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There is so much mis-information about bankruptcy and how it works, or does not work.  Know your options before making any decision to file or not to file bankruptcy or participate in a “debt workout scheme”.

Below is a YouTube video presented by John Oliver, who does a fairly decent job describing the challenges with filing bankruptcy, including the history of our current bankruptcy laws.
Please excuse the occasional foul language or crude comments.  The substance is worth the viewing.

.fusion-body .fusion-builder-column-1{width:100% !important;margin-top : 0px;margin-bottom : 0px;}.fusion-builder-column-1 > .fusion-column-wrapper {padding-top : 0px !important;padding-right : 0px !important;margin-right : 1.92%;padding-bottom : 0px !important;padding-left : 0px !important;margin-left : 1.92%;}@media only screen and (max-width:980px) {.fusion-body .fusion-builder-column-1{width:100% !important;}.fusion-builder-column-1 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:640px) {.fusion-body .fusion-builder-column-1{width:100% !important;}.fusion-builder-column-1 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:980px) {.fusion-title.fusion-title-1{margin-top:15px!important; margin-right:0px!important;margin-bottom:0px!important;margin-left:0px!important;}}@media only screen and (max-width:640px) {.fusion-title.fusion-title-1{margin-top:10px!important; margin-right:0px!important;margin-bottom:10px!important; margin-left:0px!important;}}MUSINGS BY DIANE:Educate yourself and never assume that”cheap” really means cheap.  It means that you will pay later.  It may mean your cheap attorney treats you like a cash register.  They don’t take the time to educate you or fully inform you about the serious issues that are part of a path you are choosing to take (like filing bankruptcy).  You pay a fee to file the bankruptcy, then pay or lose triple that to get out of the problems your attorney “forgot” to tell you about (like using your tax refunds or your mother being sued because you paid her back just before filing the bankruptcy).  Why did they forget?  Because they can make triple the fees.  It is that simple. 
My point is that ‘cheap’ is never cheap.  Take time to investigate anyone you are hiring, whether a plumber, handyman or attorney.  Ask lots of questions about what you are obligated to do in the long run.

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• Hiring a Cheap Lawyer is very Expensive
• How do I find a Good Attorney?
• 60 and Over in the Time of COVID-19? Tips to Stay Financially Healthy.
• Bankruptcy after COVID-19. What Should You Do to Avoid Mistakes?
• 10 Things You Need to Know Before Filing Bankruptcy

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The post Bankruptcy, Explained by John Oliver appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy Attorney.

Although COVID-19 turned most industries upside down, the housing market is doing better than ever. Prices are skyrocketing, you’ll rarely see vacant homes, and only a few homeowners have completely been foreclosed on. Even if foreclosure is coming your way, the national housing shortage gives you the opportunity to sell your home for more than it’s worth…and fast!
From the article:

“So if homeowners can’t make their mortgage payments, they can take another path, one far less painful than foreclosure: sell, often at a hefty profit….’Right now, we’re at very low housing inventory rates, just a record low,’ says Marina Walsh, vice president of industry analysis at the Mortgage Bankers Association. That means homes are selling quick, often for well over the asking price as buyers compete over them. ‘There’s just not enough housing out there for the demand, which is a big, big change from the Great Recession.'”

.fusion-button.button-1 {border-radius:2px;}Read The Full Article.fusion-body .fusion-builder-column-0{width:100% !important;margin-top : 0px;margin-bottom : 20px;}.fusion-builder-column-0 > .fusion-column-wrapper {padding-top : 0px !important;padding-right : 0px !important;margin-right : 1.92%;padding-bottom : 0px !important;padding-left : 0px !important;margin-left : 1.92%;}@media only screen and (max-width:1138px) {.fusion-body .fusion-builder-column-0{width:100% !important;order : 0;}.fusion-builder-column-0 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:900px) {.fusion-body .fusion-builder-column-0{width:100% !important;order : 0;}.fusion-builder-column-0 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}.fusion-body .fusion-flex-container.fusion-builder-row-1{ padding-top : 0px;margin-top : 0px;padding-right : 0px;padding-bottom : 0px;margin-bottom : 0px;padding-left : 0px;}
The post The Surprising Reason the Nation May Avoid Another Foreclosure Crisis appeared first on Allmand Law Firm, PLLC.

Being overwhelmed with financial debt can sometimes lead you to choose bankruptcy as a last resort. It can be a great tool for debt relief, but filing for bankruptcy is a serious decision that you have to think through. The bankruptcy filing has certain advantages and disadvantages, and it is up to you to weigh the pros and cons between filing and not filing.
In simple terms, a bankruptcy filing is a legal way for individuals dealing with unmanageable debts to get a fresh start. Once you filed a bankruptcy petition, you’ll have the option to clear certain debts and to get a fresh financial start by either temporarily or permanently preventing lenders and debt collectors from collecting payment for your debts. When filing bankruptcy, a bankruptcy court will look into your living expenses, monthly income, and the types of debt you owe to your creditors to determine which type of bankruptcy best suits your needs. To do this, a bankruptcy means test is conducted.
A bankruptcy means test also determines whether you can wipe out your debt through Chapter 7 bankruptcy, or get a debt repayment plan through a Chapter 13 bankruptcy.
Bankruptcy cases usually involve both non-dischargeable and dischargeable debts. Some examples of dischargeable debts are unsecured debts (not backed by any underlying assets) like medical bills, credit card bills, and utility bills. On the other hand, non-dischargeable debts, are secured debts (backed by collateral), alimony and child support, student loans, and tax debts.
Once you filed a bankruptcy, you will either receive a) debt discharge, b) a court order relieving you of duty to repay certain debts, c) a loan repayment plan, or d) a debt settlement. Before filing, it is best to seek the advice of a bankruptcy attorney in Portland to help you determine the best type of bankruptcy that is most suitable for you. 
There are different types of bankruptcy chapters, and the most common are Chapter 13 and Chapter 7. When filing Chapter 7, your case will be evaluated by a bankruptcy trustee who will also oversee the selling of your nonexempt assets, where the proceeds will be used to repay or partially pay off your debts. 
In Chapter 13, you’ll have the option to keep your estate and assets as long as you can pay your creditors. Also known as a wage earner’s plan, it enables debtors with regular income to come up with a plan to repay all or some of their debts in 3-5 years. Filing bankruptcy under this chapter will also allow you to stop wage garnishments, foreclosure, or property repossession.
To file for bankruptcy gives you the option to get out of debt or to relieve some of the financial burdens of dealing with debts. However, it is also important to note that while it has advantages, there are also disadvantages that come with a bankruptcy filing. Before deciding whether to file for bankruptcy or not, it is best to seek the advice of a bankruptcy attorney who can guide you in the ins and outs of bankruptcy laws. They can assist you in filling out the bankruptcy forms needed in your bankruptcy petition, and guide you throughout your application up to the bankruptcy proceeding in court.
Advantages of Filing Bankruptcy
Once you declare bankruptcy, an automatic stay is immediately put in place. It is an automatic injunction that halts actions by debt collectors, government entities, or individuals to collect debts from a debtor who has declared bankruptcy (with certain exceptions). It can protect you from creditor harassment, and they won’t be allowed to contact you and ask you to pay your debts. 
Declaring bankruptcy can also give you a bankruptcy discharge, which means that you won’t be required to pay off certain debts, depending on which type of bankruptcy you’ll file. It can also give you a fresh start in building your financial future by giving you debt relief. 
Disadvantages of Filing Bankruptcy?
Although a great management tool, a filed bankruptcy will stay on your credit report for 7-10 years, limiting your chances of getting credit, buying a house, applying for insurance policies, and sometimes, even getting a job.
It also can’t eliminate all your debts like mortgage payment, government tax, some student loan debts, alimony, and child support. You may also lose some nonexempt assets if a judge deems it necessary for you to sell them to pay your debts.
How a Portland Bankruptcy Attorney Can Help
Understanding the basics of bankruptcy law is important especially if you’re considering filing for bankruptcy. Bankruptcy proceedings are complicated, and require the legal assistance of an experienced bankruptcy attorney. 
If you are considering filing for bankruptcy, we are here to help. Reach out to our Portland bankruptcy attorneys at Northwest Debt Relief Law Firm to discuss your situation.
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The post Advantages and Disadvantages of Filing Bankruptcy appeared first on Vancouver Bankruptcy Attorney | Northwest Debt Relief Law Firm.

Are you planning on refinancing your home?  If so, you could lose protections from creditors under bill at Legislature
Russ Wiles, Arizona Republic, Arizona Republic Interviews Diane L. Drain about Arizona homestead protection and exposure to creditors.

Published 6:13 p.m.  MT Apr.  13,  2021
Homeowners who refinance their mortgages could lose protections from debt collectors and other creditors under a bill that’s quietly making its way through the Arizona Legislature.
Critics say that and other provisions could harm homeowners struggling to make ends meet, and the legislation might force debtors to seek additional legal help on old bankruptcy cases they thought were closed.
But House Bill 2617 also could help some consumers, including those in good financial shape, by increasing the amount of creditor protection that all Arizona homeowners receive automatically.
Arizonans currently are shielded from creditors on the first $150,000 of equity in homes they own and live in, thanks to a special provision in state law that’s designed to keep people from being thrown out on the streets. This blanket protection  of a person’s home investment would rise to $250,000 if the bill passes.
Purpose of homestead exemptions
This special, automatic creditor protection is known as the “homestead exemption,” a legal shield that exists in nearly all other states, though in varying amounts. It protects a certain amount of a person’s investment in a home, whether a single-family house, condominium, mobile home or another type of dwelling.
The exemption has existed in Arizona for more than four decades, and the Legislature has increased its value many times over the years, providing more protection from creditors.
 “The policy of this (long-standing)  consumer protection law is that no family should lose its shelter, which is necessary for their survival and ability to work,” said Phoenix bankruptcy attorney Diane Drain.
The idea was to protect homeowners and family farms, but the exemption also has been a “source of frustration for creditors and creditors’ attorneys,” noted a 1997 State Bar article.
At $150,000, Arizona already has one of the higher homestead exemptions, according to Asset Protection Planners, though eight states including Texas and Florida offer unlimited protection. Several others including California, Nevada and Massachusetts  shield homeowner equity at or above $500,000.
At the other end of the spectrum, New Jersey and Pennsylvania provide no homestead exemptions, while Virginia and Kentucky allow just $5,000.
Drain said increasing the exemption from $150,000 to $250,000 is a welcome provision that would strengthen homeowner protections, especially as Arizona housing values have risen and more people are pinched financially by COVID-19 disruptions.
Eroding homeowner protections
But the bill has several problems, she said.
One is that it would allow “judgment” creditors – those that have won a lawsuit following an accident, for unpaid medical bills or something else – to grab proceeds from a mortgage refinance. Another is that it would turn any existing court judgment  into a lien on a person’s home, automatically and retroactively.
That would undermine  “the protection a debtor has under the current homestead• exemption statute,” Drain wrote in a commentary. She called it a “terrible” idea that would “drastically impact all homeowners who are facing financial turmoil.”
It even could hurt other creditors by dropping them to a less-favorable position or rank for claiming debtor assets, said the William  E. Morris Institute of Justice, in a commentary. The Phoenix organization predicts a “significant amount of litigation in both Arizona courts and federal courts” and potential “chaos” in Arizona’s bankruptcy system.
In fact, the legislation would allow judgment creditors to have first dibs on proceeds when a homeowner refinances his or her mortgage.
That provision would create “a new right for judgment creditors to receive proceeds otherwise exempt” in the case of a refinancing,  said the Morris Institute. “The bill effectively eliminates the homestead exemption by creating an exception to its application in the event of a refinance,”
The legislation not only allows creditors to seize refinance proceeds but requires them to be paid before the homeowner gets anything. (This would apply on future refinances, not those already closed, Drain said.)
‘You still have to pay your bills‘
But proponents counter that struggling homeowners  shouldn’t be allowed to game the system by tapping into home equity and using the proceedsfor living expenses or for other purposes,  rather than paying creditors.
People who pay their bills and refinance to obtain a lower interest rate or lower monthly payments wouldn’t be negatively affected, and all homeowners would benefit from the increased exemption amount to $250,000, said House Majority Leader Ben Toma, R-Peoria, who sponsored the refinancing  amendment.
But others who owe judgments and haven’t paid them couldn’t  refinance and take the cash while keeping creditors at bay.
”You still have to pay your bills,” Toma said. “We’re not trying to protect that.”
Tucson attorney  David Hameroff agrees. “Remember, the person or small business that is owed money may also be cash-strapped as well,” he said in an email.
He’s president  of the Arizona Creditor Bar Association, one of the parties  supporting the legislation. Arizona bankruptcy attorneys  are among those who oppose.
But creditors already have other ways to collect on debts, Drain countered, including forced auctions known as “sheriffs  sales” or by garnishing  wages and bank accounts. Also, the homestead exemption  doesn’t shield a homeowner from needing to pay child support, alimony or tax liens, she noted.
At any rate, it’s an important caveat for homeowners who seek out new mortgages. Refinance activity is brisk lately, accounting for 72% of all new-loan applications taken out by Arizonans in February, the most recent month tracked by the Mortgage
Bankers Association. The report didn’t state why most Arizonans refinance – to obtain a better interest rate, lower payments, tap cash to pay bills or something else.
Despite its complexities and controversial nature, the legislation sailed through the House without any dissenting votes. It now awaits action in the Senate, where it was approved in modified form by the finance committee. Lawmakers currently are working to iron out differences between the House bill and a more detailed Senate version.
Reopening old bankruptcy cases
The bill also could cause problems for people who already thought their bankruptcy cases were closed, critics say.
The legislation including the retroactivity provision could result in the reopening of thousands  of bankruptcy cases in which debts were discharged with the homestead protections intact, critics contend. Arizona bankruptcy court judges long have held that liens can’t be attached to a debtor’s homestead amount and thus aren’t relevant in a bankruptcy case.
But if the legislation is enacted, “Thousands of bankruptcy  cases will need to be reopened at a substantial cost to the homeowner to obtain a court order avoiding a lien that did not exist at the time of the original bankruptcy,” said the Morris Institute.
Drain agrees. “This will be a huge expense to debtors, as this is a complicated process that will require them to hire attorneys.”
Arizona has logged nearly 350,000 bankruptcy filings since 2005 – the vast majority by consumers and small businesses. That statistic, derived from data compiled by the U.S. Bankruptcy Court in Phoenix, doesn’t say how many involved homeowners.
There might not be any warning to a homeowner, prior to signing refinance documents, that creditors would receive all proceeds to satisfy a debt before the borrower gets anything.
“The end result is the homeowner  cannot make the necessary repairs on their home or pay their essential expenses while struggling financially,” Drain said.
Reach the reporter at russ.wiles@arizonarepublic.com.

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My favorite client, or prospective client, is someone who wants to learn as much as possible about their situation, so they can make informed decisions. Finances are confusing and everyone needs to take time to determine the best way to find a solution that works in the long run, not just today. Never rely on the Internet for advice – there is more bad advice than good. Always seek advice from at least two people who are experienced in the area you need help. Once armed with good information, then use your common sense to decide what is best for you. 
Be very careful when exposing your home to your creditors.  As laws change (they do all the time) your rights also change.  Yet, you will not know about the change unless you continue to investigate.

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• Enforcement of Arizona Money Judgments and Debtor’s Home
• Do I have to pay a judgment before selling my home?
• Arizona Sheriff’s Sale Process – Collect of Debt
• Excess Sale Proceeds – Arizona specific

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