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Bankruptcy

Arizona Bankruptcy Attorney Blog Arizona Bankruptcy Attorney Blog

The perspective of one Arizona Bankruptcy Attorney on insolvency during a depression.
By Joseph McDaniel, Esq.

Post Frequency: 2.4/day

Last Entry: March 31, 2011 at 10:42:02

Recent Entries: 711

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Small Business Bankruptcies On the Rise. Surprised?

Posted on January 25, 2011
One article about the increase in small business bankruptcy cases quotes extensively from a bankruptcy attorney in California who handles small business cases, as well as other bankruptcy types. That bankruptcy lawyer puts too much blame, for my taste, on the small business owners...


Bankruptcy in 2011: The Hits Keep Coming.

Posted on January 25, 2011
Predicting the future is pretty easy. You look at the present, and say that the future will be like this, but more. On the other hand, this prediction seems well-founded as to future bankruptcy cases in the United States. At least, that's where the smart money will place its bets...


Point-Counterpoint on States and Bankruptcy

Posted on January 25, 2011
Some smart writers think it's a bad idea to give states the power to file bankruptcy, and seem to make the argument that it would be constitutionally or legally difficult or complicated. That doesn't seem to be the case to me; complicated legal messes are what keep the Bankruptcy Court humming like a Mazda Rotary Engine...


So If States Have the POWER to File Bankruptcy, They WON'T File Bankruptcy?

Posted on January 25, 2011
Here is an interesting article that makes the argument that if Congress gives States the power to file bankruptcy, they may use that power to negotiate with creditors, instead of actually filing. Well, that happens with individuals, also. But it only takes one creditor with a bad attitude to push a consumer into a bankruptcy, if that creditor is big enough...


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I Just Love this Title!

Posted on January 24, 2011
"From the people who brought you the destruction of the housing market..." Some titles are just better than others!NOTHING IN THIS BANKRUPTCY BLOG CONSTITUTES LEGAL ADVICE RE A CHAPTER 7, CHAPTER 13, CHAPTER 11, OR CHAPTER 12. FIND AN ARIZONA BANKRUPTCY ATTORNEY WHO IS BOARD CERTIFIED IN BANKRUPTCY LAW, AV RATED, AVVO 10, ON SUPERLAWYERS, OR JUST VERY EXPERIENCED AND A FORMER CHAIR OF SOME BANKRUPTCY THINGIE...


I Know that a Lot of Bankruptcy Lawyers Read the Blog; So Take a Look at This!

Posted on January 24, 2011
I received this today, and thought I'd pass it along: Turnarounds & Workouts is now accepting nominations for its annual list of Outstanding Bankruptcy Judges.  If you would like to submit a nomination for this list, please complete the nomination form at the following link:  Outstanding Bankruptcy Judges - http://beardgroup...


The Bankruptcy Means Test Bundle of Joy Exception

Posted on January 24, 2011
I'm talking to a lovely couple, and I ask if they've done their bankruptcy homework. "Yes." So I ask if it looks like they passed the Means Test. And they start giggling, and say, "We will in five months!" What's the gag, I ask. "Baby on the way; we don't pass for a family of four, but do pass for a family of five...


You Think Arizona Has It Bad with Unemployment, Bankruptcy and Foreclosures? Well, You're Right. But Nevada is in WORSE Shape!

Posted on January 24, 2011
Misery loves company. So when you are contemplating bankruptcy statistics in Arizona, which are awful, along with mortgage foreclosures and trustee's sales, save a tear for Nevada. Because almost alone of your sister states, Nevada is in deeper kimshee than Arizona...


When You Lose 70 Per Cent of Your Business Volume, That's a Bad Thing!

Posted on January 24, 2011
Small businesses often start with a good idea, and then the execution of that idea determines how well the business will flourish. On the other hand, most businesses have what are called fixed expenses; if you have enough business and enough of a margin to run your business, and to pay those fixed expenses, like rent, your business has a chance of growing up to be a big kid...


Inflation, Anybody?

Posted on January 23, 2011
Have you noticed that even though nothing has changed in your purchasing habits, you now have more month left at the end of the money? That's because inflation has been eating your lunch for you! And that's one of the reasons that bankruptcy rates are going up in the United States, along with the death of manufacturing in the U...


"This Trend Could Destroy Your Savings!" Okay, WHAT TREND?

Posted on January 23, 2011
I just read a perfectly good general discussion of bankruptcy filing increases, and the reasons that the author believes that bankruptcy rates are rising. I liked the article just fine. Sure, I disagreed with the semi-snide remark that the stigma of bankruptcy is mostly gone, because every day of the week I get to hear people sob their hearts out, because they've finally spent the last cent of their savings to pay credit card debt, and now their shame about bankruptcy is gone only because they have no choice...


Ridethrough in Bankruptcy Discussed in Article and in Video; Automobile Reaffirmations in Arizona Bankruptcy

Posted on January 23, 2011
Automobiles use up more time in a Consumer Chapter 7 Bankruptcy than they should. Prior to the Barf Act of 2005, a debtor could use "ride-through" to hold onto a car that did not exceed the exemption limits (and could pay the bankruptcy trustee a lump sum to settle with the trustee if it did exceed the exemption limits)...


No, Really, Municipality Bankruptcy Cases Will Be a Walk in the Park!

Posted on January 22, 2011
I recently saw an article that I won't belabor. But anybody who is casual about the ripples that will spread from municipal bankruptcy cases really doesn't understand the nature of a big bankruptcy case.NOTHING IN THIS BANKRUPTCY BLOG CONSTITUTES LEGAL ADVICE RE A CHAPTER 7, CHAPTER 13, CHAPTER 11, OR CHAPTER 12...


Why Arizona Bankruptcy Lawyers Get Old Before Their Time

Posted on January 22, 2011
There is a nifty exception to the Means Test. It is the Business Debt Exception, and I'll write about it more when I get a Round Tuit. The shortest version of the Business Debt Exception to the Means Test is that, in general, if the debtor has more business debt than consumer debt, the Means Test simply doesn't apply...


California Bankruptcy; Full Employment Act for U.S. Lawyers?

Posted on January 22, 2011
Unless you are a hermit, you have some relative someplace who just graduated from law school. You know that because of the tear-stained letters begging for money so the new graduate can buy cheese and crackers. Because he ain't gettin' a job anytime soon...


Was Your Job Outsourced? Did You Get to File a Bankruptcy in Arizona?

Posted on January 22, 2011
I have had the pleasure of talking to many bright, highly-educated folks who had great jobs. The operative word here is "had". Now, several of them had a special opportunity: they were so good at their jobs, and at teaching, that they were asked to teach an international group located in India how to do what they did...


What Is Your Car Worth When You File a Bankruptcy in Arizona? Should You Use a Blue Book, Edmonds, or NADA Value? Or is "Neither" the Best Estimate?

Posted on January 21, 2011
Value. It's sort of a philosophical question. Until you file a bankruptcy. Or try to buy a car. Or to sell a car. When I worked for Chief U.S. Bankruptcy Judge Caldwell, he told me that an appraisal, of any sort, was an educated guess. Something is worth what a buyer will pay for it...


When Nice Things Happen to Nice People, and They DON'T Need to file a Bankruptcy in Arizona!

Posted on January 21, 2011
I love it when I talk to people who are nice, and lucky! Because so often I get to talk to people who are nice, and unlucky! Recently I talked to a very smart, very capable guy who had a house that was waaaaaaaaaaaaaaaaaaay underwater. It was worth maybe $50,000, and the mortgage was five times that...


I'm Not a Probate Lawyer! I'm a BANKRUPTCY Attorney! So Take Your Darn Vitamins!

Posted on January 21, 2011
So here's the deal; at this point, I'm no longer as young as I once was. But I've been planning on being a creaky, cranky old guy since I was forty, when I saw the Hawaiian Vacation Photos and said, "Who's that really fat guy with the beard?" (True Story!) So I went middle age crazy a little early, and read everything that I could read on the topic of staying on top of the soil, rather than under it, for as long as possible...


Graphs About Bankruptcy Statistics. You Like Graphs? We Got Graphs! The American Bankruptcy Institute Delivers!

Posted on January 21, 2011
I recently pointed out some graphs that showed the increases in mortgage foreclosures in Arizona, and everyplace else, over a period of years, with nifty features that permit you to compare and contrast the levels in a particular state to foreclosures in the United States...


How Did We Get in This Economic Mess? Is It Over Yet? Are We There Yet?

Posted on January 21, 2011
There are plenty of places to point fingers about the economy, but few folks have studied the area in great depth. Because of modern media, most folks now have the attention span of a gnat.  Including me. Was I saying something? Oh, yeah. I just stumbled upon a really smart guy who's writing a book, and who has put a lot analysis into the issues relating to this Depression...


How Long Until You Get Good Credit Again After You File a Chapter 7 Bankruptcy?

Posted on January 20, 2011
I touched on this issue recently. Your bankruptcy filing will stay on your credit report for a long time. It may be a decade, and if you file a Chapter 13, it may be longer, because your case will last five years in cases in which you didn't pass the Mean, Mean Means Test...


Most Popular Posts for the Last 30 Days

Posted on January 20, 2011
Here are the top ten bankruptcy blog posts over the last thirty days, for those of you who keep track of these things (and yes, the autographed bankruptcy trading cards will be coming out soon!): Bankruptcy HomeworkWhy do I want you to do homework BEFORE you come to see me for the first time? Because then our meeting may be productive! If you don't do t...


You Don't Have to Convince Me that You're Honorable: I'm a BANKRUPTCY LAWYER!

Posted on January 20, 2011
I can tell when people haven't done their bankruptcy homework, or haven't read much of my blog. In particular, I am always a little entertained when folks need to explain to me that they are really honorable people, even though they are coming to me about a bankruptcy...


You Think It's Tough Around Arizona? Well, Yeah. But Also in Ventura County.

Posted on January 19, 2011
I read a nice article (I only disagreed with about twenty per cent) in the Ventura County Star recently. For one thing, the article suggested that credit takes seven to ten years to rebound, while experts (and my clients) tell me that two years is more like it, if the debtor relentlessly works on cleaning up and reestablishing their credit rating...


And Another Another One Bites the Dust!

Posted on January 19, 2011
So after I'd resigned myself to no lunch at Pick Up Stix  on Camelback, which had closed, just like Lazy Lous' Fish and Chips and Fuddruckers before it, I figured I could handle a little Italian at Meatballz, which had a particularly nice staff. A little heavy on the garlic, but I figured I could stock up on peppermints and nobody would notice during the afternoon...


A Way to Hide Money From a Bankruptcy Trustee in Arizona. That Doesn't Work.

Posted on January 19, 2011
Here's kind of a cute idea that somebody cooked up. I swear, the creativity of people who didn't go to law school has no limits!  The simplest version is that the prospective debtor gives a ten grand retainer to a lawyer who's going to litigate in defense of some "claim" if a creditor brings a lawsuit post-bankruptcy filing...


"Harry's Law" is Brilliant Television, But if You Practice Like That, Your Client Swirls. Down and Around.

Posted on January 18, 2011
There's a remarkable little tv show called Harry's Law. I like it almost as much as Outsourced. Great acting. Nifty writing. Made me cry twice. Laughed till I gagged. The only nagging problem I had was the issue of...reality. If you try to practice law like that, your client is toast...


Should States Be Permitted to File Bankruptcy? And How the Heck Did They Spend More than they Made?

Posted on January 18, 2011
Look, a harried housewife might make an error balancing a checkbook, or might not notice that her hubbie was playing the ponies and that he hadn't made the last six mortgage payments. That I can understand. Easily. Or a guy might have worked all his life, then gotten fired because his job was outsourced to India or China...


Another One Bites the Dust!

Posted on January 18, 2011
So there I was, doing a little business at the T-Mobile on Camelback near 20th Street in Phoenix, which has remarkably good music and customer service. The music is a little loud, but I chalk that up to youthful enthusiasm. And I was feeling a little hungry, so I decided to go next door for a little Chinese fast food at Pick Up Stix...


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