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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

Unemployment and Bankruptcy

Posted on January 18, 2011
Loyal readers will recall that Chief Bankruptcy Judge Caldwell taught me that the mining towns in Arizona don't file bankruptcy en masse when the mines close. That happens when the mines reopen. He was a very, very smart man, and a very good Bankruptcy Judge...

Do You Really NEED an Arizona Bankruptcy Lawyer to File Your Bankruptcy?

Posted on January 17, 2011
Absolutely not! You have a legal right to use almost anybody, or nobody at all! For instance, in Arizona, you can go to a document preparation service, or a "docu-prep", which is essentially a specialized typing service. They will charge you about $200 (the Bankruptcy Judges won't let them charge more) for typing the information you give them into forms, and you will then have a bankruptcy package that you can file...

2011 Will Be a Record Year! But in a Bad Way.

Posted on January 17, 2011
Well, sorry you get to hear it here, but we'll see the worst year for foreclosures in the upcoming year since...ever. Remember that in an ordinary year we'll see, as a nation, about a hundred thousand trustee's sales and foreclosures. And last year we saw about 1...

By the Way, Thank You for the New Eyes!

Posted on January 16, 2011
Apparently, I get a lot of readers who want to learn about bankruptcy topics. Now, since this is a bankruptcy blog, that's not a good thing in the broadest sense (since it reflects that we are in a Depression), but since I'm trying to educate everybody on the planet about Chapter 7, Chapter 13, Chapter 11, and Chapter 12, one person at a time, it may be a good thing that folks contemplating bankruptcy in Arizona (and elsewhere) can get a ground-zero look at how it really works...

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You will Love Passing the Means Test. And You Will Thank God for the Opportunity! The Religious Liberty and Charitable Donation Clarification Act of 2006

Posted on January 15, 2011
The Means Test was designed by the evil drafters (that's one word) of the BARF Act, which amended the Bankruptcy Code in 2005, changing the Code from a fairly evenhanded statute to a user-hostile construct. In general, you get to pass the Means Test (and therefore file a Chapter 7 Bankruptcy) if your income is below the median income (here's a calculator) in your geographic area for the six months prior to filing your bankruptcy (note: that means that you will hire a bankruptcy lawyer when you are fired, to keep creditors off your back, but you won't be filing for several months, until the average of your salary, plus unemployment, permit a Chapter 7 bankruptcy filing)...

Sure, It's a Depression: But Congress Can Make it Worse!

Posted on January 15, 2011
Living in the United States of America has always been a good thing, no matter what. We've had volcanoes, wars, even a Civil War, but it's so much better living here that people keep pouring in from just about everywhere else. And here in the U.S., criticism of the government isn't just a right of free speech; it's the favorite national pastime! If there were scorecards, it would be our favorite sport! So I was entertained that a pollster recently determined that there's one thing that most Americans can agree on, even if we're in disagreement on everything else: no matter how bad things are now, Congress can always make 'em worse! And, you know, since I'm a bankruptcy lawyer, and I saw what Congress did to an already-difficult process like filing bankruptcy when it passed the 2005 BARF Act, I tend to agree! p...

The Entire Text of the Slip Opinion in the Ransom Chapter 13 Case; Bad News for Debtors and Car Companies

Posted on January 14, 2011
You have to ask yourself whether Congress thought through the implications of the 2005 Amendments to the Bankruptcy Code. It appears to say that Congress wanted as few Chapter 13 cases to be a success as possible. Now, I've been wrong before, but the simple fact is that if you make a Chapter 13 budget too restrictive, it won't work; ordinary people, and for that matter extraordinary people, have expenses and needs, and they sometimes show up unexpectedly...

Chapter 13s Are a Rougher Ride because of Ransom

Posted on January 13, 2011
The Supremes have spoken again about a Chapter 13 issue, and most of the Justices agree: the credit card companies win, the car companies lose. Read all about in Johnathan Ginsburg's excellent bankruptcy blog, theBKBlog!NOTHING IN THIS BANKRUPTCY BLOG CONSTITUTES LEGAL ADVICE RE A CHAPTER 7, CHAPTER 13, CHAPTER 11, OR CHAPTER 12...

Guest Post from Jason Holmes

Posted on January 13, 2011
Please join me in welcoming Jason Holmes, who contributed a post and has asked me to publish it on my bankruptcy blog. Accordingly: A study on the increased bankruptcy fillings in Arizona The bankruptcy filling says a lot about the housing market of a country or that area...

Bankruptcy Homework

Posted on January 12, 2011
Why do I want you to do homework BEFORE you come to see me for the first time? Because then our meeting may be productive! If you don't do the homework, I can sympathize with you, but I can't tell whether I can help you very much. Kinda like a doctor and the x-rays...

Is Bankruptcy Immoral, Part II

Posted on January 12, 2011
Yesterday's post about the moral issues associated with bankruptcy got a ton of pageviews, and thank you! It appears that other bankruptcy lawyers have talked about that very issue, and here is somebody else who did so, specifically with an eye to scripture...

Is it Immoral to File a Bankruptcy?

Posted on January 11, 2011
Well, I've heard some people say that the increase in bankruptcy cases since the Depression hit is an indication that the American People have lost their moral fiber. On the other hand, there are massive increases and decreases in the numbers of bankruptcy cases that are filed every year...

I Built Two New Bankruptcy Blogs! I Hope You Like Them! Oh, and I Just Started Teaching About Blogging!

Posted on January 10, 2011
This weekend I started two new blogs about bankruptcy, and just started teaching about how to blog. One of the new blogs is called the Arizona Chapter 7 Bankruptcy Blog, and it has a little friend, the Arizona Chapter 13 Bankruptcy Blog. I'm still experimenting with the best way to get the most information out to the largest number of suffering debtors that I can; we'll see how this approach works, and I'll keep you posted...

Do Harassing Phone Calls Make People File Bankruptcy?

Posted on January 10, 2011
I only wish. Putting it a different way, people have a remarkably high tolerance for harassment, annoyance, and depression. They often deeply feel that their current inability to pay on a regular basis as a personal failure, and so they see being punished by extremely persistent bill collectors as a reasonable thing...

The Top Ten Best Bankruptcy Posts in the Arizona Bankrupcy Attorney Blog for the Month!

Posted on January 08, 2011
Here they are, and enjoy! Your Top Ten Bankruptcy Questions, Answered!There are some questions that come up with great frequency. I've posted blog entries to address some of those, and the most frequently asked... What happens in a First Meeting of Creditors in a Consumer Chapter 7 Bankruptcy in the District of Arizona Bankruptcy Court?The first meeting of creditors may be the only hearing in a Consumer Chapter 7 Bankruptcy Case...

Please Don't Let Them Garnish You! NOTE: It Doesn't Just Happen!

Posted on January 07, 2011
Garnishments are not like babies. They do not simply appear in cabbage patches, as babies do. Instead, garnishments have parents that love each other in a special way; the parents are a Summons and a Complaint. When a Summons and Complaint spend time in the privacy of your stack of unread papers, they can express their love in that remarkable way that only a Summons can feel for that one special Complaint in its life...

So How Bad is the Depression? Well, the Restaurant Across From the U.S. Bankruptcy Court Just Closed!

Posted on January 07, 2011
So there I was at the hearing, because today is Christmas! And after the hearing, I gave some serious consideration to some french fries at the Restaurant across from the U.S. Bankruptcy Court for the District of Arizona in Phoenix. Because many of my loyal health and longevity blog readers would never know...

I'm Almost HAPPY with a Bankruptcy Analysis Article I Wrote!

Posted on January 07, 2011
I know perfectly well that people struggle for years before reaching the point of no return concerning their upcoming bankruptcy, and then they contact an Arizona Bankruptcy Lawyer. But I've been thinking about how I can shorten the cycle of contemplation of bankruptcy for folks in Arizona, because there's too much suffering in the world, and if a bankruptcy is inevitable, it's best to get it filed, so you can go on to your life after bankruptcy! And I just put a lot of thought into the sort of analysis a smart, non-bankruptcy lawyer would need to do in order to consider filing a bankruptcy, so they could get to a pretty fair level of comfort and certainty that they are making the right decision when they file...

Nina's Christmas Surprise! And Was I Surprised!

Posted on January 07, 2011
"Joseph, what would you think of an employer who refused to let his employees spend time with their family on Christmas?" "Nina, a rotten boss like that would be lower than a snake's belly; he should be dragged behind a '54 DeSoto until he's half his current weight, and then turned on a spit over a Yule Log Fire until he's crispy and good with catsup...

Another Bankruptcy Resource!

Posted on January 06, 2011
I'm building a baby Bankruptcy Resources Blog, and today I added another resource. Be my guest!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 RATED, ON SUPERLAWYERS, OR JUST VERY EXPERIENCED AND A FORMER CHAIR OF SOME BANKRUPTCY SECTION OR COMMITTEE...

Why Do My Bankruptcy Telephone Guys Ask You Questions?

Posted on January 05, 2011
Here's the deal; I don't outsource my phones to "Peggy" in Vladivostok. And some people need more time; if you have a currently operating business, there's a good chance that my phone guys will set you for a full hour, instead of the half-hour we usually book for somebody with ordinary consumer debt issues...

Full Disclosure Is Fine in Bankruptcy Court; But Spokeo.com?

Posted on January 05, 2011
In Bankruptcy Court in Arizona and your Bankruptcy Schedules and Bankruptcy Lists, it's a good idea to play "Open the Kimono", because the bankruptcy trustees and the Bankruptcy Judges take a fairly dim view of failing to list assets or creditors, and it's a crime under some bankruptcy statutes...

So How Do You Lose a Job and Show Up as Unemployed? Bankruptcy Cases Still Going Up. A "Return to Normalcy?"

Posted on January 04, 2011
I'm an Arizona Bankruptcy Lawyer, but it's interesting to read about bankruptcy cases in exotic Hawaii, or even more exotic Oklahoma. And while the tales of increased numbers of filings didn't get my attention, two things did. On the one hand, a bankruptcy trustee indicated that the increased filings represented a "return to normalcy"...

Bankruptcy Jokes, Out-of-Work Jokes, Outsourcing Gag, and Insolvency Funnies!

Posted on January 03, 2011
I got these in my email, so if any of 'em tick you off, it wasn't me! If any of 'em make you laugh, you're welcome! Here you go, and enjoy! The economy is so bad that I got a pre-declined credit card in the mail. I ordered a burger at McDonald's, and the kid behind the counter asked, "Can you afford fries with that?" CEOs are now playing miniature golf...

The Sea Change from Bankrupt to Debtor, and the 2005 Amendments

Posted on January 03, 2011
There aren't a lot of Arizona Bankruptcy Lawyers who can use the word "bankrupt" without wincing; that's because they've only worked under the New Code, instead of the Old Act. I was privileged to work on cases still in progress under the Old Act, so I like to say "bankrupt" just to let the young whippersnappers wince and think about trying to correct me...

Is there Life After Bankruptcy?

Posted on January 02, 2011
If You HAVE to File, Is There Life After Bankruptcy? Recently a client sent me a lovely email discussing how well things had worked for them a short time after they had filed a bankruptcy. This is not to say that bankruptcy is a cure-all for what ails ya, or that it's fun, or easy...

Your New Year's Resolution Should Probably Be to File a Bankruptcy, You Know?

Posted on January 01, 2011
Happy New Year! New Year's Resolutions are thick on the ground. But if you've tracked down this site, which contains a lot of bankruptcy information, you probably already know that you need to file a bankruptcy. Some people have a feeling that they are obligated to spend every last nickel of their retirement funds in a futile effort to pay overwhelming debt, or in an effort to make relentless harassing telephone calls stop...

Municipal Bankruptcy Filings: Passing the Buck to Bankruptcy Judges

Posted on December 31, 2010
Something interesting (Pompeii was interesting, right?) is happening right now. People are getting older. You heard it here first. Now, getting older beats the alternatives, of course. But as people get older, they look with love at retirement. And they think happily about their pensions, and social security, and their savings...

The Best Bankruptcy Articles of the Arizona Bankruptcy Attorney Blog, as Determined by You!

Posted on December 31, 2010
Some of the articles in this blog get waaaaaay more traffic than the other articles. Here they are! Best Arizona Bankruptcy Attorney Blog Posts, According to Bankruptcy Clients and You! Your Top Ten Bankruptcy Questions, Answered!There are some questions that come up with great frequency...

A Bankruptcy Lawyer in Arizona Can't ADVISE You to Incur New Debt in Contemplation of a Bankruptcy

Posted on December 30, 2010
There is a funky, unconstitutional statute located inside the BARF Act, at 11 USC 526(4), and in relevant part it reads that a "debt relief agency", which translates as "bankruptcy attorney" for purposes of this discussion, cannot "advise an assisted person or prospective assisted person to incur more debt in contemplation of such person filing a case under this title" Let's examine how this unconstitutional, unethical statute plays out...

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