Sep 28
What is the possibility of being charged with 1st degree burglary if nothing was stolen from the house and your 1st offense?
What is the possibility of being charged with 1st degree burglary if nothing was stolen from the house and your 1st offense?
My brother is being charged with 1st degree burglary for allegedly breaking into his baby’s mothers house but nothing was taken. However he got in a fight with a guy that was there. What kind of time could he be facing for aggravated assault with a deadly weapon and burglary in the 1st degree? Can they even charge him with burglary?
Answer: I would suggest that your brother hires an attorney right away. He may be facing some severe charges with possible substantial jail time. Yes, the state could charge your brother with burglary as to charge him they do not need to prove that anything was stolen. The state only needs to prove that there was unlawful entry (which it sounds like there was) and that there was intent to commit a felony. The fight with the guy there would constitute a felony as it sounds as if it was an aggravated assault with a deadly weapon. Thus, he could very easily be charged with burglary.
Have him seek help from a defense attorney or take advantage of a court appointed attorney.
Answered by:
My AZ Lawyers
2 East Congress Street, Ste. 900
Tucson, AZ 85701
Office: (520) 307-0020
Morgan McCain, Tucson AZ Bankruptcy Lawyer.
Re-Posted from AVVO Legal Questions and Answers.
Sep 28
Why would a dismiss w/o prejudice for attempted possession of drug paraph. Keep me from renting an apartment?
Why would a dismiss w/o prejudice for attempted possession of drug paraph. Keep me from renting an apartment?
I tried to rent an apartment in North Phoenix with my brother (who has a dui misdemeanor charge) and they did background checks on both of us and my dismiss without prejudice for attempted drug paraphernalia would not allow me to move in.. it was dismissed! They cleared my brother but not me. Am I going to be doomed for the rest of my life? I am now moving out of the apartment that we rented (I secretly lived here) and want to move somewhere nicer and closer to work. I’m scared I’m going to be denied again.
Answer: Every landlord is different with who they will rent. Sounds like the one you applied with is very particular. Landlords can choose not to rent to you for basically any reason that isn’t prejudicial based on race, ethnic origin, sex, or disability. In this case, the landlord chose not to take a chance on you because of the attempted drug paraphernalia. Even though it was dismissed, it was enough to spook the landlord and he simply chose not to offer you the apartment. Will the dismissed charge keep you from renting an apartment in the future? Perhaps. My suggestion would be to find a place you like, apply to live there and then be up front with the landlord about what he may find when running a background check on you. Explain the entire situation and explain to him that it was dismissed without prejudice and chances are pretty good that you will soon find yourself living somewhere nicer and closer to your work.
Answered by:
My AZ Lawyers
2 East Congress Street, Ste. 900
Tucson, AZ 85701
Office: (520) 307-0020
Rob Curigliano, Tucson AZ Bankruptcy Lawyer.
Re-Posted from AVVO Legal Questions and Answers.
Sep 06
What if my bank statements show deposits of more than the income stated on my bankruptcy petition?
What if my bank statements show deposits of more than the income stated on my bankruptcy petition?
My husband is self employed, I am unemployed and I filed for chapter 7 bankruptcy. At my 341 hearing the trustee asked for the past 6 months of bank statements. My husband’s business was shut down from Dec. 2011 – March 2012. In Jan. and Feb. we received financial help from a friend. In March, we had to run the business out of our personal account. In those 3 months our deposits equaled more than our income, is this going to be a problem for me?
Answer: The trustee asking for the past 6 months of bank statements is pretty standard. The unusual deposits may or may not be questioned by the bankruptcy trustee. If they are, have an explanation ready for them (which it sounds like you do) and you should be fine. The trustee has the right to look into the deposits further but chances are pretty good that he will not as long as you can explain that it was a friend helping you out.
* You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
Answered by:
My AZ Lawyers
2 East Congress Street, Ste. 900
Tucson, AZ 85701
Office: (520) 307-0020
Morgan McCain, Tucson Chapter 7 and Chapter 13 Attorney.
Re-Posted from AVVO Legal Questions and Answers.
Sep 06
Filing Bankruptcy
Filing Bankruptcy in Arizona
Question: I am married living in AZ. I will be filing for bankruptcy. Can you file separately or do you have to file together ? How long does it take ? My home will be going into foreclosure. I will be moving to NY in the near future for a job. Can I move before this situation is done is that possible ?
Answer: You may file either jointly or separately at this point. Once the bankruptcy petition is filed, the 341 meeting of creditors is set. The 341 meeting of creditors is usually set for about 6 weeks after the petition is filed. This may cause a problem if you move to New York before the 341 meeting because you will have to fly back for the meeting.
You should consult with an experienced bankruptcy attorney to discuss the advantages and disadvantages of filing a bankruptcy without your spouse.
* You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
Answered by:
My AZ Lawyers
2 East Congress Street, Ste. 900
Tucson, AZ 85701
Office: (520) 307-0020
Rob Curigliano Tucson Chapter 7 and Chapter 13 Attorney.
Re-Posted from AVVO Legal Questions and Answers.
Sep 06
Cease and Desist Letter To Creditors
Once I sent a cease and desist letters to creditors that I don’t owe they can no longer respond and if they do what are my options?
Answer: Depending on the content of the letter they are required to stop contacting you. However, this does not eliminate the debt that you owe them.
Telling creditors to cease contact with you may speed up the creditors willingness to file a lawsuit against you.
You have a number of options for remedying your debt once you have notified them that they are not to contact you.
Depending upon your financial situation and the amount you owe to creditors, you may try to settle your debts, attempt to wait until the statute of limitations has expired on collecting the debt, or file for bankruptcy to discharge the debt that you owe.
You may want to discuss options regarding your financial situation with an experienced attorney.
* You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
Answered by:
My AZ Lawyers, PLLC
2 East Congress Street, Ste. 900
Tucson, AZ 85701
Office: (520) 307-0020
Morgan McCain Tucson Chapter 7 and Chapter 13 Attorney.
Re-Posted from AVVO Legal Questions and Answers.
Sep 06
A constable served me papers and said I had to be court on a set date or a warrant would be issued for me
A constable served me papers and said I had to be court on a set date or a warrant would be issued for me
A: The paperwork was served to you by a constable which is good service of such paperwork. You will need to address the issue on the order to appear or, yes, there will be a warrant issued if you fail to appear in court or you will lose the case because of a failure to appear. Depending on what the paperwork says.
I would recommend that you seek counsel and get yourself prepared to defend you and your interest in this matter. I am guessing since it is from a landlord from over a year ago that the landlord is seeking to collect on a debt that he feels that you owe. Even if it was from a year ago when you dealt with this landlord, he still is well within the time-frame allowed to seek collection of the debt from you and he has had you properly served. Please seek assistance in preparing to defend yourself in this matter.
* You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
Answered by:
My AZ Lawyers, PLLC
2 East Congress Street, Ste. 900
Tucson, AZ 85701
Office: (520) 307-0020
Morgan McCain, Tucson Chapter 7 and Chapter 13 Attorney.
Re-Posted from AVVO Legal Questions and Answers.
Sep 06
Thinking About Filing Chapter 7 Bankruptcy
Thinking About Filing Chapter 7 Bankruptcy
Q: Hi my wife is considering filing Bankruptcy for credit cards about 60000.The Mortgage is under her name only my name is on the deed with hers.Can they take assets from the house.The house is worth double of what we owe.
A: You will want to speak with an experienced bankruptcy attorney in New Jersey to determine whether you are eligible to file for bankruptcy and whether it would be prudent fro you to do so. All things being equal, 60,000 in credit card debt is a significant hurdle to overcome.
You should schedule a consultation with an attorney in your state to determine what is the best course of action for you. Luckily, the vast majority of bankruptcy attorneys provide free initial consultations to evaluate your case.
* You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
Answered by:
My AZ Lawyers, PLLC
2 East Congress Street, Ste. 900
Tucson, AZ 85701
Office: (520) 307-0020
Rob Curigliano, Tucson Chapter 7 and Chapter 13 Attorney.
Re-Posted from AVVO Legal Questions and Answers.
Aug 20
The Best Spending Budget To Stop Bankruptcy
The Best Spending Budget To Stop Bankruptcy
Be Fiscally Conservative By
Spending Less on Your Clothing
There are many different ways to avoid having to file for bankruptcy. You may be told to sell some of your things to pay bills, negotiate with creditors, or to restructure your life. Perhaps something as easy as formulating a better budget is an easy way to avoid having to file for Tucson bankruptcy. One of the ways that you could consider to tighten your budget is to reduce the money that you spend on clothes. Sure, it may be easy to just not buy any new clothes, shoes, or garments. However, some jobs require that you have up to date, fashionable clothing. Other jobs require a uniform or clothes and shoes to perform the job. Sometimes the clothes do make the man (or woman). Sometimes clothing and shoes are a necessity.
Using some creative money strategies may allow you to reduce the amount of money that you have to spend in this aspect of your life. Reducing resources spent on clothes and shoes will allow monies to go towards satisfying the many debts that have been looming over your head. Remember, this budget and reduction has to be done by you as there is no way that those shoes you have had your eyes on at the mall are just going to (all of a sudden) become affordable. Even some of the sales rack items are still going to be more than you are willing to pay.
By looking for your clothes and shopping in different places, you won’t have to sacrifice your love for style even though you are sacrificing some of your clothing budget. Not overspending for clothes is the key to reducing your clothing budget. First of all, you should shop with cash only. Though this may seem old-fashioned, when you limit yourself to shopping with cash for clothing, you will limit the temptation to overspend on a credit card. It’s too easy to swipe that little plastic card in exchange for that new dress or shirt that you have been wanting. When you use only cash for your clothing purchases, if you don’t have the money then you can’t spend it. Cutting back on your credit card use is a bonus. Plus, its never fun to pay for items that you bought months ago.
Many times some of the best deals can be found outside of the mall. On-line shopping can be a great source of bargains. However, when you shop on-line the instant gratification of wearing your purchase is not fulfilled. There are many discount chains that offer you the same quality, name-brand clothing and shoes at a fraction of the cost.
4 best places that you can shop on a budget in Arizona
Marshalls – www.marshallsonline.com
Ross – www.rossstores.com
TJ Maxx – www.tjmaxx.com
Norstrom Rack – shop.nordstrom.com/c/nordstrom-rack
Great stores like those above are stores that you may find brand name clothing that was originally put in the department store but then was removed because of a surplus. The items found in these stores are great-quality clothing and shoes, but are sold at the discount stores for a fraction of the price. Hitting the sales racks at the discount stores way garner you even better deals. However, just because things are a fraction of their regular price, don’t be lured to by items you didn’t need just because they were on sale. Also, be aware of impulse buys! Impulse buys are never a good idea when you are on a budget. Only purchase the items that are essentials for your work or your wardrobe at the moment.
A few other local places that you may try to not only find gently used name brand clothes at a fraction of the cost but you could also sell some of your clothing on consignment. Reducing the amount of clothing that you have by selling some of the things you don’t wear anymore is another thing that will help you make a better budget and give you a better chance at avoiding bankruptcy.
There are many discount and used clothing stores throughout Phoenix metro area and around the valley. The popularity of such stores is growing as the economic downturn endures. Seek out the assistance of a Tucson AZ chapter 7 lawyer for additional ideas and ways to better your budget and how you may avoid financial hardships and bankruptcy.
Published By:
My AZ Lawyers, PLLC
By Morgan McCain
2 East Congress St. Ste. 900
Tucson, AZ 85701
(520) 307-0020
Republished From:A Better Budget to Avoid Bankruptcy
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Aug 16
Unexpected Debt Can Lead to Financial Hardships
Unexpected Debt Can Lead to Financial Hardships
Seek Out a Tucson Debt Relief Expert for Assistance
Debt relief experts in Tucson, Arizona can assist you when facing financial hardships in Tucson, Pima County, Arizona. You may have faced a situation where you need to take on a debt. (Either expected or unexpected) Sometimes this is an urgent need or an unexpected obligation that forces you to let your other bills and financial commitments go unpaid. It happens that unwanted and unexpected events come up that destroy you financially, no matter how carefully you have planned your finances. Often times taking on this additional financial burden takes its toll and you soon realize that getting out of the accumulated debt is not easy, and that burden of debt weighs heavily. In certain cases of larger debt, it can be crushing. It is completely reasonable to feel the pressure and anxiety when your debt becomes more than you can handle.
Despite the reasons for the debt or your attempts to rectify the situation, when the debt gets too overwhelming, one option that you have is to explore filing Chapter 13 or chapter 7 bankruptcy protection in Arizona. Filing bankruptcy protection may help you recover your finances and give you a fresh start. You do not have to do this alone! And you are not alone, as countless people (1.5 million in the US each year) are facing a similar situation. There are experienced bankruptcy attorneys and debt relief experts that can help you to answer your questions and who can give you the best advice as to get you out of debt and back to your life.
Because individuals experience setbacks in life such as accidents, a death in the family, job loss, illness, divorce, or business failure, debt happens. With talk in the news about “financial bailout,” maybe you have asked yourself upon finding yourself in unexpected financial distress, “what about MY financial bailout?” The creditors do no stop calling, bills are going unpaid, and your debt is getting way over your head. There are options for you, do you know and understand your options when you’re at the point where you’re reading a blog regarding bankruptcy?
Consult an Arizona bankruptcy law office to help you choose the best path you need to take on the road to your financial recovery. There are lots of reasons to feel financial pressure and stress due to troubled economic times. If there is not enough money to pay the bills, and it seems there is nowhere to turn, no one to help, and no escape from the daily stresses of the situation, then it is time to seek some debt relief. The lawyers are experienced to find solutions to your money problems. Divorce, debt relief, and bankruptcy attorneys can explain your options and how your decisions from here on out will affect your life in the future.
In order to stop the creditors, stop the phone calls, and stop the pressure you have to deal with on a daily basis. Making a phone call to discuss your particular circumstances could just quite possibly be your financial bailout. Do not wait to consult an expert, as if you do not see a resolution to the problem in the near future, the debt and stress and aggravation will compound. A Tucson debt relief expert can help guide you through dealing with your creditors.
In many cases, the longer you wait, the fewer choices for debt relief you may have. You are ultimately in charge of the decisions that you will make to get your finances back on track. Now that you are ready to make a resolve to overcome your financial issues, get the financial advice, the fresh start, and the financial bailout that you have been looking for. There are many Arizona debt relief agents that are waiting to assist you.
Jul 30
Can Social Media Damage Your Individual Bankruptcy
Can Social Media Damage Your Individual Bankruptcy?
BEWARE: Facebook Posts Can Affect Bankruptcy
Many people in Arizona and throughout the United States have grown to love social media, especially Facebook. Social Media outlets are a great way to stay in touch with family and friends. Despite that, posting your personal information on-line has also opened a window that allows others to peer into your personal life. I doubt many Bankruptcy Trustees or creditors are looking up debtors to see if they are telling the truth about their personal assets. However, it can take less than two minutes to find out a lot about a person and their assets by simply looking on-line. It is always a good idea to keep your profile “private”. This will keep people from finding out too much information about you but is far from safe. More importantly, if you are considering filing bankruptcy, be sure to disclose all of your assets and property to your bankruptcy attorney. If they know about your property then they can almost always protect it, or at least put you in the best situation to keep as much of it as possible.
With the ever growing popularity of social media sites, the practice of law has adapted and changed with the growth. Facebook, Twitter, Google+, LinkedIn and other social media sites have changed the practice of law. Family Law and Divorce attorneys regularly review the opposing party’s Facebook profile for evidence of adultery or hidden assets. In some cases, prosecutors present online photos to juries as evidence of guilty behavior. It is a common practice of bill collectors to troll social media sites looking for assets and locating debtors. If you aren’t careful, these same tactics can affect the progress of your bankruptcy filing as well. Seek the assistance of your Arizona bankruptcy lawyer when going through the bankruptcy process in Arizona. A Tucson AZ bankruptcy lawyer will warn you on what posts and pictures might adversely affect your bankruptcy.
Ways Social Media Could Affect Your Bankruptcy
1. Posting Pictures of Luxury Spending: Trips, Vacations, High Ticket Items
2. Boasting about Side Jobs or Getting a New Job
3. Showing Off Personal Property that is Not Listed
Many of the ever-growing followers of social media do not guard what they post online for the world to see. Rarely do individuals at the start of a bankruptcy, (or later in the midst of one), consider that the photos and postings of their new toys (cars, TV’s) their vacation or weekend getaways, or other purchases are at risk for being brought into evidence in the bankruptcy court by a bankruptcy trustee. Recent vacations and purchases may raise concern with the bankruptcy trustee as to how debtors are spending their financial resources. Remember, creditors, bill collectors, and the bankruptcy court appointed trustee of your bankruptcy estate may be trolling social media sites looking for evidence that your situation has changed, or that you were not entirely forthcoming in the listing of your income, assets, and job positions on your bankruptcy petition and paperwork.
Don’t be so naive to think that that limiting access to your profile to “friends only” will help. Facebook and other social media information can easily be subpoenaed – do not assume any right to privacy for your online materials. Is it really necessary to tell everyone about what is going on in your world? Do you really need to show off and seek out the approval of others? If so, be prepared to have your not-so-private personal information used against you.
Related Post:
Published By:
The Bornmann Law Group
By Evan Bornmann
2 East Congress St. Ste. 900
Tucson, AZ 85701
(520) 306-8729
Re-Published from: Can Social Media Ruin Your Bankruptcy
Jun 11
When You Should Retain A Tucson Bankruptcy Law Firm: Part 2 of 3: Effectively Registering
When You Should Retain A Tucson Bankruptcy Law Firm: Part 2 of 3: Effectively Registering
An additional aspect of the bankruptcy filing process that you might not have knowledge of is the consumer bankruptcy court filings and guidelines. We’ve heard several horror stories about individuals who have submitted bankruptcy by themselves and have created a greater wreck as the filings are incorrect. The most sensible thing that one could do would be to speak to a Tucson AZ bankruptcy attorney to guide you throughout the bankruptcy procedure. A number of people who have tried to file their own bankruptcy typically end up using a bankruptcy legal professional to have their bankruptcy recorded both timely and properly.
One of the initial points that your bankruptcy legal professional will determine is if you’re currently eligible for personal bankruptcy. There are new requirements when declaring bankruptcy like the need to get have credit counseling by an accredited credit counseling class within the past 18 months.
A lot of people obtain the forms and plan to get it done, and the paperwork just sits on the counter getting dusty. All it will take is encountering that one question which you have no clue how to answer, and your attempt for submitting bankruptcy yourself goes away. Don’t take a risk with your finance future. Talk to a Tucson AZ bankruptcy law firm who’ll set up a time to discuss your case with you.
Jun 10
When You Should Retain A Tucson Bankruptcy Law Firm: Part 1 of 3 – The Means Test
When You Should Retain A Tucson Bankruptcy Law Firm: Part 1 of 3 – The Means Test
There are lots of consumers in the Tucson area that are at a point where they may need to soon consider filing bankruptcy as a method for their existing unenviable financial circumstances. A lot of of these individuals are interested why it is crucial they use a bankruptcy attorney when submitting Chapter 7 or Chapter 13 bankruptcy in Tucson.
Working with a professional Tucson bankruptcy law firm is not required by law, nonetheless, there are compelling factors why you need to have legal guidance when declaring Chapter 7 or Chapter 13 individual bankruptcy in Tucson, Arizona.
Recent adjustments in federal bankruptcy regulations are making filing for Chapter 13 or Chapter 7 more difficult. For instance, you are now required to have a “means test” when declaring consumer bankruptcy. The Means Test is to determine whether you are qualified to receive a Chapter 7 personal bankruptcy filing. Submitting a Chapter 7 bankruptcy discharges the financial debt you owe.
The latest bankruptcy means test can be hard and perplexing, and if you record it erroneously, it might be determined that you don’t qualify for a Chapter 7 bankruptcy. This area of a bankruptcy filing is very vital that it may be dangerous. Should you wish to do it yourself and record the Means Test wrong, you can endanger your chance to become released from your debt by way of a Chapter 7 consumer bankruptcy.
Consult your Tucson bankruptcy attorney as it can be a relief to get the aid of a professional bankruptcy law firm if you’re considering filing individual bankruptcy and have to complete the required Means Test.
Jun 08
Tucson Bankruptcy Question
Q: Tucson Bankruptcy Question
About 2 years ago I had filed bankruptcy personally as well as business. The problem is the the lawyer who handeled my case did not list the business name in the filling. I now have someone chasing me after the business name. According the lawyer I will have to file bankruptcy all over again for the business name. Of coarse this will cost me $1,500 so can you tell me if I am being mislead?
A: There are many faucets to this case. A thorough review of all of the facts would probably be recommended.
Many bankruptcy law firms offer a free consultation and debt evaluation. Take advantage of one of these offers and bring in your documents and information. I would seek a 2nd opinion and see if you are being mislead.
* You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
Answered by Parker Evan Bornmann, Tucson Bankruptcy Lawyer.
Re-Posted from AVVO Legal Questions and Answers.
Jun 08
How do I get a collection agency to stop harrasing me after paying the ballance in full?
Q: How do I get a collection agency to stop harrasing me after paying the ballance in full?
I’va paid the ballance, called the collection agency and faxed CC statements as proof of payment to both collection agency & debtor yet still recieve letters threatening my credit if I don’t pay again.
A: Sorry about the luck that you are having with the collection agency. Sounds like you have attempted to prove to them that you have paid your balance. You may next want to send them a letter via regular mail and certified mail with the proof that you have paid the debt that they claim that you still owe. If a certified letter doesn’t do the job, there are other rights that you have under the Federal Debt Collections Practices Act (FDCPA) which the collection agency must abide by and an act that protects everyone from unfair collections..
If collection action still persists, you may want to hire an attorney to contact the collection agency. Just don’t pay a bill again that you have already paid.
* You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
Answered by Parker Evan Bornmann, Tucson Bankruptcy Lawyer.
Re-Posted from AVVO Legal Questions and Answers.
Jun 08
Does our current mortgage company have to restart the foreclosure process?
Q: Does our current mortgage company have to restart the foreclosure process?
We have been discharged from a Chapter 7 bankruptcy for just under 2 years. We did not reaffirm with the house and it is shown on our credit report as included in the the BK. We have tried for several different modifications and even though we were discharged our case was still open (it just closed a few weeks ago) so they could not sell the house. Because so much time has passed – does the process of forclosure have to start over or can they sell the house at their next scheduled sale date? They did send us pre-approval for the HAFA program (short-sale or deed in lieu), but we don’t want to “re-start” the clock and damage our credit or not be able qualify for an new mortgage within the next few months.
A: It is a common practice for lenders to postpone the foreclosure date. While in theory this might be a violation of the stay, postponing a foreclosure date is a fairly frequent occurrence. I would contact the company to find out when the next foreclosure date is.
* You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
Answered by Parker Evan Bornmann, Tucson AZ Bankruptcy Attorney.
Re-Posted from AVVO Legal Questions and Answers.
Jun 08
Wage Garnishment
Wage Garnishment
Q: I have benn summons to a garnishment of wages in the state of Arizona. Also it shows that I have a middle name which I do not will that make a difference? Now what are my options or steps (as I can’t afford the 25% garnishments) to stop the garnishment as I recieved the summons from my employer.
A: You may be able to work out a payment plan with the creditor, but the odds of them accepting a payment plan after judgment and submission of a writ of garnishment is slim. You may be able to reduce the 25% if that amount would cause a hardship. Fill out the form your employer should be giving you and request a hearing to reduce the 25%.
You may want to consider bankruptcy as a possible option because once a bankruptcy is filed the garnishment will be stopped. If you have other debts like credit card, medical bill, or deficiencies from repossessions, you may want to consult a Tuscon bankruptcy attorney to evaluate a possible bankruptcy.
* You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
Answered by Parker Evan Bornmann, Tucson AZ Bankruptcy Attorney.
Re-Posted from AVVO Legal Questions and Answers.
Jun 05
Best Tucson Bankruptcy Lawyer
Best Tucson Bankruptcy Lawyer
Experienced Bankruptcy Attorney in Tucson, Arizona
On behalf of the Bornmann Law Group, PLLC. Posted in Mesa Bankruptcy on Tuesday, June 5th, 2012.
Finding the best Tucson bankruptcy lawyer can be one of the most important decisions you make when you are considering filing for chapter 7 or chapter 13 bankruptcy in Tucson, Arizona. Both the experience and dedication of your Tucson bankruptcy attorney can help you decide if bankruptcy is the right debt relief option for you and your family. Having a bankruptcy attorney that you trust and are comfortable with gives you added piece of mind when proceeding with declaring bankruptcy in Tucson, AZ.
Our affordable and knowledgeable Tucson bankruptcy attorneys provide our clients, both large and small, with the highest quality debt relief representation and bankruptcy assistance. Our Tucson bankruptcy law firm offers the customer service typically only associated with larger bankruptcy firms, but with the personal service, attention and responsiveness of a smaller firm. This is another quality you should seek out when searching for the best Tucson bankruptcy lawyer.
There are many bankruptcy attorneys in Tucson and Pima County, Arizona. The important choice is deciding who is the right bankruptcy lawyer for you and your financial situation as you persue chapter 7 or chapter 13 bankruptcy in Tucson, Arizona. There are many circumstances that arise, sometimes unexpectedly, that may be the reason that you are seeking the assistance of a Tucson debt relief expert. If any of the following circumstances apply to your current financial situation. You should strongly consider contacting a Tucson bankruptcy lawyer for assistance.
Considering Declaring Bankruptcy? Do Any of the Following Apply to You?
- Do you have maxed out credit cards?
- Are you behind on utility payments?
- Have your utilities have been shut off?
- Are creditors harassing you at home and work?
- Have you recently lost your job or had a reduction in hours?
- Has one or more of your vehicles has been repossessed?
- Do you have multiple payday loans?
- Are you only making minimum monthly payments?
- Facing foreclosure or eviction?
- Are you worried about your family’s financial security?
- Behind on your mortgage?
- Unable to keep up with the first and second mortgage payments?
- Are you using one credit card to pay another?
- Have you have “bounced” one or more checks recently? (NSF checks)
- Do you need an opportunity to get your financial affairs back in order?
Hiring a Tucson Bankruptcy Attorney
Something else to consider when you are looking for the best Tucson bankruptcy attorney is to find a bankruptcy lawyer who is willing to offer you a free consultation. You should also find a Tucson bankruptcy lawyer who will work with you as far as a payment plan to assist you with the payment of your bankruptcy fees. It is also important that you seek out a Tucson bankruptcy attorney who you like and with who you feel comfortable working. There are many options in Tucson as far as bankruptcy law firms, take your time and choose your best Tucson Bankruptcy Lawyer.
Jun 03
Renting A Property After Processing Chapter 7 Individual Bankruptcy In Arizona
Renting A Property After Processing Chapter 7 Individual Bankruptcy In Arizona
We recently had a customer come into our Tucson bankruptcy law office to file for a Chapter 7 individual bankruptcy. Our customer presently lives in a rented apartment in Tucson but wants to get a cheaper place to live.
Our customer’s lease on his apartment goes through the end of the year and he must declare bankruptcy before then. The issue that the client has is that he might not be able to receive a new lease on a residence just after declaring bankruptcy.
Will the Chapter 7 personal bankruptcy that he is registering make acquiring a new lease unachievable?
A good point to always consider is the months immediately following a bankruptcy filing are a time when a persons credit score is the most weakened. Credit scores usually are at their lowest immediately following a Chapter 7 or Chapter 13 bankruptcy processing. Our Tucson chapter 7 attorney let our client know that it’s very likely that he would have a difficult time finding a property owner who would rent him a property immediately after proclaiming bankruptcy.
A better option for our customer, rather then filing for bankruptcy and then attempting to secure a new place to rent, would be for our client to sign a new lease contract on a different residence prior to declaring bankruptcy and then reject his existing rental in the Chapter 7 individual bankruptcy filing.
Our bankruptcy consumer took the counsel of our Tucson AZ bankruptcy law firm and he has signed a new lease on a lower priced place to live. Our client will be rejecting his present lease in his Chapter 7 personal bankruptcy filing. The chapter 7 bankruptcy also will clear away all future rent to be paid and penalty charges accrued for not satisfying the lease’s conditions.
May 11
Safeguard Your Fiscal Interests – Retain An Experienced Bankruptcy Law Firm
Safeguard Your Fiscal Interests
Retain An Experienced Bankruptcy Law Firm
A professional Tucson bankruptcy attorney will go quite a distance when you are thinking about bankruptcy in Tucson, Arizona. Not only will the experience of a devoted bankruptcy attorney assist you to assess if chapter 7 or chapter 13 bankruptcy is the right debt settlement selection for your financial situation. The experience of a Tucson bankruptcy law office is also significant when it comes to filling out your bankruptcy petition, addressing your collection companies, and representing you in the Arizona bankruptcy courts. Make certain you do it perfect the first time, use an experienced bankruptcy lawyer to assure that your Tucson bankruptcy registering is done in a timely and professional way.
Regardless of the step in the personal bankruptcy process and even if you haven’t yet filed, you could really benefit from involving an experienced Tucson bankruptcy law firm. The experience of a bankruptcy legal professional will help you throughout the decision-making matter as you decide if filing is the perfect move for you because there are several alternatives to bankruptcy available to you. Experience counts and isn’t it the best idea to have the expertise helping you working for you?
Arizona Bankruptcy laws is definitely a complex legal area with laws that frequently change. A lot of Tucson law offices merely dabble in bankruptcy law without staying at the cutting edge of bankruptcy exemptions or alterations to the legislations. Make sure that you use an expert bankruptcy law firm to file your chapter 7 or chapter 13 bankruptcy in Tucson, Arizona.
A skilled bankruptcy attorney from the Bornmann Law Group, PLLC will even benefit you as their expert legal representatives and staff members will navigate the considerable amounts of forms, petitions, and other documentation that has to be filled out and submitted within strict due dates. By finding a qualified bankruptcy law office, it may help to be sure your crucial bankruptcy documentation and deadlines aren’t forgotten. A Tucson AZ bankruptcy attorney shall be there with you every step of the way and aid you in acquiring a “fresh start” through consumer personal bankruptcy in Tucson.
May 08
Do I Qualify for Chapter 7?
Do I Qualify for Chapter 7?
Posted on behalf of the Bornmann Law Group, PLLC. on Monday, May 7th.
Are you considering filing for bankruptcy but are not sure if you qualify? To qualify for relief under chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. Subject to a means test for individual debtors, relief is available under chapter 7 irrespective of the amount of the debtor’s debts or whether the debtor is solvent or insolvent. Chapter 7 bankruptcy is the most popular form of bankruptcy for individuals, families, and businesses in Tucson, Arizona.
There are certain things that can stop someone from filing for chapter 7 bankruptcy. An individual cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor’s willful failure to appear before the court or comply with orders of the court, or the debtor voluntarily dismissed the previous case after creditors sought relief. In addition, no individual may be a debtor under chapter 7 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. The credit counseling is part of laws passed during the bankruptcy changes of 2005.
For many people in the Tucson, Arizona area, filing bankruptcy is something that they have to do in order to get them a “Fresh Start”. The debtor has no liability for discharged debts. In chapter 7 bankruptcy filings a discharge is only available to individual debtors, not to partnerships or corporations. Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Chapter 7 bankruptcy is fairly straight-forward, however, there are many rules and hiccups that could cause a person to jeopardize their ability to file for chapter 7 bankruptcy.
Contact an experienced bankruptcy lawyer at the Bornmann Law Group, PLLC. The Tucson bankruptcy law firm offers free bankruptcy consultations and free debt evaluations. Instead of guessing with your options, ask the experts who will steer you in the right direction. There are many forms of debt relief available to residents in Tucson and throughout Pima County in Arizona, if you don’t qualify for chapter 7 bankruptcy, there are several alternatives to bankruptcy that you will qualify. Call today and find out your options.
If you have questions about qualifying for chapter 7 or chapter 13 bankruptcy in Tucson, Arizona, please give our Tucson bankruptcy law firm a call at (520) 306-8729. There is life after bankruptcy. Our experienced Tucson bankruptcy lawyers look forward to assisting you.
May 03
How Our Tucson Bankruptcy Lawyers Can Help
How Our Tucson Bankruptcy Lawyers Can Help
Bankruptcy Attorneys in Tucson, Arizona
On behalf of the Tucson bankruptcy law firm of the Bornmann Law Group, PLLC in Tucson, Arizona. Our Tucson bankruptcy law firm provides professional counsel and advice for financial situations regarding: chapter 7 bankruptcy, chapter 13 bankruptcy, filing bankruptcy in Tucson, foreclosures, repossessions, short sales, wage garnishments, and loan modifications. Our Tucson bankruptcy lawyers can help you.
When a consumer in Tucson, Oro Valley, or Marana, Arizona has an uncontrollable amount of debt, and it appears that all hope has been lost, that is where our bankruptcy firm steps in to pick up the pieces and even potentially help you use filing bankruptcy as an offensive weapon. Our Tucson bankruptcy law firm has built a growing reputation in the Tucson legal community for our ability to successfully litigate and help clients file for bankruptcy, our knowledgeable attorneys and staff may be able to help you too!
There are few life situations more stressful than financial problems. Unfortunately, a person’s financial situation often gets worse rather than improving as time passes. Most people desperately want to honor their financial obligations, but have too much outstanding bills to hope to pay in a timely manner. If you are one of these individuals who are struggling to make ends meet and have too much financial burden, our Tucson bankruptcy law firm can help you.
Without the guidance of an experienced Tucson bankruptcy lawyer, you may very well make both your financial situation and your financial future worse by: juggling credit cards and racking up more debt, emptying retirement accounts, borrowing money from relatives, payday loans, and various other quick fix remedies which are often attempted; soon there is nothing left! These actions can cause more harm than good; in bankruptcy, you do not have to liquidate most retirement accounts, and there is no need to destroy your financial future.
It is critical that you get knowledgeable advice from one of our Tucson bankruptcy lawyers, debt relief experts, or Tucson bankruptcy attorneys to evaluate your situation, and advise you as to the best course of action in your case. Each individual or business in Tucson has their own unique situation, and finding a workable resolution that causes the least harm to the client is our goal. We invite you to contact us without delay, and before the situation creates further stress, loss of property or legal action.
Contact our Tucson Bankruptcy Attorneys at (520) 306-8729. Our Tucson bankruptcy law office offers evening and weekend appointments, we have payment plans for all budgets, and we look forward to assisting you with your financial situation.
May 03
Welcome to our Tucson Bankruptcy Blog
Welcome to our Tucson Bankruptcy Blog
Our Tucson bankruptcy attorneys are pleased to announce the launch of our bankruptcy blog.
To contact our bankruptcy lawyers in Tucson, Arizona call and set up a FREE consultation at (520) 306-8729. We look forward for the opportunity to assist you.
May 01
Fine Tucson Arizona Bankruptcy Lawyers
Fine Tucson Arizona Bankruptcy Lawyers
Our Tucson bankruptcy legal professionals are here that will help you learn about the procedure for filing bankruptcy in Tucson, Arizona. In today’s economic upheaval in Tucson, Mesa, Glendale, and Phoenix, Arizona, numerous hardworking, sincere individuals, enterprises, and families are being crushed by financial issues, garnishments, repossession, and real estate foreclosure difficulties. Many are losing their cars, their homes, and their savings. These hardworking individuals need sound legal services, immediate debt help, and the opportunity at a “Fresh Start”. Our Tucson AZ Bankruptcy Lawyers can supply the support which they need.
Our skilled Tucson bankruptcy practitioners offer our clients, both large and small, with the highest quality debt help counsel and individual bankruptcy aid. Our bankruptcy law practice offers the support service normally only linked to larger bankruptcy providers, although with the personal support, attention and responsiveness of a smaller firm. Yet another quality it is best to look for while searching for the best bankruptcy law office.
There can also be a few quality solutions while searching for the best bankruptcy law office in Tucson. Find a bankruptcy attorney that you feel safe with and that has the time to give you the one on one consideration and representation that you have earned. As a consequence of the present state of Tucson’s economic system, many of Tucson’s 442,445 men and women and Tucson’s 146,643 households are finding it hard for making ends meet and could use some method of help with debt.
There are several choices when choosing who might be the best bankruptcy legal professional to suit your needs in Tucson, Arizona. There are also many reasons you might have for seeking the assistance of a Tucson bankruptcy lawyer. If you’re looking for the best bankruptcy attorney, please get a hold of our bankruptcy law practice and see how we will help you through your current financial predicament. We deliver FREE individual bankruptcy consultations daily along with evening and weekend meetings. Our costs are one of the most cost-effective in all of Arizona, furthermore, we have payment plans for each budget. Get a hold of our Tucson bankruptcy legal professionals today. We look forward for the possibility to help you.
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