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Bankruptcy

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

Another Second Generation Consumer Bankruptcy Video, What's the Status of My Case?

Posted on August 15, 2010
Here's another educational consumer bankruptcy video, because I want my clients to know as much as humanly possible about the process that they'll be experiencing in a Chapter 7 bankruptcy case (note that about 82% of all cases filed in Arizona are Chapter 7 cases, and there are good reasons for that)...

So How About Those Educational Videos About Consumer Bankrupcy; Any Improvements?

Posted on August 14, 2010
We seem to be making progress on the consumer bankruptcy video front, although it is agonizingly slow. The video quality here is a great deal better than my prior, horrific attempts at cinematography. And the audio quality seems a bit better, as well; we don't have a barking dog in the background...

Apparently, All Arizona Bankruptcy Lawyers Are Kind, Compassionate, Respectful, Dedicated, Experienced, Knowlegeable, Talented, Caring, and Honest!

Posted on August 13, 2010
OUR EXPERIENCED TEAM OF BANKRUPTCY ATTORNEYS IS KIND, AND COMPASSIONATE, AND CARING! Is anybody who practices bankruptcy law in Arizona really as nice as they sound on their Arizona bankruptcy attorney websites?Could anybody who practices bankruptcy law in Arizona be as nice as they sound on their Arizona bankruptcy lawyer websites?I mean, based on their paid advertising websites, all bankruptcy lawyers in Arizona have the following benevolent personality characteristics: they are kind, compassionate, respectful, dedicated, aggressive (no particular concern for consistency, would be my guess), experienced, respectful, knowledgeable, talented, caring, responsive, honest, and...

So How About those Educational Videos for Consumer Debtors about Chapter 7 and Chapter 13 Bankruptcy Cases?

Posted on August 12, 2010
This is just me being a big old whiny-baby. Has anybody else tried to make educational videos for consumers about bankruptcy topics involved in Chapter 7 cases? Or Chapter 13 or Chapter 11 or Chapter 12?It's a lot harder than it looks when you watch those folks on television, like weathercasters and newscasters...

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We're Not Number One! A Celebration, Of Sorts, For Lawyers! And Small Business Owners in AZ and Elsewhere!

Posted on August 12, 2010
This is just a recap of a post on my Just for Lawyers blog, but it has this relevance to my small business owner clients: the general population apparently understands that small business owners and people who start their own businesses are the most important spark-plug (remember those?) in our economy...

Is It A Good Idea, When You are Insolvent, to Have Your Name on Sonnyboy's Bank Account? Or to put Sonnyboy's Dough In Your Bank Account????

Posted on August 11, 2010
Some folks have families.No kidding. Some people love their kids and their parents. You heard it here first. So there are a lot of things that people do to try to make things easier for Mom, or Sonnyboy, or their beloved daughters. One of the common mistakes that I get to hear about is the parent who has a joint account with Sonnyboy...

Top Ten Consumer Bankruptcy Options NOT To Use in Arizona; These Top Ten non-Bankruptcy Alternatives Don't Work Very Well!

Posted on August 09, 2010
A lot of people give other people advice about bankruptcy and non-bankruptcy alternatives in Arizona. And a lot of people don't know what they're talking about. Recently I heard about a very nice lady who had been advised to ignore a major bank credit card debt totaling a bit more than $10,000...

Misery Loves Company; And Lawyers Are About To Join You in Your Misery!

Posted on August 08, 2010
Let's look back over the last half-century: we started with more than enough jobs for everybody in the United States, and they were good jobs that paid well, because they were in industry or agriculture or other areas that actually produced a product that people needed to buy, and workers in our auto plants spent their money buying clothes and food and televisions produced in the United States, and everybody was happy...

If You Can't Make Money On Heart Surgery, Then This Is a Depression! Arizona Heart Institute Files Bankruptcy!

Posted on August 07, 2010
When people come in to see me to talk about a bankruptcy of some flavor for the family business, they often say that the business has supported two or three generations of their family, and they never expected it to file a bankruptcy. And they never expected to file a personal consumer bankruptcy because of the debt they guaranteed with the Small Business Administration; and a lot of 'em don't even understand that the SBA took a mortgage on the family home when it gave 'em the dough...

Other Lawyers Have Built Educational Consumer Bankruptcy Law Videos, Too!

Posted on August 06, 2010
Very, very soon, bankruptcy will be a sort of popcorn practice area of law.That is, a potential bankruptcy debtor under either Chapter 7 or Chapter 13 or Chapter 11 will pop some popcorn, get some soda, and then watch ten hours of educational videos about bankruptcy law in her home state, and learn how it all works, and better understand his personal consumer bankruptcy options and bankruptcy and non-bankruptcy alternatives...

GUYS!!! COME ON!! If You Have Your Dough in a Bank Where You Owe Money, Is that a Good Thing? Really?

Posted on August 05, 2010
I'm just sayin'.Because the bank just grabbed $40,000 from a nice man who would have preferred to use some of it to keep his business alive and to provide rehab for his wife, who can't move her arms and legs very well right right now. So let's ask ourselves this question: if you are in default, even a little bit, and you have a lot of money in a bank account in that same bank where you owe money, do you think there's some chance that your bank account will read zero in the near future?Well, do ya? p...

When The U.S. Trustee's Office Strikes!

Posted on August 04, 2010
Maybe it's because it's monsoon season, and the barometric pressure and humidity are wacky, but we've been getting a lot of phone calls recently from people who have cases that are subject to dismissal by the U.S. Trustee's Office for Substantial Abuse of the Bankruptcy Process...

Who Would You Rather Owe, A Credit Card or Uncle Sam? An Interesting Article About Using Credit Cards to Pay Taxes Prior to Bankruptcy

Posted on August 04, 2010
I recently read an interesting article about using credit cards to pay taxes prior to bankruptcy, then waiting until the debtor is well outside the 90-day presumption period prior to filing a bankruptcy.There's a specific statute that makes credit card debt use to pay taxes nondischargeable...

So Is This Depression Over? I Don't Think So!

Posted on August 03, 2010
So Greenspan says we've recovered, but official unemployment will stay around 9.5%; and you and I know that means real unemployment is at 20% or higher.And why should I keep getting advertisements for seminars to help lawyers enforce judgments? Yeah. That's right...

High Income Bankruptcy Cases and the 2005 Amendments

Posted on August 03, 2010
Because my consumer and small business bankruptcy practice in Arizona has some days with back to back doctors, lawyers and cpas, I've had to figure out how to address a series of issues relating to the dreaded Means Test and high income, high debt professionals in bankruptcy...

Do I Have to Include This Credit Card in my Bankruptcy? Do I Have to Include My House in my Bankruptcy? Do I Have to Include My Car in my Bankruptcy?

Posted on August 03, 2010
Yes.I always know when somebody doesn't do their homework before they come in to see me, because this is one of the questions that crops up with some frequency. In fact, it's probably one of the top ten most frequently asked bankruptcy questions in Arizona...

Some People Who File Bankruptcy in Arizona have High-Milage Cars. And Need a Laugh.

Posted on August 02, 2010
Contemplating Chapter 7 Bankruptcy in Arizona? Thinking about bankruptcy? Need a laugh?So maybe you have a high-mileage car that works well, and if it's worth less than $5,000, it will be exempt in Arizona in your bankruptcy. Or $10,000, if you're crippled...

How To Research Bankruptcy Law in Arizona and Resources and Information About Arizona Bankruptcy Cases, Whether Chapter 7, 13, 11, 12 or 9!

Posted on August 01, 2010
Back in the Paleolithic Period, my then-boss, U.S. Bankruptcy Judge Vincent Maggiore, tasked me with building a guide to researching bankruptcy law for the poor lawyers who were struggling with what we then called "The New Code".Thirty years ago.The State Bar of Arizona re-published my little bankruptcy research guide sometime later, and that made me feel good...

"Do I Get to Keep My Horse in My Bankruptcy Case in Arizona?"

Posted on July 30, 2010
Yes.And I say yes for a bunch of reasons, because the legal analysis is the same as a diamond ring, but a little better, because diamond rings don't eat, step on folks, poop, or die. Trustees don't much want assets that eat, and require boarding, and medical care, and food (horses eat a lot, you know?), poop, or that step on people and cause lawsuits for the bankruptcy estate...

Here's a Consumer Bankruptcy Video About Nondischargeable Debt, Although It has Some Scary Moments; Kinda Like an AZ Consumer Bankruptcy Case!

Posted on July 29, 2010
I think this bankruptcy video is a little on the confusing side, but my first several consumer bankruptcy videos are so goshawful that I have little room to criticize; and this consumer bankruptcy video does have some useful information, if only to provoke questions when you visit an experienced Arizona bankruptcy attorney...

Why California is Bankrupt, and Arizona Does not Contemplate Bankruptcy. At all.

Posted on July 28, 2010
Clients and potential clients, this is just a gag. Don't bother reading this if you're busy. If you want a chuckle, read on!Why California is Going Bankrupt, and Arizona is Solvent! California:The Governor of California is jogging with his dog along a nature trail...

Doing Research On Az Bankruptcy Information Before Filing Bankruptcy is Very Good; But It Won't Turn You into an Experienced AZ Bankruptcy Lawyer!

Posted on July 27, 2010
I just got off the phone with a really smart guy who had done a ton of research into bankruptcy law in Arizona, thought a lot, agonized, and then reached a bunch of really, really wrong conclusions. Here's why!When you start to play chess, you learn the names of the pieces...

Why is The Bill Collector on Your Credit Card Accounts More Dangerous than the Vampires on "True Blood"?

Posted on July 25, 2010
There's a guilty pleasure television series called "True Blood" about a pretty blond girl who dates vampires and werewolves. If you think a television soap opera with fangs, you won't be far off. So why is the collector for the credit card company more dangerous than the vampires on the "True Blood" series?First, of course, because he's real, not imaginary (didn't see that one coming, did you?)...

"Why Did They Ask the Value of My Dogs in My Bankruptcy Schedules? Will the Arizona Bankruptcy Trustee take my Dogs?"

Posted on July 24, 2010
The trustee who is appointed in your bankruptcy case does not usually want to take away your dogs. Dogs eat. Trustees don't like assets that eat, defecate, or die. Or bite. Did I leave out bite?I remember a case many years ago in which a debtor had a very valuable wolf/dog cross, and properly listed it at a value far above the pet exemption in Arizona...

Do You Think That Maybe There'd Be More Jobs and Fewer Bankruptcy Cases if There Were More Factories? You Decide!

Posted on July 24, 2010
When I was growing up, the teachers at my school were, to a large extent, World War II Veterans. They were all patriotic, and all had taken loyalty oaths to the United States, either in the service, or as part of becoming a teacher. And in our music classes, we sang Christmas Songs, and our teachers taught that this was the greatest country in the world, and they were right, of course...

Should I File a Bankruptcy? Must I File a Bankruptcy? Do I Have to File a Bankruptcy? Will My Creditors Force Me Into Bankruptcy? What Is Involuntary?

Posted on July 24, 2010
Let's talk about decision trees, which are just tools used to make decisions in complex situations. Except your situation is not complex. The fact that you are reading this post tells me that there is a bankruptcy in your future; we just don't know when and which Chapter (type) of bankruptcy...

There Must Be Fifty Ways to Leave Your Lender! How Do I Give Back My House Before or After my Bankruptcy in Arizona?

Posted on July 23, 2010
I'll come back to this topic in the future, but recently I've been asked how you give back a house to the lender both before and after you file bankruptcy in Arizona. Well, it's a little like the Paul Simon song. It's pretty easy. And there's no way to do it by the book, because there is no book...

So What Happens If You Fail to List a Creditor Who is Suing You?

Posted on July 23, 2010
See, the reason they call it the Automatic Stay at 11 USC 362 is that it's automatic. It is effective even if the creditor doesn't have notice or knowledge of it; it doesn't need to be served. It is probably the broadest injunction in the entire body of United States law, because it is designed to stop the "race of diligence" among creditors, and to protect the debtor and the bankruptcy estate, in Arizona and the rest of the country...

Here's the Good News About Bankruptcy. You Don't have to Make any Decision at All! Your Creditors Will Ultimately Make You a Part of Their Plan!

Posted on July 23, 2010
See, deer-in-the-headlights syndrome is far more common today than it was before the 2005 Bankruptcy Amendments were passed.Because some people are put to the test: what decision will you make? Will it be a Chapter 7, and what choices do you make so you can file that kind of more-desirable bankruptcy in Arizona? Or will you file a Chapter 13, because you don't qualify for a Chapter 7 today, and trap yourself in a five-year payment plan? Or will you pay a bankruptcy lawyer in Arizona twenty-five to fifty thousand dollars to file a personal Chapter 11? Or maybe you'll just do nothing, and wait while your properties are foreclosed upon, and judgments pile up...

There is No "Easy Button" for a Bankruptcy in Arizona; There is No "Instant Bankruptcy Button" for an Arizona Bankruptcy. It's a Process; Takes Work!!

Posted on July 22, 2010
I Wish I Had a Staples Easy Button for Filing Bankruptcy Cases in Arizona. But I Don't.Bankruptcy is a process. It was lot faster in Italy, where the word came from: "banco rotto", or broken bench. If you did business in the city square, on a banco (bench), and you didn't pay your creditors, they broke your bench...

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