DEBT RELIEF in Gilbert, Arizona
Best Gilbert bankruptcy law Lawyers | Gilbert Bankruptcy Attorney
A Gilbert bankruptcy attorney can help! If you are interested in a financial fresh start — that is, wiping away your excessive debt and starting with a clean slate —then you should contact an attorney that is an expert and experienced in Arizona bankruptcy law cases. In particular, our debt relief experts in Gilbert can help you get on the way to a “Fresh Financial Start”. By all means, call and set your free consultation today.
In addition, My AZ Lawyers looks forward to discussing your financial matters with you. An attorney can assess your debt and make recommendations and give you options in order to achieve your financial goals. The bankruptcy process is a bit complicated with specific deadlines and paperwork. Let our Gilbert Bankruptcy law provide you with the information that you need and we will take you through the entire process from beginning to end.
Gilbert Bankruptcy Lawyer
Debt Relief Attorneys in Gilbert, Arizona
Bankruptcy is a legal system that allows people (and businesses) who are struggling with debt to address it in a way that works with their income. To file bankruptcy, you will submit a petition to the bankruptcy court. A trustee will be assigned to administer your case. Once your petition is filed, you will be protected by the Automatic Stay. This stops creditor collections like wage garnishments, foreclosures, and repossessions. When your case is discharged, you are no longer liable for the debts you formerly owed.
With all that is at stake during a bankruptcy, it’s best to proceed with the guidance of an experienced bankruptcy attorney. There are countless potential obstacles in your case that most people without a bankruptcy background can’t navigate. They can result in additional costs, seizure and sale of your assets, and a case dismissal. Your attorney may be able to get your case filed for as little as $0 down.
Types of Bankruptcy in Gilbert, Arizona
Most people in Gilbert, Arizona file one of two types of bankruptcy: Chapter 7 Bankruptcy and Chapter 13 Bankruptcy. Based on income, past bankruptcies, and other factors, they may only have one available as an option. Chapter 7 has an income restriction that can be met by either making less than the state median income, or by passing the Means Test. This is to keep people from taking advantage of how Chapter 7 discharges unsecured debts without repayment in a relatively short amount of time.
Chapter 13 is a reorganization of debts into a payment plan, so the income restrictions in Chapter 7 don’t apply. The payment plan will last 3-5 years, depending on the debtor’s income. Debts will be organized into four tiers and paid in that order. The first tier of debts is your fees to your bankruptcy trustee and attorney. Next, your secured debts will be paid. The third type of debt paid is priority debt. Last, unsecured debts, like medical bills and credit cards, will be paid. The first three tiers must be paid in full for your case to be discharged, but unsecured debts can be discharged even if they are only partially repaid.
COMMON QUESTIONS ABOUT BANKRUPTCY
Frequently Asked Questions Answered by Our Gilbert Bankruptcy Lawyers
What is Chapter 7 Bankruptcy in Gilbert?
Chapter 7 is a liquidation bankruptcy available to those who meet certain criteria, including income restrictions. Chapter 7 discharges unsecured non-priority debts in a timeframe that typically lasts 4-6 months. Once your debts are discharged, you will have a clean financial slate and you can start rebuilding your credit.
What is Chapter 13 Bankruptcy in Gilbert, AZ?
Chapter 13 is a debt reorganization payment plan that will last 3 or 5 years. The length of your plan depends on whether you fall above or below the state median income line. The amount you pay each month will be calculated based on your debts, as well as your disposable monthly income. Some of your debts may be discharged without full repayment. You will be protected from your creditors by the Automatic Stay for the entire length of your bankruptcy.
Who will know if I filed bankruptcy when living in Gilbert, Arizona?
Your creditors will be notified through your creditor mailing matrix, and any cosigners on your loans will also be notified of your bankruptcy. If your wages are being garnished, you will need to provide your payroll department with your case number to stop the garnishment.
Can I get rid of Medical Debt if I declare bankruptcy in Arizona?
Medical debts are unsecured, so they can be discharged in both chapters of bankruptcy. They are discharged without repayment in Chapter 7, and are in the last category of debts to be paid in Chapter 13. An emergency room can’t turn you away for filing bankruptcy, but your doctor may stop treating you if you discharge their bills.
Are Student Loans able to be wiped out through Filing Bankruptcy?
It is almost impossible to discharge student loans in bankruptcy, but it does happen in rare circumstances. Most courts use the Brunner test when deciding whether to discharge student debt. This test has three requirements: (1) you cannot maintain a minimal standard of living while paying off the loan; (2) your current financial situation is likely to persist; and (3) you have made good faith efforts to repay the loans.
Can I keep my home and my car if I file bankruptcy?
If you file Chapter 7, you can keep your home and car if they are within your state’s exemptions. In Arizona, the homestead exemption is $150,000. The motor vehicle exemption is $6,000, which increases to $12,000 or two vehicles worth $6,000 each. These exemptions don’t apply in Chapter 13. Chapter 13 can also help you keep assets for which you are behind on payments by spreading your past-due balance out over your 3-5 year payment plan.
Do I need a Gilbert Bankruptcy Attorney to file bankruptcy in Maricopa County?
Approximately one third of Chapter 7 cases filed without an attorney are dismissed, while more than 99% of Chapter 13 cases filed without an attorney are dismissed. If you proceed pro se in either chapter of bankruptcy, you face a significant risk of dismissal, as well as pitfalls like some debts being excluded or trustee claw backs. You should at least consult with a bankruptcy attorney before filing your case on your own- the attorney will usually tell you if your case is simple enough to file yourself or with a document preparer.
How will filing bankruptcy affect my credit?
The effect bankruptcy has on your credit depends on how your credit score was before filing. If you had impeccable credit before filing your petition, you can expect a sharp drop in your credit score. However, those with average to low scores may see little to no impact, or even a slight increase. A Chapter 7 bankruptcy will remain on your credit for 10 years from your filing date, and a Chapter 13 will remain on your credit for 7 years.
What are the benefits of an “Emergency Bankruptcy?”
Emergency bankruptcy, also known as a skeleton filing, allows you to file your bankruptcy and obtain the protections of the Automatic Stay with a faster, simpler petition. You will only need to provide basic information and income information in your skeleton petition. You will then have two weeks from that date to file the rest of your petition with the court. This type of filing was designed to help those with an imminent wage garnishment, foreclosure, or repossession.
How will hiring our Gilbert Bankruptcy Office help you with your bankruptcy filing?
When you hire a bankruptcy attorney to file your case, you will simply need to consult with your attorney and provide a list of documents based on that consultation, as well as complete your creditor counseling courses. Your attorney will draft your petition, assemble your creditor mailing matrix, file your course certificates, attend your 341 Meeting of Creditors with you, and more. Your attorney will advise you until your case is discharged and you are debt free. Best of all, our attorneys can file your case for as little as $0 down! To learn more about your potential bankruptcy case, as well as our payment plan options, call (480) 833-8000 today to schedule your free consultation.
Reasons Why People File Bankruptcy in Gilbert, AZ
Bankruptcy can happen to anyone, from your next door neighbor to Donald Trump. Despite every case being unique, some causes of debt consistently appear in bankruptcy petitions.
Medical bills-- This is the number one cause of bankruptcy in the United States. A medical emergency can quickly cause spiraling debt, but fortunately these debts are usually unsecured. This means they can be discharged in Chapter 7, and are among the last debts to be paid in Chapter 13.
Divorce- Arizona is a community property state, so divorce can end up costing you far more than you expect. Not only that, but you may have to adjust to a single earner lifestyle or making support payments. You should consult with an experienced attorney before filing either type of case if you are considering both divorce and bankruptcy.
Credit card debt- Your credit cards may have predatory interest rates, which only gets worse as your debt piles up. These creditors often seek money judgments and wage garnishments against clients in arrears. Filing bankruptcy before it gets to this point will help you save money and mitigate the negative impact on your credit.
Disasters/emergencies- Natural disasters and other emergencies can damage your home and possessions, and insurance might not cover all of the costs. If you are saddled with thousands of dollars in debt due to a disaster, you should consider your bankruptcy options.
Repossession/foreclosure deficiency- After your car is repossessed or your home is foreclosed, you may still owe a balance to the bank known as a deficiency balance. This is an unsecured debt that can continue to damage your credit, despite your car or house already being taken away from you.
Unemployment- Prolonged unemployment can cause debt accrual, and eventually bankruptcy. The coronavirus pandemic caused millions of Americans to lose their jobs in 2020. Unless protections available due to the CARES Act continue to be extended through 2021, many of these people may soon be forced into bankruptcy.
You Are Not Alone
GilBert Bankruptcy Attorneys Can Help
You may know someone from Gilbert who has used bankruptcy as a means of debt relief. Our Gilbert Bankruptcy attorneys have helped clients in Gilbert protect their rights, help them end wage garnishments and creditor harassment, and successfully discharged their unsecured debt. Therefore, you would be putting your financial issues and your future in the best position possible by consulting with My AZ Lawyers.
Call to schedule a FREE CONSULTATION with an experienced Gilbert bankruptcy attorney. If you are facing serious financial issues, My AZ Lawyers dedicated debt relief experts can help. Also, My AZ Lawyers will help you to understand your rights and your options according to the Arizona Bankruptcy laws. Specifically, our Gilbert bankruptcy attorney and staff can help you through chapter 7 bankruptcy in Gilbert, chapter 13 bankruptcy in Gilbert, and other forms of debt relief throughout Gilbert and Mesa Arizona.
GILBert, Arizona, are you ready for a fresh financial start?
Call our Gilbert Bankruptcy Attorney at (602) 509-0955 to schedule a FREE in-office or phone consultation for bankruptcy.
The city of Gilbert, located in central Arizona (southeast of Phoenix) in Maricopa County, has seen much growth during the past two decades. The population of Gilbert is is 229,972 (2013).
Additionally, Gilbert, Arizona is a growing suburb of Phoenix, Arizona, located in the East Valley of the Phoenix metropolitan area. Also, Gilbert has a thriving economy and is a rapidly growing city and a destination to families moving to Phoenix area.
In fact, Gilbert celebrates many annual events in festivals. Residents and visitors participate in these events including:
- Global Village Festival (April)
- Gilbert Fourth of July Celebration (July)
- Fall Music and Halloween Festival (October)
- Nights of Lights (November)
- Gilbert Days (November)
- Arizona Balloon Classic (December)
Gilbert has shopping opportunities: San Tan Village (premier outdoor shopping), and Gilbert Town Square (shopping district). Other recreational activities in Gilbert include: Freestone Park (amphitheater, recreation center, miniature railroad), Riparian at Water Ranch (picnic area, education center, trails), and swimming pools: (Mesquite Aquatic center, Perry Pool, Greenfield Pool, and Williams Field Pool).
visit the official site of Gilbert, Arizona for more information for visitors and residents