Tag: Arizona bankruptcy lawyer

April 24, 2021

Pandemic Relief Protections In Bankruptcy Extended By House Of Representatives

Coronavirus Aid, Relief, and Economic Security Act Bankruptcy Protections Have Been Extended

With widespread vaccinations on the horizon, the coronavirus pandemic may finally be drawing to a close in the foreseeable future. However, there is likely to be an economic aftershock that will be felt for years to come. To mitigate these negative effects, lawmakers passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act on March 27, 2020. Now, these protections have been extended until March 27, 2022, by a majority vote in the House of Representatives. The bill, which was approved by a vote of 399-14, now heads to the Senate.

CARES Act Bankruptcy Protections

One of the major parts of the CARES Act were stimulus payments for eligible Americans. Generally, those who make $75,000 or less as an individual or $150,000 or less combined as a married couple qualify for stimulus payments. Especially for the millions of Americans who lost their jobs or had their income reduced due to the pandemic, these stimulus checks can be a godsend. However, they are more effective when used to pay living expenses rather than to pay off debt. If someone already has a debt problem that has been aggravated by the pandemic, stimulus checks are at most a temporary bandage over a deeper issue. That’s why pandemic benefits like stimulus checks and increased unemployment benefits are generally exempt in bankruptcy. They do not count as income for bankruptcy qualification purposes, and trustees can’t seize them to pay towards the bankruptcy estate.

The CARES Act provided additional flexibility for bankruptcy filers. The debt limit for the small business provision of Chapter 11 was increased from $2.7 million to $7.5 million. The CARES Act guarantees that bankruptcy filers will still be eligible for mortgage forgiveness, eviction moratoriums, and exempt from utility shutoffs. It also allows those in an active Chapter 13 to apply for a financial hardship reorganization. These bankruptcy protections are among those that have been extended until March 27, 2022.

Types of Consumer Bankruptcy In Phoenix, Arizona

If the guarantee that further pandemic stimulus payments are exempt from bankruptcy makes you feel more confident about filing bankruptcy, it’s time to decide which chapter to file.

For those who have lost income due to the pandemic, the silver lining may be that they now qualify for Chapter 7 bankruptcy. Chapter 7 bankruptcy is a liquidation bankruptcy only available to those under certain income limits. Only those who make less than their state’s median income based on family size, or pass the Means Test, can file Chapter 7. The filer can only keep their assets if they are protected by state bankruptcy exemptions, or if their state allows them to use applicable federal exemptions. While the limitations in Chapter 7 are strict, the benefits it provides are significant. Most unsecured debts, such as credit cards, medical bills, and personal loans, are discharged in Chapter 7. The process generally only takes between 4 and 6 months. Once debts are discharged, the debtor can move forward with a fresh financial slate, and take steps to rebuild their credit.

Chapter 13 bankruptcy is a payment plan that lasts 3-5 years. The plan will last 3 years for those who make less than their state’s median income, and 5 years for those who make more than their state’s median income. The plan will be organized based on the types and amounts of debts, and the debtor’s disposable monthly income. Debts will be paid in an order of four different categories, starting with legal and trustee fees and ending with unsecured debts like medical bills and credit cards. These debts can be discharged at the end of the payment plan, even if they aren’t paid in full. The debtor will be protected from creditors by the Automatic Stay for the entire 3-5 years, with limited exceptions.

Chapter 7 and Chapter 13 have similarities in requirements and benefits. The person seeking to declare bankruptcy must file a petition- a long and detailed legal document describing the debtor’s financial situation- in the appropriate jurisdiction. This petition will be reviewed by an attorney appointed to their case known as a trustee. Debtors must complete two credit counseling courses in both chapters, one before filing and one within the 341 hearing. Both chapters require the debtor to attend a hearing known as a 341 Meeting of Creditors. Filing either chapter activates the Automatic Stay, which stops most forms of creditor collection. This includes wage garnishments, bank levies, foreclosures, repossessions, utility shutoffs, and more.

There are reasons besides income restrictions and asset exemptions that someone might choose to file Chapter 13 bankruptcy instead of a Phoenix Chapter 7 bankruptcy. There are mandatory waiting periods between bankruptcy filings, which are generally shorter when the subsequent bankruptcy is a Chapter 13. This can make Chapter 13 the only option for someone facing an emergency situation like a foreclosure or repossession. If someone is behind on child support and other nondischargeable debts, Chapter 13 will allow an opportunity to catch up on these payments where Chapter 7 would not. Chapter 13 also allows for the opportunity to discharge secondary home mortgages, and provides a far longer Automatic Stay period.

Contact Our Phoenix Bankruptcy Attorneys For Assistance

Are you struggling financially because of the pandemic? Bankruptcy may be a viable solution to your financial issues, and the extension of the CARES Act bankruptcy protections acknowledges that. However, filing your bankruptcy incorrectly could create more hassles like extra fines, asset seizures, and even dismissal. This will cost you in legal fees, and your debts will remain with you. An experienced bankruptcy attorney in Phoenix will help you avoid these potential pitfalls. Whether it’s calculating your disposable monthly income, determining your eligibility, drafting your petition, dealing with your creditors, and more, our staff and attorneys are here to help. To learn more about the benefits of filing bankruptcy with our firm, as well as our flexible payment options that will get you filed for as low as $0 down, schedule your free consultation today. Our Phoenix Bankruptcy attorneys can help.

Contact our Phoenix Bankruptcy Law office or use our online form to request your free phone consultation.

Phoenix Bankruptcy Lawyers

668 N. 44th St. Set 320
Phoenix, Arizona 85008
Phone: (602) 509-0955

December 13, 2020

Fashion Retailer Francesca’s Files Chapter 11 Bankruptcy

Our Phoenix Bankruptcy Attorneys Discuss the Many Businesses Facing Bankruptcy Due to Covid-19

The coronavirus pandemic continues to wreak havoc on the global economy as we draw closer to the end of the year. While unemployment rates have since stabilized, unemployment had reached levels comparable to those during the Great Depression. With millions of Americans experiencing a decrease in income in 2020, among the lowest of people’s priorities are fashion, accessories, and jewelry. Major clothing retailers declaring bankruptcy has become almost a daily occurrence. The latest to join these ranks is Francesca’s, a boutique-style fashion chain that can be found at many shopping malls.

More Information About Francesca’s

Francesca’s was founded in 1999 in Houston, Texas, where it is still headquartered. The brand has approximately 700 stores in the United States, about half of which are located in shopping malls. Like many other retailers, Francesca’s was forced to close in March 2020, and some of these closures have become permanent. Francesca’s originally announced that it would be permanently shutting down 140 of its locations. After declaring Chapter 11 bankruptcy on December 3, 2020, it has amended the store closures amount to include 97 additional locations, bringing the total to 237 store closures. The closures are expected to be completed by the end of January 2021.

Out of the 237 Francesca’s locations that are closing, two of them are located in Arizona. The chain’s Flagstaff and Glendale locations are among those to be closed by the first month of 2021. Arizona shoppers looking for holiday gifts may want to consider visiting these stores and Francesca’s website for liquidation sales.

A Brief Overview of Chapter 11 Bankruptcy

Chapter 11 bankruptcy is far more complicated than Chapter 7 and Chapter 13, the two most common types of bankruptcy that your friends or family members may have filed. In turn, attorney’s fees, filing fees, and other bankruptcy-related expenses are much higher in a Chapter 11, so this type of bankruptcy is typically only used by organizations and individuals with millions of dollars in assets and liabilities. However, there are Chapter 11 small business provisions for companies that aren’t as affluent.

Usually, a company will have a fairly good idea of what their strategy is to restructure debts and emerge from the bankruptcy. The company must submit a proposal of how to do so, and submit it to a panel of their top creditors. The creditors will then vote on the proposal. If the panel approves the proposal, the bankruptcy will proceed according to plan as long as it is also approved by the court. If the panel doesn’t vote to approve the company’s proposal, they may submit their own.

Other Types of Bankruptcies Available to People in Phoenix

As mentioned above, the two most common types of bankruptcy are Chapter 7 and Chapter 13. Chapter 7 is available to certain types of businesses, and both are available to individual filers. A trustee is assigned to oversee each type of case, and filers of both chapters are required to complete credit counseling courses and attend a hearing known as a 341 Meeting of Creditors.

Chapter 7 is known as a liquidation bankruptcy because it discharges most debts without any repayment. For that reason, there are strict income eligibility limits for Chapter 7. There are also limits on how much equity filers can have in their assets, which are known as “exemptions.” A Chapter 7 bankruptcy typically takes about 4-6 months from the date of filing to be discharged.

Chapter 13 is also called a wage earner’s bankruptcy because this type of bankruptcy only works when the debtor has a steady source of income. If a debtor has too much income to qualify for Chapter 7, but still is struggling to manage debts, Chapter 13 is a 3-5 year debt reorganization payment plan. However, there are debt limitations for Chapter 13 filers- $419,275 for unsecured debts, and $1,257,850 for secured debts. It also allows filers to pay down debts that can’t be discharged in Chapter 7, like mortgage and car payment arrearages, child support, and student loans. A Chapter 13 plan lasts 3 years for filers who make less than the state median income for their family size, and 5 years for those who make more than that amount.

Francesca’s Bankruptcy Plan

Like many struggling businesses with a heavy focus on brick and mortar sales, one of Francesca’s top creditors is Simon Property Group. One of Francesca’s other lenders, Tiger Finance, has provided $25 million in financing to help the company with fees associated with breaking leases for the locations that are closing. Francesca’s plans on finding an investor to sell to as part of the bankruptcy process. Some companies convert creditors’ balances into ownership shares, but Francesca’s debt to asset ratio was too high to make this plausible.

Other Companies to Declare Bankruptcy During the Pandemic

Francesca’s is far from the first major business to declare bankruptcy as a result of the coronavirus pandemic. Fashion has been one of the hardest hit industries, with Neiman Marcus, JCPenney, J. Crew, Men’s Wearhouse, Brooks Brothers, Ann Taylor, Lane Bryant, True Religion, Lucky Brand, and Stein Mart have all declared bankruptcy in response to the pandemic. Home retailers like Pier 1 Imports, Sur La Table, and Land’s End have all sought bankruptcy protections in 2020 as well. Another hard hit industry, fitness, includes bankruptcy filers like Gold’s Gym, 24 Hour Fitness, and GNC. Restaurants are also struggling, with Sweet Tomatoes, California Pizza Kitchen, Chuck E. Cheese, Rubio’s Coastal Grill, Ruby Tuesday, Sizzler USA, and more filing their bankruptcy petitions.

Only a few of these businesses will be closing down for good as a part of their bankruptcies, but many will be downsizing by closing locations. This only adds to the compounding unemployment problem, leaving less people with income to spend at struggling businesses. However, most businesses that seek out Chapter 11 bankruptcy protection have a plan to revamp their business model and emerge a more efficient and profitable company. With widely available coronavirus vaccines on the horizon but government protections and benefits expiring soon, it is hard to say which of these businesses will survive in the long run.

July 19, 2020

GNC the Latest Bankruptcy Casualty of Coronavirus

4 Arizona Locations to Close After Chapter 11 Bankruptcy Filing

As the coronavirus pandemic continues to wreak havoc on the global economy, more and more companies are filing for bankruptcy. This year has already seen retail giants like Neiman Marcus, JC Penney, J Crew, and True Religion file for Chapter 11 Bankruptcy. Huge fitness companies like Gold’s Gym and 24 Hour Fitness have also filed for bankruptcy protection amid the Coronavirus Pandemic. The latest big chain to file for Chapter 11 bankruptcy protection is GNC. The retail chain, which specializes in vitamins and dietary supplements, filed its bankruptcy petition June 23, 2020.

What is Chapter 11 Bankruptcy? Why did GNC Choose Chapter 11?

Chapter 11 Bankruptcy allows businesses and individuals with sizable assets and numerous liabilities to restructure their debt while being overseen and approved by the court and a panel of creditors. The panel, which is composed of the creditors the company owes the most money to, will have authority in major business decisions like entering contracts, taking out loans, and selling shares. However, in Chapter 11, the company can continue to operate in the hopes of turning the business around. Day-to-day operations remain in control of the company’s usual management. A company may still close down using Chapter 11 if settling the outstanding debts would be too complicated with other chapters.

The other chapter that businesses typically file is Chapter 7. Chapter 7 discharges unsecured debts and releases the owner/s of the company from personal liability, but the business must shut down and surrender all of its assets and inventory.

How the Pandemic Forced GNC to File Bankruptcy

GNC has posted statements to its website explaining its reasoning to file Chapter 11 bankruptcy. The company admitted that financial strains over the past few years had made the company unprepared to handle the pandemic and all of its negative economic effects. Like other brick-and-mortar chains, the competition posed by online retailers has caused GNC to struggle. GNC had already begun closing locations in shopping malls, widely considered to soon be a thing of the past, in 2018. The company had already amassed a staggering $1 billion in debts prior to its 2020 bankruptcy filing.

The company had plans to refinance and pay off its massive debts. Then the coronavirus pandemic hit. Starting in March, GNC was forced to close approximately 30% of its stores due to stay-at-home and quarantine orders. GNC reported first quarter losses of $200 million, where the chain had reported losses of $15 million for the same time period in 2019. While the company had its peak stock value of $60 per share in 2013, GNC’s stock value was less than a dollar- $0.81- shortly before the bankruptcy filing.

GNC’s Chapter 11 Bankruptcy Plan

GNC intends to remain open during and after the Chapter 11 bankruptcy, but to reemerge as a smaller company. The company currently has 5,800 locations and intends to almost 20%, or close to 1,200 of those United States locations. The company has already secured financing to fund its restructuring plan. IVC, GNC’s top vitamin supplier, has provided the company with $130 million in funding for the restructuring plan. The vast majority of GNC’s creditors approve of this plan, with a small minority left to sign on to the funding plan.

If the funding plan from IVC falls through, the company also has the option to sell. Harbin is a Chinese pharmaceutical company that has 41% of GNC’s voting rights. Harbin, along with the rest of the Chapter 11 panel, have promised at least $760 million if the company is sold through court auction.

Arizona GNC Locations Impacted by Bankruptcy

Arizona is already struggling with a vast amount of new unemployment claims. More than 280,000 people in Arizona have lost their jobs due to the pandemic. GNC’s bankruptcy, and resulting store closures, will only add to Arizona’s climbing number of unemployment claims.

The following stores are closing as a part of GNC’s Chapter 11 Bankruptcy Plan:

Madera Village, 9121 E. Tanque Verde Rd, Suite 115, Tucson, Arizona
Grayhawk Plaza, 20701 N. Scottsdale Rd, Suite 105, Scottsdale, Arizona
Flagstaff Mall, 4650 E 2 N Hwy 89, Flagstaff, Arizona
Arrowhead Town Center, 7700 West Arrowhead Towne, Glendale, Arizona

There are more than 20 other GNC locations in Arizona that will remain open through the bankruptcy

July 7, 2020

I Have a Gambling Problem. Can Bankruptcy Help?

Almost everyone has a friend or relative in their life who has struggled with a bad habit that grew into an addiction. For many, it is smoking, drinking, and other unhealthy lifestyle choices. For others, gambling may become a problem that gets out of control. When it does, the addict usually racks up more gambling debts than they can manage. If you are struggling with this problem, you may be wondering if bankruptcy can help you.

The different chapters of bankruptcy in Phoenix, Arizona

Most individual bankruptcies are filed under either Chapter 7 or Chapter 13. Chapter 7 bankruptcy has strict income limits and the filer will have to surrender any assets with more equity than that state’s exemptions. Most unsecured non-priority debts will be discharged in Chapter 7. Credit cards, medical bills, repossession deficiencies, and more will be liquidated without any repayment. However, there is a caveat: debts that were fraudulently incurred can’t be discharged in Chapter 7.

In Chapter 13, debts are reorganized into a payment plan that the filer will pay over the course of 3-5 years. Certain debts, like the balance of an auto loan or past-due child support and spousal maintenance payments, must be paid in full in the plan. Other debts that are prioritized lower may only be partially paid in the plan, but the obligation for them will be discharged once the payment plan has been completed.

If you have the option between both Chapter 7 and Chapter 13 bankruptcy, you also need to understand the cost difference between the two chapters. While the filing fee for a Chapter 13 is lower ($310 versus $335), attorney representation is absolutely necessary in a Chapter 13 and costs much more than for a Chapter 7.

The length of the two chapters varies greatly and each will affect your credit differently. A Chapter 7 bankruptcy is typically completed within 4-6 months from the date the petition was filed. Except in special circumstances, a Chapter 13 bankruptcy either lasts 3 years or 5 years. The payment plan will be 3 years for filers who make less than the state median income level (which would qualify them for Chapter 7), and 5 years for those who make more than that amount. After the bankruptcy is discharged, a Chapter 7 will remain on your credit for 10 years from the filing date. A Chapter 13 bankruptcy will remain on your credit for 7 years from the filing date.

The source of the gambling debt

Gambling debts are typically accrued in a few different ways. If you took out personal loans or credit cards to pay for your gambling, these debts may be discharged in bankruptcy. They will be wiped clean in Chapter 7 bankruptcy, and are lower priority debts that may only be partially paid before discharge through Chapter 13 bankruptcy.

You may encounter difficulties discharging your gambling debt in bankruptcy if you secured your debt to any of your property. If you borrowed against the value of your home, car, or other property, your creditor will have a lien on that asset. You will either need to reaffirm (formally agree to repay with the bankruptcy court’s approval) that debt. Otherwise, you will have to surrender whatever property is being used as collateral to discharge the debt.

Another common type of gambling debt is a “marker.” Many casinos will require you to sign a marker to get chips before you can gamble. The agreement you sign for the marker may have language indicating that you have the amount you are borrowing from the casino available to repay. If you didn’t actually have those funds available at the time when you borrowed them, the court may view that as deceptive borrowing and those debts won’t be discharged in the bankruptcy.

seeking Treatment as part of the bankruptcy process

Filing bankruptcy only solves a symptom of the problem if you struggle with gambling addiction. You may want to consider seeking counseling and other treatment for your addiction before or during your bankruptcy. Some courts may see this treatment as proof that you did intend to repay a marker debt and therefore discharge it in your bankruptcy.

If you are struggling with gambling debts, you need to learn if bankruptcy is a good option for you. Our expert Phoenix bankruptcy attorneys can analyze your personal situation to determine which chapters you qualify for, and which chapter will serve you best. Don’t let another day go by with the stress of wondering what to do about your debt- call and schedule your free consultation today. Contact our Phoenix Bankruptcy Lawyers today for a FREE Consultation.

Phoenix Bankruptcy Lawyers | Free Consults – 602-509-0955

May 17, 2020

Phoenix Chapter 7 Bankruptcy Requirements

Chapter 7 Bankruptcy Requirements

Contact our Phoenix Bankruptcy Attorneys – 602-509-0955

602-509-0955

Chapter seven bankruptcy is probably the most frequent kind of bankruptcy filed in the United States. Nevertheless, not everybody is permitted to obtain their debts discharged under Chapter seven of the U.S. Bankruptcy Code, so the following are a few simple demands for a situation. To understand whether you qualify for this particular case type, talk with a Chapter seven bankruptcy lawyer in Phoenix about your specific circumstance. Once your Phoenix Bankruptcy is filed, an Automatic stay starts which protects you from all collection efforts. Contact our Phoenix Legal Team today and learn more about Phoenix Chapter 7 Bankruptcy Requirement.

Bankruptcy Means Test

The means test was added as a necessity in 2005, plus it calls for you to demonstrate that the household income of yours is below the median for the household dimensions of yours in the state of yours. The Department of Justice (DOJ) reports the median earnings amounts for every state on an annual schedule. If the income of yours isn’t below the median, the attorney of yours might have the ability to subtract specific expenses to reduce your income. When you don’t pass the means test, you won’t have the ability to file for Chapter seven.

Time Since Previous Bankruptcy Filings

In order to avoid bankruptcy abuse, there’s a limit on if you are able to file for Chapter seven in case you’ve a previous discharge. 8 years should pass since your previous Chapter seven filing, or maybe 6 years from the day you filed a Chapter thirteen case.

Filing your bankruptcy is something that should be done by an experienced Arizona Lawyer. There’s a certain range of documents required to file. Our debt relief attorney will file your bankruptcy with the court to begin a Chapter seven bankruptcy case for you and your family. You have to file a petition with all the required info and supporting documentation. The attorney of yours is able to help to make sure you’ve all you need before you begin the case of yours to prevent delays.

Chapter 7 Bankruptcy in Phoenix, Arizona

Talk with a Chapter seven Bankruptcy Lawyer in Phoenix If you’re thinking about debt relief choices, you need to talk to a Phoenix Bankruptcy Attorney at My Arizona Lawyers, PLLC. Contact our Phoenix BK lawyers now or even ask for an appointment online for immediate now. Our bankruptcy attorneys offer debt relief options including: Chapter 7 bankruptcy, Chapter 13 Bankruptcy, Emergency Bankruptcy Filings, Medical Bankruptcies, Arizona Zero Down Bankruptcy, Bankruptcy by Phone, Phoenix Chapter Bankruptcy, $0 Down Bankruptcy, and Lien Stripping in a Chapter 13. Contact us about more Phoenix Chapter 7 Bankruptcy requirements.