ARIZONA BANKRUPTCY

Misty Weigle will provide you with one-on-one, step-by-step guidance throughout your bankruptcy case. When you call her office, you will speak with Misty, as your attorney, and not a legal assistant or "client relationship manager" who does not know your name and is not familiar with your case. Misty Weigle has been an attorney for 15 years working exclusively in bankruptcy and offers the unique experience of having represented debtors, as well as bankruptcy trustees and creditors.

While every case is different based on the individual circumstances of each client, filing for Chapter 7 bankruptcy typically involves these steps: Complete a mandatory credit counseling course. Gather financial documents. File a voluntary bankruptcy petition with the Bankruptcy Court, along with other documents, such as your Schedules and Statement of Financial Affairs, which include details about your debts, income, assets, among other things. Attend a “Meeting of Creditors” (§ 341(a) meeting), where a court appointed trustee will review your case. Provide the trustee with any additional requested information. Complete a financial management course. Approximately 60-90 days after your Meeting of Creditors, the Bankruptcy Court will enter your bankruptcy discharge. In a Chapter 13, you will enter into a repayment plan for either 3 or 5 years (based upon your income). After which, the Bankruptcy Court will enter a discharge.

Yes. When you file for bankruptcy, the automatic stay immediately stops most collection activities, including garnishments, levies, many lawsuits, foreclosures, evictions, and harassing collection calls. However, some collections, such as child support, are not paused by the automatic stay and in some cases, the stay may only be effective for a limited time. It is important to talk to an attorney to determine what collection actions are affected and what actions creditors may take to get around the automatic stay.

No. You will not have to surrender all of your property when filing for bankruptcy. In a Chapter 7, non-exempt assets may be sold to pay creditors. But the Bankruptcy Code allows you to claim certain property exempt from collection to allow you sufficient property to make a “fresh start.” What exemptions you are allowed is complicated and should be discussed with an attorney. You are typically allowed to claim an exemption in property such as your home equity, household and personal belongings, bank accounts, a portion of your tax refunds, vehicles, firearms, tools of the trade, among other things.

A bankruptcy discharge is a court order that releases an individual from certain types of debt. Once a debt is discharged, you are no longer legally required to pay that debt, and creditors cannot take any collection actions on the discharged debts. Not all debts are dischargeable, such as child support and alimony, certain taxes, most student loan debt, among others. Your trustee or your creditors can object to your discharge under specific situations. It is important to discuss your specific case with an attorney to determine which debts will be discharged in your bankruptcy and what actions will put your bankruptcy discharge at risk.

Yes. There are several things you should avoid doing before filing bankruptcy. Do not make any large purchases with credit. Do not repay family members or friends. Do not bank at a financial institution where you owe a debt. Do not transfer or give away any property. These are only a few things to avoid. It is important to discuss your specific situation with an attorney to avoid any delays in your case, or worse case, the denial of your discharge in your bankruptcy case.

Attorney Fees: Attorneys’ fees are based on the complexity of your case. For a simple Chapter 7 case, flat fees start at $700.00. Credit Counseling Fees: You must complete mandatory, credit counseling course, which vary by provider, but which usually costs cost between $10 to $50. Bankruptcy Court Filing Fees: Currently, the filing fee for a Chapter 7 bankruptcy is $338.00 and the filing fee for a Chapter 13 is $313.00.

Yes. We offer flexible payment plans. You can discuss the details and arrange a plan that works for you at your free consultation.

The attorneys’ fees for Chapter 7 bankruptcy must be paid in full before your case is filed. Any unpaid fees become part of the debt discharged in your bankruptcy. In a Chapter 13 bankruptcy, attorneys’ fees can usually be paid over time as part of your repayment plan.

Yes. You can request to have your filing fee be waived or to pay the filing fee in installments. The Bankruptcy Court must approve any filing fee waivers or installment plans. This decision is based on your income. We can discuss your eligibility during your free consultation.

Yes. You can file bankruptcy without an attorney. However, bankruptcy laws are complex and filing with an attorney can avoid delays and/or the dismissal of your case. An attorney can advise you on what actions to avoid prior to filing your bankruptcy petition and make sure to claim proper exemptions to protect your property. The Bankruptcy Court details several reasons why it is important to consult with a bankruptcy attorney. Filing Without an Attorney | District of Arizona | United States Bankruptcy Court