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Student Loans & Bankruptcy – Interview with Diane Drain and Bobby Zavala
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LAWGITIMATE Attorney Diane Drain and Bobby Zavala with University of Dubuque
Diane Drain established her law firm in 1991 in order to provide education for those facing financial troubles. She believes that basic legal advice should be free and her commitment is to help her clients get their lives back on track. Her greatest reward is helping a family to establish credit so they can purchase a vehicle or home.
Diane loves her work. As a well known Phoenix bankruptcy attorney, she truly believes that “when you find your passion, going to work every day is a joy, not a job.” Her clients and fellow lawyers can attest to her passion and commitment to excellence. She practices only the areas of bankruptcy and foreclosure laws.For many years our clients and fellow lawyers rate my work as the highest possible.
Diane is a retired professor of law and taught bankruptcy since 1990 to both law students and the general public. Diane’s clients and peers have given her the highest possible rating in both legal ability and ethical standards.
Diane’s code: to quote Abraham Lincoln: “Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser – in fees, expenses, and waste of time.  As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.” “The Collected Works of Abraham Lincoln edited by Roy P. Basler, Volume II, Notes for a Law Lecture, July 1, 1985, p. 81” ]
Connect with Diane on LinkedIn, Facebook and Twitter.
Bobby Zavala with University of Dubuque The University of Dubuque is a private university offering undergraduate, graduate, and theological seminary degrees, and other educational opportunities with the intention of educating and forming the whole person. The university is comprised of individuals from the region, our nation, and the world.
The LIFE advantage: The University of Dubuque designed the Learning Institute for Fulfillment and Engagement specifically for adult learners. LIFES’s accelerated degree program and services–available during the hours you need them–help you balance your family life, your career, and your studies.
The University of Dubuque (UD) LIFE Adult Learning Program offers a Bachelor’s Degree in Human Resources, Marketing, Health Care Administration, Accounting, and Criminal Justice. UD also offers a Master’s Degree in Business Administration (MBA). Convenient scheduling: Classes are Monday -Thursday; Classes are face to face; Classes are from 6PM-9PM; Students take one class per session; Students can attend nine sessions per year; Sessions are five weeks in length; Childcare will be provided for children of students enrolled in the LIFE accelerated degree program.
An Arizona native, Senior Director Bobby Zavala has over 20 years of Active Military Service and 10 years Law Enforcement experience. He is a Deputy Sheriff with the Cochise County Sheriff’s Office. During his tenure with the Cochise County Sheriff’s Office he was a General Instructor, Physical Fitness Instructor, RADAR Instructor, Team Leader for the Accident Investigation Team, and a Field Training officer. He culminated his previous ten years as a Tactical Flight Officer and the Training Officer for the Aviation Support Unit “Geronimo”. He is still a Certified Arizona Peace Officer and remains on Reserve status with Cochise County.
He is active in the Phoenix area with many Civil Rights and Veteran groups. He is currently the Deputy Director of District 1 (LULAC), League of United Latin American Citizens, LULAC State Deputy Director of Elderly Affairs, Chair of the Tempe Military Affairs Committee (MAC), member of the Tempe Diplomats, a Life member of the Veterans of Foreign Wars (VFW) and a member of the American Legion. Senior Director Bobby Zavala holds a Bachelor of Science Degree from Wayland Baptist University and is in pursuit of a Master’s Degree in Criminal Justice.
Bobby is married, lives in Maricopa and enjoys reading, long distance running, spending time with his family.
Follow the University of Dubuque on LinkedIn and Facebook.
Special Guest Host
Mike Poulton, with Poulton & Noroian, was born in North Carolina, and has lived in Nebraska, Kansas, Vermont and Arizona throughout his life. Mike earned a Bachelor’s Degree in Construction Management with minors in Physics and Business from the University of Nebraska – Lincoln. As an undergraduate, he worked as a physics research assistant in the Polarized Electron Group at UNL, designing and building scientific apparatus in support of a national nuclear physics research project. Prior to his career in law he was a project engineer and field superintendent for an international commercial contractor, helping manage large office and retail construction projects in Phoenix.
Mike attended the Sandra Day O’Connor School of Law at Arizona State University, where he was awarded the Charles E. Jones Merit Scholarship and was named a Scholar at the Center for the Study of Law, Science and Technology. He won the Moot Court Oral Argument Competition and was an editor of Jurimetrics, the academic journal of the American Bar Association’s division of Law Science and Technology. His published article “Particles of What? A Call for Specificity in Airborne Particulate Regulation” won Best Student Note, and was a nominated for the American Society of Legal Writers Law-Review Award Competition.
Mike’s legal practice draws on his knowledge and experience in other fields to serve his clients. As an experienced science researcher, Mike understands technical issues that many other attorneys cannot, and applies that knowledge for his clients’ benefit. His construction management experience also provides him with a broad knowledge base not only in construction law, but also in regulatory compliance, worker safety, and negotiation.
In addition to law, Mike has a passion for hands-on work with technological hardware and has a number of projects he is actively pursuing at any time – presently including an attempt at the world speed record for a hovercraft. He is a professional pyrotechnician who frequently produces public fireworks displays on the Fourth of July and other holidays. He has worked on the crew of many electronically fired shows in Kansas, Nebraska, Ohio, Vermont, and Arizona and has set up explosive special effects at airshows around the country. Mike has been active in canine search and rescue to find lost and missing people in the wilderness of Arizona, is a ham radio operator, a gun collector, amateur watchmaker, and enjoys camping in the mountains of Prescott, Arizona.
Michael is licensed to practice law in Arizona and is admitted to practice before the U.S. Federal District Courts in Arizona.
Connect with Mike on LinkedIn.
About This Show 
Lawgitimate and its awesome guests highlight everyday financial topics including credit scores, debt management, small business, and real estate.
Lawgitimate’s goal is to raise awareness and provide the full perspective, including the legal lens attorneys use to address these complicated and fun topics.
About Your Host
Rochelle Poulton is an attorney and owner of AZCLG. Rochelle has been helping people with Credit and Debt issues since 2012, owns several small businesses, and has nearly 20 years of real estate experience.
Rochelle created Lawgitimate to bring in a network of awesome people to raise awareness and educate people about the litany of legal issues she faces everyday at AZCLG.

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The post Student Loans & Bankruptcy – Interview with Diane Drain and Bobby Zavala appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy & Foreclosure Attorney.

This final piece of
Wynn at Law, LLC’s short Estate Planning series looks at how you can
express your wishes when you’re still alive but might not be able to
communicate. Injuries and illnesses are facts of aging. Our first
article in the series mentioned that fewer than one in three
Americans have a Living Will. Even fewer have a Power of Attorney.

First, a bit about the
difference between the two tools before we get into the types of
Powers of Attorney – or POAs. Both come into play when you are not
able to express your wishes. A Living Will identifies your wishes in
the event of very specific health care situations. While a Health
Care Power of Attorney allows someone else to make your wishes known
on their behalf and make decisions in your best interests. Generally,
a Health Care Power of Attorney grants broad authority to your agent
to act on your behalf, whereas a Living Will gives specific direction
in the event of a defined health situation. Does it hurt to have
both a Living Will and a POA? That is a great question for your
Estate Planning Lawyer (a case-by-case answer you cannot get online),
but in general, no.

Two Powers of
Attorney

The ability to have
someone act on your behalf via a POA can be limited, rather than just
giving your designee – or agent – act unilaterally for you. The
POA is usually viewed as either a Health Care POA or Financial POA.

Health Care POA:
This document gives an individual the power to make medical decisions
for you if you become incapacitated. These decisions can include
institutional admission, life support, or surgery.

Financial POA: This
document designates an agent to manage your finances if you become
incapacitated or are unable to make informed decisions for yourself.
This is also important if a person can still make decisions, but
cannot speak or physically sign his or her name. Rather than adding
an agent as a co-owner of an account, exposing that account to the
agent’s debts, a POA allows them to sign checks you direct them to
sign.

The stats favor
using a POA

Not many Wynn at Law,
LLC clients will legitimately say they enjoy the reality of Estate
Planning. You are, after all, planning for the end of life. Your
life. It’s potentially a warm, caring topic that gets overshadowed by
morbid stigma about death and dying. The disability part of the
conversation is even more difficult because, by nature, we don’t want
to think about being alive but incapable of acting for ourselves.

The statistics say we
need to pay more attention to POAs. The Administration on Aging’s
2018 Profile of Older Americans concluded that 62 percent of
adults over 65 had two or more chronic conditions. And it isn’t just
a concern to wise up to once you retire. More than one in four of
today’s 20-year-olds can expect to be disabled before they reach
retirement according to the Social Security Administration. An
expertly drafted POA can help prevent incapacitation from turning
into an emotional and financial family tragedy.
The post Your Estate Planning Toolbox: Powers of Attorney appeared first on Wynn at Law, LLC.

Many clients have contacted us regarding the discharge of taxes in bankruptcy,
offers in compromise and installment agreements with IRS and recently  penalties
assessed by IRS.

The IRS offers 3 types of penalty relief:

1. Reasonable Cause-this appears to be our best chance  to abate penalties
2. Administrative Waiver and First Time Penalty Abatement
3. Statutory Exception for example a taxpayer  got bad advice from IRS

Reasonable cause is relief we may grant when a taxpayer exercises ordinary business care and prudence in determining
their tax obligations but is unable to comply with those obligations due to circumstances beyond their control.

Reasonable Cause is based on all the facts and circumstances in your situation. 
The IRS will consider any reason which establishes that you used all ordinary business care and prudence to meet your
Federal tax obligations but were nevertheless unable to do so.

Typical fact patterns involving reasonable cause for failure to file a tax return, make a deposit, or pay tax when due include:

1. Fire, casualty, natural disaster or other disturbances
2. Inability to obtain records
3. Death, serious illness, incapacitation or unavoidable absence of the taxpayer or a member of the taxpayer’s immediate family

Jim Shenwick, Esq. has an LLM in Taxation from New York University Law School

The Last Will and Testament and other forms of the Will were covered in our most recent article. Often going alongside a Will is one or more trusts. A revocable living trust is the tool in the Estate Planning Toolbox for holding and distributing a person’s assets to avoid probate. In its simplest definition, the Trust is an entity separate from you that allows you pass assets anyone designated in the trust.

First, a word about probate. Probate is a court process that oversees the administration and distribution of the assets of a deceased person. As part of the process, the court system validates a person’s Last Will and Testament, if they have one. While the probate process is not “scary,” it can eat up a lot of time and money. That is all the more reason to turn to an experienced Estate Planning attorney for help in how to avoid that unnecessary cost and delay.

A Trust skips the
probate process

How does a Trust skip
the probate process? A Trust is an entity separate from you that
holds your assets while your alive and sets forth how you want your
assets handled after your passing. Since a Trust is a separate entity
from personally, when you pass away your Trust continues. Since a
Trust cannot “pass away” anything titled in the name of the Trust
would not be subject to the probate process. Properly titling assets
in the name of a Trust, often referred to as “funding,” avoids
probate on those assets. This is why an experienced attorney will
talk you through the process of retitling assets into your Trust.

Listing assets,
changing titles

After the Trust is set
up, the Trust ‘owns’ the property. A Trust is only worth the assets
that are titled into it. This is the step that trips up many who
don’t use an attorney for the trust. For many things – jewelry or
collections as examples – the trust simply lists the assets in
detail. Real estate is a bit different in that the deed or title (see
related article) has to be changed to list the trust as the actual
owner of the property. This isn’t complicated. Still, when this step
is overlooked, your assets could end up in probate.

Avoid double
counting and under counting

Your retirement plans
and insurance policies already have beneficiaries. This money doesn’t
end up in probate, but the assets also don’t flow into a trust,
unless you’ve set the trust as the beneficiary. That tactic can seem
confusing, but it points out the importance of looking at
beneficiaries of things like life insurance and IRAs at the same time
as the trust is created. You might have even forgotten who you listed
as the beneficiary over the years since opening the IRA or policy.

In the last article, we covered the Pourover Will. The pourover helps you take care of assets you may have overlooked by sweeping them into a trust. In our next article, we’re going to cover Powers of Attorney that will help you take care of yourself.
The post Your Estate Planning Toolbox: Trusts appeared first on Wynn at Law, LLC.