FAQ2018-10-19T00:18:54+00:00

FAQs

Frequently Asked Bankruptcy Questions

Question:  How long will it take before I get a discharge of my Phoenix bankruptcy case?

FAQ Answer:  Keep in mind, there is no guarantee of a discharge when you file your bankruptcy case in Phoenix.  However, here are the average time for bankruptcy discharges in Phoenix:
Chapter 7 bankruptcy cases:  The average discharge time is 5 to 6 months after filing.

Chapter 13 bankruptcy cases:  Are set up by the bankruptcy court trustee to run for 36 to 60 months; once all payments are made and provisions of the Chapter 13 plan have been fulfilled, the chapter 13 bankruptcy will be discharged.

Chapter 11 and Chapter 12 bankruptcy cases:  Chapter 11 and 12 bankruptcies are on a case by case basis.  Usually they are structured by the bankruptcy trustee to be shorter than Chapter 13 case, however, it will depend on the individual circumstances of the case.

Question:  Do I have to go to court in order to file for bankruptcy?

FAQ Answer:  Yes, the Arizona bankruptcy law requires that you attend a Section 341 (Meeting of Creditors).  A 341 Hearing in Phoenix, Arizona is conducted by the bankruptcy trustee assigned to your case.  If filing a bankruptcy in Maricopa County, your 341 hearing will be held at:
Phoenix Division U.S. Courthouse and Federal Building

Address:
230 N. First Ave, Suite 101
Phoenix, AZ 85003

Phone:
General:
602-682-4000 or 800-556-9230

Click for more information about Phoenix Bankruptcy Court.

At your Phoenix 341 Hearing, the Arizona bankruptcy trustee will ask you questions about your petition, assets, and liabilities.  In most cases, this court appearance is the only one required, and you will not even see the judge assigned to your case.  In addition, your Phoenix bankruptcy lawyer, will attend your 341 Hearing with you to protect your interests.  Our Phoenix bankruptcy lawyers will be there for you every step of the way throughout your bankruptcy filing.

Question: If my paycheck is garnished, Can I get any of that money back?

FAQ Answer:

Would Filing Chapter 13 Bankruptcy Help?
Filing bankruptcy will stop any wage garnishment that is already in place.  However, monies previously taken from you are probably gone.  Any funds that have been taken from you in a garnishment will not be returned.  These aforementioned funds may be claimed by the bankruptcy trustee and distributed to your creditors to pay the debt of your bankruptcy estate.
The bankruptcy trustee will be able to take back up to 90 days of funds paid to a garnishment once you declare for bankruptcy protection.  The trustee is able to determine that your garnished money is a preferential payment to a creditor and will order the last 90 days of garnished funds to be turned over.  This will really not affect you but will not make the creditor who has been garnishing you very happy at all.
However, sometimes mistakenly, a garnishment will continue to be taken out of your paycheck after the filing of your bankruptcy petition.  An experienced bankruptcy attorney in Phoenix can assist you to assure that no more of your hard earned wages are taken in a garnishment.  Phoenix bankruptcy attorneys Ryan Dorn and Jacob Goodman are the knowledgeable debt relief
experts you want on your side.
When you File Bankruptcy Is Important!
When you file for bankruptcy directly affects if your next paycheck can be garnished,  It is important to realize that your bankruptcy filing date must be before the end of your pay period, not just before your actual pay date. If your pay period ends before the date of your bankruptcy filing, chances are, those funds will also be lost.
Sound confusing?  Garnishments can be very tough to navigate if you are attempting to do-it-yourself.  It is recommended, hire a bankruptcy lawyer.  It can help make the process of stopping a garnishment run much more smoothly as your attorney notifies both your payroll department at your job and the creditor who is garnishing your wages.  Our experienced Phoenix bankruptcy attorneys assure that you keep as much as your earned monies as possible.

Address:
230 N. First Ave, Suite 101
Phoenix, AZ 85003

Phone:
General:
602-682-4000 or 800-556-9230

Click for more information about Phoenix Bankruptcy Court.

At your Phoenix 341 Hearing, the Arizona bankruptcy trustee will ask you questions about your petition, assets, and liabilities.  In most cases, this court appearance is the only one required, and you will not even see the judge assigned to your case.  In addition, your Phoenix bankruptcy lawyer, will attend your 341 Hearing with you to protect your interests.  Our Phoenix bankruptcy lawyers will be there for you every step of the way throughout your bankruptcy filing.

Question: What is the Automatic Stay in Bankruptcy and How Does it Work?

FAQ Answer:

When a consumer files for bankruptcy protection all collection efforts, law suits, and garnishments are halted. These collection efforts are halted because of “The Automatic Stay”.   An Automatic Stay is used in both chapter 13 and chapter 7 bankruptcies.  It is one of the most powerful tools offered to you when declaring bankruptcy.
automatic stay infographicWhat exactly is The Automatic Stay?  The Automatic Stay is just that, a stay. While a stay is not permanent the stay can provide temporary relief from most collection efforts. The stay goes into effect the moment that a bankruptcy case is filed.  The automatic stay remains in place until the bankruptcy is either discharged, dismissed, or the creditor files and is successfully granted a motion to lift the stay. The stay is awarded in both Chapter 7 and Chapter 13 bankruptcy filings.
When a bankruptcy case is filed, a list of creditors is required to also be filed with the bankruptcy. The bankruptcy court will then send out notice to each creditor listed on the bankruptcy petition to notify the creditor of the stay.  An experienced bankruptcy attorney can assist you with this and all other paperwork regarding a bankruptcy filing.
Automatic Stay and Emergency Bankruptcy Filings
When immediate action is needed, such as to stay a foreclosure, repossession, or wage garnishment, it may be in the debtor’s best interest to call the creditor and provide their case number or fax over a notice of filing.

The Automatic Stay will stop most actions, but not all. Certain things like child support, criminal restitution, divorce proceedings, taxes, and some evictions cannot be stalled by the Automatic Stay. It is important to speak with a lawyer to determine if the Automatic Stay will help your particular situation.

If you are behind on your car payments or mortgage payments and file a Chapter 7 bankruptcy, the creditor will usually petition the court to remove the stay so that they may proceed with a garnishment or foreclosure. You will typically have a 20 day period to respond. If you are wanting to keep the property you are behind on than a Chapter 13 may be a better option and your attorney can advise you as to which chapter would best benefit you.

Address:
230 N. First Ave, Suite 101
Phoenix, AZ 85003

Phone:
General:
602-682-4000 or 800-556-9230

Click for more information about Phoenix Bankruptcy Court.

At your Phoenix 341 Hearing, the Arizona bankruptcy trustee will ask you questions about your petition, assets, and liabilities.  In most cases, this court appearance is the only one required, and you will not even see the judge assigned to your case.  In addition, your Phoenix bankruptcy lawyer, will attend your 341 Hearing with you to protect your interests.  Our Phoenix bankruptcy lawyers will be there for you every step of the way throughout your bankruptcy filing.

Our Phoenix Bankruptcy Attorneys and Bankruptcy Lawyers in Phoenix will answer all of your questions regarding bankruptcy, debt relief, and discharge of your debts!  Get your FAQ answers here.

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Zip Code Areas in Phoenix That We serve:

  • 85001
  • 85002
  • 85003
  • 85004
  • 85005
  • 85006
  • 85007
  • 85008
  • 85009
  • 85010
  • 85011
  • 85012
  • 85013
  • 85014
  • 85015
  • 85016
  • 85017
  • 85018
  • 85019
  • 85020
  • 85021
  • 85022
  • 85023
  • 85024
  • 85025
  • 85026
  • 85027
  • 85028
  • 85029
  • 85030
  • 85031
  • 85032
  • 85033
  • 85034
  • 85035
  • 85036
  • 85037
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  • 85040
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  • 85045
  • 85046
  • 85048
  • 85050
  • 85051
  • 85053
  • 85054
  • 85055
  • 85060
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  • 85076
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  • 85078
  • 85079
  • 85080
  • 85082
  • 85085
  • 85086
  • 85087
  • 85098
  • 85099

Neighborhood Areas in Phoenix That We serve:

  • Downtown phoenix

  • Ahwatukee

  • Central Phoenix

  • South Phoenix

  • North Phoenix

  • Desert Ridge

  • Camelback East

  • Deer Valley

  • Biltmore

  • North Mountain

  • South Mountain

  • Norterra

  • Maryvale Village

  • Estrella Village

  • Encanto Village

  • Paradise Valley Village

And the surrounding areas of the Phoenix Metro

DISCLAIMER:  The information you obtain at this Arizona Bankruptcy Law web site and on this FAQ page is not, nor is it intended to be, legal advice.  You should consult a Phoenix lawyer for advice regarding your individual situation.  Also, our Arizona Bankruptcy lawyers and staff invite you to contact our Arizona Bankruptcy Law Firm and welcome your calls, letters, and electronic mail.  Contacting us does not create an attorney-client relationship.  Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  Thank you for visiting our Phoenix debt relief web site.

Serving clients throughout Arizona, including the communities of: Anthem, Apache Junction, Avondale, Buckeye, Casa Grande, Cave Creek, Chandler, Dateland, Fennemore, Flagstaff, Fountain Hills, Gila Bend, Gilbert, Glendale, Holbrook, Kingman, Lake Havasu City, Marana, Mesa, Nogales, Peoria, Phoenix, Phoenix Metro, Queen Creek, Sacaton, Santan, Scottsdale, Sedona, Seligman, South Santan, Sun City, Sun City West, Sun Lakes, Surprise, Sweetwater, Tempe, Waddell, Williams, Winslow, Youngtown, plus, areas in the vicinity of Luke Air Force Base, Phoenix Sky Harbor International Airport, Mesa Gateway Airport, and other communities in Maricopa County.