone with large amounts of unsecured debt and little income. Most individuals have to give up very little, if anything, in a Chapter 7. An experienced bankruptcy attorney will help you plan your bankruptcy to protect your assets.
  • Chapter 13 requires you to make a monthly payment to a Trustee for up to 5 years. The monthly payment can be as low as $100.00 per month depending on your circumstances. A Chapter 13 can pay off past due house payments to stop a foreclosure, and even strip a 2nd mortgage from your home. Most Chapter 13 bankruptcies repay very little to unsecured creditors. When properly planned with an experienced attorney, a Chapter 13 can be a powerful financial tool that stops harassing creditors and gets you get back on your feet in a better financial position.

Helpful Tips

If you are experiencing a financial hardship, the following are some things you should not do until you speak with an experienced Phoenix bankruptcy attorney. Do not:

  • Repay loans to friends or family members.
  • Transfer money or property to friends or family members.
  • Withdraw large sums of cash from a bank account or otherwise try and hide assets.
  • Liquidate a retirement account to pay off debt.

It is not uncommon for credit scores to actually start to improve after a bankruptcy; the debt and missed payments that drag your score down are discharged. A bankruptcy does not mean you will never receive credit again: Many individuals are surprised to learn that they are commonly extended credit after a bankruptcy filing. Although the Fair Credit Reporting Act  allows bankruptcies to remain on your credit for up to 10 years, they are generally removed after seven.

Hire a Top Phoenix Bankruptcy Lawyer

Declaring bankruptcy has significant, long-term effects. So, it’s a decision you should make with the help of a top-ranked Phoenix bankruptcy lawyer.

Call us to discuss a bankruptcy and other possible alternatives to determine the best financial option for you. Call our experienced bankruptcy attorneys at Lerner & Rowe Law Group at 602-667-7777.

We offer free consultations and also, affordable payment plans. We want to help you take back control of your finances and also, give you a fresh start.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Voted Best Phoenix Criminal Defense & Bankruptcy Law Firm 2016–2022

Lerner & Rowe Law Group

Voted Best of Our Valley Phoenix Law Firm for Criminal Defense & Bankruptcy for 7th Year in a Row!

For the seventh year in a row, we are pleased to announce that our Phoenix criminal defense and bankruptcy legal teams were voted “Best of Our Valley” in AZ Foothills Magazine’s online reader’s poll contest.

It is an honor to be recognized once again as the best criminal defense and bankruptcy legal service providers to those who work and live in the Phoenix Valley.

Nailed for a DUI? Need assistance with a bankruptcy? Overwhelmed by debt? At Lerner and Rowe Law Group, our legal teams provide the best legal assistance around the clock. Just make one call to get the help you need and the best legal representation that you deserve.

Connect with us 24/7. Chat with a live representative now, call 602-667-7777  or submit a FREE online case review form.

Most Philanthropic Company 2018–2022

Lerner and Rowe Gives Back logo

Our law firm is also actively involved in giving back to local community members, groups and organizations through our non-profit foundation, Lerner and Rowe Gives Back.

In another momentous achievement, our legal team also won the “Best of Our Valley” category title for most philanthropic company. You can learn more about our community partners and how we give back at LernerAndrRoweGivesBack.com. Contact us today for more information. You can find out more about our firm by connecting with us on Facebook, or also on Twitter.