Overview of Arizona Chapter 7 Bankruptcy
Arizona Chapter 7 bankruptcy is also known as a “liquidation” bankruptcy. In chapter 7, most of your debt is discharged or canceled. While most people filing Arizona chapter 7 bankruptcy in Phoenix keep all their property, your non-exempt property could be taken from you by the bankruptcy trustee and sold to pay your creditors.
Don’t panic, very few people lose their property in Arizona chapter 7 bankruptcy but having the right Phoenix chapter 7 bankruptcy attorney can make a big difference. Our Phoenix bankruptcy attorneys are among the most experienced in Arizona. Give us a call if you have concerns about filing for Chapter 7 bankruptcy in Phoenix. We will take the time to answer all your questions and discuss your options in bankruptcy.
Chapter 7 Bankruptcy Lawyers in Phoenix, Arizona
Financial struggles are part of almost everyone’s life. However, if your debts are piling up and you are overwhelmed about how you can pay your creditors, it’s time to consider bankruptcy. But before filing for Chapter 7 bankruptcy or any other bankruptcy alternative, you must work with the best and trusted Chapter 7 bankruptcy lawyers in Phoenix, Arizona to help you with this journey. Your attorney can lay out all the possible options for your journey towards debt relief and start anew with your financial life.
At Phoenix Fresh Start Bankruptcy Attorneys, we are fully dedicated to helping you overcome your financial crisis by helping you throughout the process. We offer the best service to save your assets, stop foreclosure, and help you get a fresh start. We offer a FREE initial consultation and you can easily call our client hotline at 602-598-5075 to help you with your urgent case.
To guide you, we will share basic information about Chapter 7 bankruptcy. The following are some of the common questions being asked by those who wish to be informed before filing under bankruptcy Chapter 7:
- What is a Chapter 7 Bankruptcy
- Do I Qualify for a Chapter 7 Bankruptcy?
- What Debts Cannot Be Discharged Under Chapter 7 Bankruptcy?
- How Much Will Chapter 7 Cost Me?
- What Are The Negative Effects of Chapter 7 Bankruptcy?
- Begin Your Journey Towards A Fresh Start!
When is the right time to file for Chapter 7 Bankruptcy?
Before filing for Chapter 7 bankruptcy, your lawyer will suggest you look up other options or bankruptcy alternatives to save your assets and even credit history. However, if the situation calls for it, sometimes Chapter 7 is the best action towards financial freedom.
There are a few signs that you can look into when deciding whether or not Chapter 7 bankruptcy is the best solution for you:
- Your debts are piled over and it would take more than five years to get out of debt.
- Your accumulated debts are more than half of your annual income.
- If your current financial situation and debts are creating problems for your household or causing extreme stress to your life.
- You have a very minimal or even no source of disposable income.
- Your monthly income is below the median level in your local state.
Pre-Filing Debtor Bankruptcy Education in Arizona
Before filing for bankruptcy, your Arizona bankruptcy attorney will instruct you on how to take the required pre-filing debtor education class in Arizona. Usually, this is done online or in your Arizona bankruptcy attorney’s law office. Upon completion of the course, you will receive a certificate that must be filed with your bankruptcy petition in Arizona. This class is generally quite short and is easy to complete.
Filing Bankruptcy Petition in Arizona
In a chapter 7 case, your case starts by filing a package of schedules and forms including the petition for chapter 7 bankruptcy in Arizona. You will typically file your bankruptcy papers in Arizona near where you live. Included with your bankruptcy petition is a list of your creditors. Soon after you have filed, the bankruptcy court in Arizona will send out a notice of bankruptcy filing to your creditors. Along with the notice of filing for bankruptcy in Arizona, the court will send a notice of meeting of creditors pursuant to section 341 of the bankruptcy code. You can find more information about the meeting of creditors on our website.
If you did not file all the required documents with your petition for chapter 7 bankruptcy in Arizona, you will receive a deficiency notice from the bankruptcy court. In most cases, you will only have 15 days to file the missing bankruptcy documents or risk your bankruptcy case being dismissed.
The Automatic Stay in Phoenix AZ
As soon as you file your bankruptcy petition in Arizona, the court issues an automatic stay. This is a special order of the court that tells creditors to back off and stop all collection actions against you. Creditors who ignore the automatic stay can face serious consequences. However, creditors in Arizona can ask the bankruptcy court to lift the automatic stay so that they can proceed with collection. The creditor would need to file a special motion with the bankruptcy court and it can take a few weeks before the court rules on the motion. In most cases, you don’t need to be concerned with a creditor filing a motion to lift the automatic stay in Arizona. Your Arizona bankruptcy attorney will usually let you know if you should be concerned about it.
What About Your Property
You must tell the bankruptcy court in Arizona about all your property, both personal and real property must be disclosed. Bankruptcy exemptions in Arizona are very generous. Almost everyone will keep their property in bankruptcy in Arizona. Your Arizona bankruptcy lawyer will help you to choose and apply the right exemptions for your situation. You can find more information about how bankruptcy exemptions in Arizona work on our website.
Secured Debts in Arizona Chapter 7 Bankruptcy Cases
Chapter 7 bankruptcy in Arizona deals primarily with unsecured debt, but bankruptcy law does provide for some secured debt to be dealt with in chapter 7 bankruptcy cases. Secured debt is debt that is collateralized by a physical asset like a house or a car. In some cases, you will need to either redeem or reaffirm the asset if you want to keep it. Reaffirmation agreements are often used to permit you to keep your car. Basically. In Arizona, a reaffirmation agreement allows you to keep making payments on your loan. You can find more information about reaffirmation agreements and redemption in bankruptcy on our website.
Arizona Bankruptcy Discharge
It can take about six months for a chapter 7 bankruptcy in Arizona to be discharged. A bankruptcy discharge is ultimately what you want. When your case is complete, you will receive a notice of discharge from the bankruptcy court in Arizona. This generally means that all your unsecured debt has been discharged in bankruptcy, or in other words, wiped out to give you a fresh start. In some cases, not all debts are discharged in bankruptcy. Your Arizona bankruptcy attorney will discuss which debts were discharged and which debts were not, but generally, debts like child support, taxes, student loans, and debts that arose from fraud will not be discharged.
What Are Some Things to Remember Before Filing for Chapter 7 Bankruptcy?
There are a few things you must remember or be aware of before filing under Chapter 7 bankruptcy. By working with your local Chapter 7 bankruptcy lawyers in Phoenix, Arizona, they can assist and tell you what you should or should not do prior to your filing. In some cases, these are the things that you should be wary about before filing for Chapter 7:
- No new debts. Before filing under Chapter 7, it is very important to not claim or apply for a new loan. It is also important to not max out your credit card without the intention to pay it back. This case might appear as a fraud and the bankruptcy court might see it as intentional.
- Don’t pay your creditors personally. Although it sounds confusing, you should not pay your creditors personally right before you file for bankruptcy. Any large or unusual amounts of payments can be viewed by the bankruptcy court or trustees as preferential transfers, which may mean that you prefer one creditor, thus making it seem unfair over the rest of the creditors.
- Stop any unusual transactions. Before filing you should stop or do not do any unusual transactions such as buying expensive luxury items, transferring personal valuable assets, transferring a large amount of money, or selling your business. This might also be looked at as a fraud.
- Stay honest. The very important thing about filing under Chapter 7 bankruptcy is staying honest with yourself, with the court of trustees, and with your creditor. Disclose all your debts, assets, account, and other financial information whenever the court asks for them. Failure to comply or intentionally not disclosing all assets could appear as a fraud that may even result in more complicated issues and problems.
- Keep your retirement funds. In most bankruptcy petitions, the courts allow you to protect your retirement funds against liquidation. Be sure to not touch it or use it to pay your creditor.
What Are The Negative Effects of Chapter 7 Bankruptcy?
One of the biggest downsides to applying for Chapter 7 bankruptcy is the negative credit history. Once your filing has been approved, and your debts are cleared, this bankruptcy will appear on your credit report for up to ten years. This is a major drawback to filing bankruptcy because you will find it very difficult to open new credit cards or other loans.
Some also report that other creditors attempt to recover your debt after discharge even though it is illegal. As such, it is very important to have a copy of your bankruptcy documents because duplication of these papers can be costly.
Last but not least, you cannot file for another Chapter 7 discharge within eight years after your previous Chapter 7 bankruptcy filings. This means that you have to be financially smart and responsible after going through bankruptcy and getting your debt discharged.
Begin Your Journey Towards A Fresh Start!
Because filing for bankruptcy is already a stressful situation on its own, you need experienced Chapter 7 bankruptcy lawyers to assist you on this journey. Imagine, in your current financial situation where debts are piling up, your creditors keep calling you for your payment or probably harassing you. Your trusted attorney can help you fight for your rights as a consumer/debtor and make sure that any harassment from creditors is stopped.
At Phoenix Fresh Start Bankruptcy Attorneys, you can expect that we will deliver the best legal assistance to your petition for bankruptcy – from start to finish. We can help you, from choosing which bankruptcy option is the right one for you to filing the petition as well as running errands for paperwork. We can also help you in getting exemptions for the assets that you want to save during the liquidation process for Chapter 7. In this case, we can fight for your right to save your home, car, and other assets.
Like all legal matters, you should seek the help of an experienced Arizona bankruptcy lawyer if you are contemplating bankruptcy in Arizona. We make it easy and affordable for anyone to hire a great bankruptcy attorney in Arizona. Start with a free debt analysis to determine the best course of action for you. If bankruptcy in Arizona is your best option, you will be able to make easy payments for your attorney’s fees. Then, we go to work and get you out of debt and on to a fresh start, but we don’t stop there. We really want to get you back on your feet financially which is hard to do when your credit is in the dumpster. That is why we include our free credit repair program with every bankruptcy we file in Arizona. Our free credit repair program is fast and effective. It could have you back at a 720-credit score in 18 months or less. Get out of the dumpster and back to living. Call us today.
Chapter 7 Could be the Solution to Your Debt Problems
Our chapter 7 bankruptcy lawyers can help you if you’re struggling with bills in Phoenix, then you have options. Chapter 7 bankruptcy is a legal process designed to quickly free you from unsecured debt, including:
- Credit Cards
- Medical Bills
- Some Personal Loans
- Payday Loans
- Department Store Cards
- Utility Bills, and more
Often times, when people file for bankruptcy in Phoenix, it’s because they have low income and struggle to pay their bills each month.
Wondering what filing bankruptcy under Chapter 7 can do for you?
Receive a free Chapter 7 evaluation from a local bankruptcy lawyer.
Who Should File Chapter 7 Bankruptcy?
Chapter 7 typically works best for people who:
Have credit card or medical debt. Bankruptcy helps people to completely eliminate unsecured debts like credit card and medical bills, giving them a fresh start financially.
Are being harassed by collection agencies. Collection agencies become more aggressive as the age of the debt increases because they know that statutes of limitations will prevent them from being able to collect the debt.
Have few assets. Generally, Chapter 7 bankruptcy deals with unsecured debt, if you are concerned about real property, you should consider a Chapter 13 bankruptcy.
Can’t pay their bills. If you don’t have sufficient income to pay your bills, you must still qualify for Chapter 7 by taking the means test.
Who have poor credit. Chapter 7 bankruptcy will damage your credit for a time, but If you already have bad credit, this is not a consideration. If you have good credit, you may want to consider an alternative to bankruptcy, but if you just cannot make ends meet no matter what, bankruptcy will give you a fresh start and our credit repair program will help you get your credit back on track.
Frequently Asked Chapter 7 Bankruptcy Questions
Can I File Chapter 7? – Virtually everyone who has filed taxes, taken the required credit counseling course, and passed the means test can file for Chapter 7 bankruptcy. You should discuss your particular situation with a Phoenix Chapter 7 bankruptcy attorney.
What is The Chapter 7 Means Test? – The means test is an analysis of your financial situation compared to the median income and expense data for similarly situated families in your area. The test presumes that you have the ability to pay back at least part of your debt if you exceed the median standards. However, this is a rebuttable presumption that can be overcome in most cases by demonstrating your lack of disposable income.
How Long Does Filing Chapter 7 Take? – Although Chapter 7 is typically one of the fastest acting forms of debt relief, there are still many steps and stages, each requiring you to complete processes, filings or meetings. If everything goes smoothly, you should receive a discharge within 6 months.
Contact Our Chapter 7 Bankruptcy Lawyers
Stop losing sleep over your debt problems. A chapter 7 bankruptcy can give you a fresh start by wiping out all of your unsecured debt. When you file a chapter 7 with Phoenix Fresh Start Bankruptcy Attorneys you get our affordable attorney’s fees payment plan and our FREE Credit Repair Service. Call us today.