Top Three Questions Frequently Asked By Bankruptcy Clients In Arizona

Answered By The Mesa Bankruptcy Attorneys At Fife & Cesta

Question 1:

Q: What can I do if my lawyer did not file the documents he was supposed to file and my bankruptcy case was dismissed?

My lawyer filed on the case, the court sent me a letter to the fact that a list of the creditors had not been filed in the form they wanted and they dismissed my case.

A: Improperly filed schedules or statements can cause a dismissal; but if the documents are filed properly and a motion to reinstate is filed soon, then this should be easy to fix.

You do not have a lot of time to get this fixed, so if the problem happened within the last week I would try again Monday by email and copied by fax, requesting an answer by the end of the day, and informing him that if he does not respond immediately that you will contact the bar association to see if they can reach him for you. Just make sure the tone of the correspondence sounds concerned about your case, but not confrontational. Then if he does not respond by Tuesday, call the bar.

If it has been more than a week I would recommend hiring another attorney to assist you and right away. If the new bankruptcy attorney in Mesa AZ can help, great. Proceed with new counsel, and contact the bar association for fee arbitration.

If you wait and the dismissal remains then any claim you have against the attorney will be an asset of the new estate. But if it can be reinstated you have an argument that it is a post-petition asset. Still, you will need to inform the Trustee so the Trustee can decide if this is something he/she wants to go after.

Re-Posted from http://fifecestalaw.com/arizona-lawyer/bankruptcy-case-dismissed/

Question 2:

Q: Does a creditor violate the law if a lawsuit does not reflect payments made?

A: Perhaps, but it depends on what the complaint actually states and how it says it. It could be that the complaint does violate Rule 11, but most likely no.

However, to contest the amount you will need to file an answer. If you do not believe that the Complaint reflects an accurate amount owed, you will still need to consider whether you will pay more in terms of attorneys' fees and court costs by contesting the complaint that if you do nothing.

Another alternative is to contact the creditor or law firm and discuss the payments you made with them. Once you put the law firm on notice that the damages are wrong, the law firm has a duty to verify this with the creditor. And if you can stipulate to an amount, they can enter the stipulation and you will not have to pay the answer fee.

Alternatively, depending on how much you are being sued for, what other debts you have, and how much income you have, it may be a good time to consider bankruptcy. Many Mesa bankruptcy law firms, like ours, will consult at no cost.

Re-Posted from: http://fifecestalaw.com/uncategorized/creditor-violate-law-lawsuit-reflect-

payments-made/

Question 3:

Q: Is it possible to be sued for judgment amount when it's been dismissed in an individual bankruptcy?

A: So long as the judgment is dischargeable, the discharge will remove the debt. You will find reasons it might not be dischargeable, but a majority of judgments are dischargeable. Your Mesa bankruptcy lawyer will advise you about this.

However, if there is already a judgment in place, you should be prepared for a garnishment of your accounts. Arizona possesses an exemption of $150 for just one banking account per person, or $300 inside a joint account. Which means that for those who have an individual account in Bank A with $155, as well as a joint account in Bank A with $155, along with a joint account in Bank B with $300, then if a garnishment is given to Bank A as well as Bank B, $10 at Bank A will not be exempt, but the money at Bank B is going to be, but only because Bank A and Bank B do not know what each holds. If Bank B could be aware of your accounts at Bank A, then none of the money at Bank B can be exempt.

Until you file, it would a great idea to get live checks instead of direct deposit for your wages. You may have to send money orders to your utilities to pay them, but it sure beats finding the funds garnished.

Re-Posted from: http://fifecestalaw.com/arizona-lawyer/sued-judgment-amount-dismissed-

individual-bankruptcy/

Published By: The Law Offices of Fife & Cesta, PLC 1811 S. Alma School Road, Suite 270 Mesa, Arizona 85210 Office: 480-850-6541