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Bankruptcy

Arizona Bankruptcy Attorney Blog

The perspective of one Arizona Bankruptcy Attorney on insolvency during a depression.
By Joseph McDaniel, Esq.

Post Frequency: 2.4/day

Last Entry: March 31, 2011 at 10:42:02

Bankruptcy in Arizona Requires Consumer Credit Counseling, But Does it Help? Any?

Posted on February 09, 2011
Since I've been an Arizona Bankruptcy Lawyer for thirty years, I am well-acquainted with the practice of bankruptcy law in Arizona before mandatory pre- and post- consumer credit counseling. There have been a good number of articles that discuss the failure of the 2005 Amendments to benefit anything or anybody...

Will An Arizona Bankrutpcy Lawyer Treat You Like Poop?

Posted on February 09, 2011
I noted on my calendar that I'm going to be visiting soon with a couple who have serious problems, and who said that they'd talked to several bankruptcy attorneys in Arizona and that they'd been treated like poop during those meetings. I'm mystified...

Bankruptcy and the BARF Act and Subprime Foreclosures. Oh, My! by Donald P. Morgan

Posted on February 09, 2011
Hot off the presses to my readers: take a look at Subprime Foreclosures and the 2005 Bankruptcy Reform! Donald P. Morgan is a very smart guy! p.s. the essence of the article is the idea that the 2005 Bankruptcy Amendments made things far worse in the economy, because if people could have easily discharged credit card debt, they could have more easily made payments on their mortgages...

Bankruptcy And the Big Kids: WaMu Files a New Chapter 11 Plan

Posted on February 09, 2011
According to TheStreet, WaMu has filed a new Chapter 11 Plan. Now, I get calls with frequency from folks who think a Chapter 11 Plan for them personally can accomplish all sorts of wonderful things. And they can; but they sure are expensive. And when I talked to a nice guy who had just gotten out of a personal Chapter 11 (that is, his plan had been approved by the Court), all he wanted to discuss was the half-million in legal fees that he had been billed...

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Bankruptcy in Arizona is Like Bankruptcy in Nevada!

Posted on February 08, 2011
Here's a link to a nice article about bankruptcy in Nevada; it sounds like Arizona! NOTHING IN THIS BANKRUPTCY BLOG CONSTITUTES LEGAL ADVICE RE A CHAPTER 7, CHAPTER 13, CHAPTER 11, OR CHAPTER 12. FIND AN ARIZONA BANKRUPTCY ATTORNEY WHO IS BOARD CERTIFIED IN BANKRUPTCY LAW, AV RATED, AVVO 10, ON SUPERLAWYERS, OR JUST VERY EXPERIENCED AND A FORMER CHAIR OF SOME BANKRUPTCY THINGIE...

Arizona Bankruptcy: Some People Don't Need to File!

Posted on February 08, 2011
I really enjoyed talking to Susie (not her real name!) just now. Not only did she have a lovely personality, she didn't need to file a bankruptcy here in Arizona! Neither a Chapter 7, nor a 13, nor the dreaded personal Chapter 11! Oh, sure, there was a trustee's sale scheduled...

Bankruptcy for States, or a Fix by Politicians? Gingrich Repair through Bankruptcy vs. Gov. Rick Scott Spending Reduction

Posted on February 08, 2011
John Keefe, on CBS MoneyWatch.com, has written an article about why it's a terrible idea for States to be permitted to file Bankruptcy. One thing I liked about the article was his observation that the excessive spending had to be fixed, and John Keefe and I certainly agree on that point...

Mayor Richard Pastrick has a Bankruptcy Boo-Boo!

Posted on February 07, 2011
You think you have problems with a bankruptcy? Former Mayor Richard Pastrick filed a Chapter 7 Bankruptcy, but it has not been without speed-bumps. As you can see from this article, Pastrick may have a problem with the Means Test, but worse, it may be that he fails to pass the debt limits for a Chapter 13...

Several YEARS Before Unemployment Comes Down, Says Bernanke.

Posted on February 07, 2011
The Washington Post reports Bernanke saying that it will be several years before unemployment comes down. Does anybody else find that unacceptable? And Bernanke also tells us not to worry about inflation. But I'm fine with that; after all, it doesn't matter if a product cost five bucks or ten bucks if you have zero bucks, right? All kidding aside, I can't see a rosy future for the United States as long as the economy stays this lousy...

Will Unrest in Egypt Injure U.S. Economy and Drive More Bankruptcy Cases?

Posted on February 07, 2011
Does a bear sell insurance in the woods? As a practical matter, as prices go up with inflation, and energy prices go up with scarcity, all prices in the economy will drift upwards. Since unemployment is still hovering around a real level of 19%, wages will not go up to match inflation...

Top Ten Reasons to File Bankruptcy and NOT to File Bankruptcy, by an Experienced Bankruptcy Lawyer

Posted on February 07, 2011
I like top ten bankruptcy lists. This particular list was put together by Dororthy Bunce, a Nevada Bankruptcy Attorney. Since I'm an Arizona Bankruptcy Attorney, I won't see her at First Meetings in Bankruptcy Cases, but here's a tip of the hat to Dorothy Bunce for two related top ten bankruptcy lists! Besides, I like her picture; she looks compassionate and non-judgmental, which is a good thing in a bankruptcy lawyer...

The Quality of the Discussion of State Bankruptcy Continues to Improve

Posted on February 06, 2011
When an idea first becomes a focus of conversation, the discussion tends to be superficial. Now we're starting to get nice, in-depth articles about the possible State Bankruptcy Filings, like this one by Associated Press! Bear in mind that I've now become a supporter of bankruptcy permission for States...

Congressman Ruben Hinojosa Files Bankruptcy

Posted on February 06, 2011
Apparently, nobody is immune to crazy banks, not even Congressmen on the House Financial Services Committee. Why do I suggest that the bank in this case was smoking Wacky Tabacky? Well, before a Congressman goes belly-up, I bet he tries to cut some kind of reasonable deal...

The Best Reason to File Bankruptcy

Posted on February 06, 2011
Cathy Moran is a smart bankruptcy lawyer who practices bankruptcy law in California. How do I know she's smart? Well, she wrote about the best reason to file bankruptcy, and suggested the use of a retirement calculator to compare what a potential debtor would have at retirement if they used the payments they are now making to credit cards toward their retirement fund...

Bankruptcy is More Difficult for Individuals in Arizona; Will Bankruptcy be Easier for States?

Posted on February 05, 2011
Articles continue to be written about the proposal that States be permitted to file bankruptcy, and it's been predicted that a bill to permit such filings will be introduced in Congress. I have to ask myself, because I'm an easily amused Bankruptcy Attorney in Arizona, will the States have to take pre-filing credit counseling classes? And post-filing classes? Because it's obvious that budgeting isn't the strong suit of any political entity, States included...

Top Ten Tips for People Contemplating Bankruptcy in Arizona

Posted on February 05, 2011
I liked the article I just read, although I don't agree with all it's assertions. On the other hand, I always liked top ten bankruptcy lists, because thinking about bankruptcy can be overwhelming, and any cognitive tool that people can use to make thinking about it easier is aces by me! That's why I built the Arizona Bankruptcy Homework Blog; it makes it easier for people to organize their thoughts, as well as answering their most frequently asked bankruptcy questions...

Arizona Business Bankruptcy vs. Nevada Business Bankruptcy

Posted on February 05, 2011
There are similarities between Arizona business bankruptcy cases and those in Nevada. And this is a nice article in Nevada Business about business bankruptcies in Nevada. NOTHING IN THIS BANKRUPTCY BLOG CONSTITUTES LEGAL ADVICE RE A CHAPTER 7, CHAPTER 13, CHAPTER 11, OR CHAPTER 12...

The Only Fun Way to Pass the Bankruptcy Means Test in Bankruptcy in Arizona

Posted on February 05, 2011
There's only one way that's any fun to pass the Means Test. Make more babies! One of my nicest clients qualifies to file a Chapter 7 Bankruptcy. After the Blessed Event. And I sure hope she's taking her pre-natal vitamins! NOTHING IN THIS BANKRUPTCY BLOG CONSTITUTES LEGAL ADVICE RE A CHAPTER 7, CHAPTER 13, CHAPTER 11, OR CHAPTER 12...

Bankruptcy Statistics Raise the Question, Is this a Depression?

Posted on February 05, 2011
My particular perspective as an Arizona Bankruptcy Attorney, in a state ranked in the big five for mortgage foreclosures and trustee's sales, causes me to see a lot of economic misery. And it makes me wonder whether it's just me, or whether the United States is really in a depression...

The Second Best Reason To File a Bankruptcy in Arizona: The Sex Change for My Cat Was Very Expensive

Posted on February 05, 2011
So I'm sittin' there, like you do when you're a bankruptcy lawyer in Arizona, and asking questions. And I got an answer that got my attention, even in the afternoon: "We're going to need to file a bankruptcy because the sex change for my cat was so expensive!" So I immediately said, and I pride myself on snappy repartee, "Huh?" Apparently cats also get kidney stones, or some functional equivalent...

Arizona Bankruptcy Often Won't Help: Student Loans at All-Time High

Posted on February 04, 2011
While it's possible for a debtor to scrape off student loans in a Chapter 7 Bankruptcy in Arizona (or anyplace else), that doesn't mean that it's easy. The combination of impossibly high unemployment, and underemployment, AND gigantic student loan amounts paid to institutions with more administrators than professors is having an interesting effect...

Consumer Bankruptcy Laws. You Think You Got It Bad? You Get a Fresh Start! How About the NFS (No Fresh Start) Legal Approaches in Europe?

Posted on February 04, 2011
One nice thing about lawmakers in the United States; they listen to the voters for at least a week, just before the elections. So things only get so bad around here, unless a Lame Duck Congress decides to punish voters for throwing them out. In Europe, apparently, it's harder to let the Government know just how much you care...

Bankruptcy for Borders Being "Finalized". Well, Tut, Tut, Tut.

Posted on February 04, 2011
See, a lot of folks come into my office, and they've read that you can do this or that or the other thing in a Chapter 11 Bankruptcy. And some of the stuff people think you can do in a Chapter 11 Bankruptcy is actually possible, and some of it is a compound of wishful thinking and Wacky Tabaccy...

By the Way, Make Sure Your Kids Go to Community Colleges for the First Two Years!

Posted on February 04, 2011
Here's the deal; I get to talk to kids every week who have $130,000 degrees from Prestige University (no, that's not really the name of the school). They have nifty degrees in Woman's Studies, Environmental Finesse, and Pre-Cortez-Invasion Literature; or maybe Philosophy, like me (I got to dig ditches for Pancho Willis when I graduated with a degree in Philosophy, and it taught me a valuable lesson; I don't like to use a pick and shovel in the hot, hot sun)...

Bankruptcy is Often Caused By Unemployment

Posted on February 04, 2011
The Los Angeles Times tells us that unemployment remains high (the official number is around nine per cent; my personal guess as to the real number is closer to nineteen). Now, unemployment is only one of the major factors that contributes to a person's decision to file a bankruptcy case and get a fresh start...

Gilbert, AZ: Life After Death for Iridium Projects

Posted on February 03, 2011
I love it when good ideas and projects survive the bankruptcy process. Especially in Gilbert!NOTHING IN THIS BANKRUPTCY BLOG CONSTITUTES LEGAL ADVICE RE A CHAPTER 7, CHAPTER 13, CHAPTER 11, OR CHAPTER 12. FIND AN ARIZONA BANKRUPTCY ATTORNEY WHO IS BOARD CERTIFIED IN BANKRUPTCY LAW, AV RATED, AVVO 10, ON SUPERLAWYERS, OR JUST VERY EXPERIENCED AND A FORMER CHAIR OF SOME BANKRUPTCY THINGIE...

Chandler Bankruptcy Showcases Dueling Orders, Which Is Not Quite as Much fun as Dueling Banjos

Posted on February 03, 2011
It's seldom that you see cases where an individual attempts to use one Court in an effort to end-run a Judicial Order issued by another Court. But this article talks about a Chandler Nightclub that apparently appears in multiple courts, and not just in Chandler; also in the Bankruptcy Court for the District of Arizona...

Arizona Bankruptcy Court Decision Turns Powell Volvo into Volvo of Tempe, Which is Located in...Scottsdale!

Posted on February 03, 2011
I love happy endings. Apparently Powell Volvo is now Volvo of Tempe, after a decision by a U.S. Bankruptcy Judge in the District of Arizona Bankruptcy Court, and a selection by Volvo. Which is currently located at 6500 East McDowell Road, Scottsdale, AZ...

Arizona Biltmore Bankruptcy in New York City? Git a Rope! Phoenix Landmark Files.

Posted on February 03, 2011
I love the Arizona Biltmore Resort; their golf course is adjacent to my law office, and it's so pretty it makes me think I should learn to play golf someday. But I read an article in AzCentral.com that the Biltmore was in a bankruptcy, which made it the latest in a long line of Arizona Resorts that have...

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