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The Chapter 13 Confirmation Hearing

Chapter 13 Bankruptcy Confirmation Hearing

You must propose a plan to repay part or all of your debts when filing Chapter 13 bankruptcy. The bankruptcy judge decides whether your plan can be approved at the confirmation hearing. Continue reading to learn more about the confirmation hearing, including when it takes place, who is invited, and what happens if your Chapter 13 plan is not approved.

The Repayment Plan for Chapter 13

In Chapter 13, you propose a three- to five-year payment plan. The month after you file your case, you’ll make your first payment. The funds are held by the Chapter 13 bankruptcy trustee until the judge approves your Chapter 13 plan, after which they are distributed to creditors.

Hearing on Confirmation

The bankruptcy judge must approve (confirm) your Chapter 13 plan. The bankruptcy court judge will use the confirmation hearing to determine the following:

  • whether your plan is feasible and you’ll be able to make the payments on time, and
  • whether you filed your plan in good faith or not, your unsecured creditors will receive the same amount of money or more than they would have received if you had filed for Chapter 7 bankruptcy.

Timing of Confirmation

Within 45 days of the 341 meeting of creditors, the court will schedule the confirmation hearing. The hearing will be announced to your creditors at least 28 days in advance.

Attendance

You are not required to attend the confirmation hearing if you are represented by an attorney, but you may do so if you wish. You must appear if you are not represented by counsel, or your Chapter 13 case will be dismissed.

What Takes Place During the Hearing?

You will report to the assigned judge’s courtroom when you appear for the confirmation hearing. Any plan objections that were not resolved before the hearing will be argued by the trustee or creditor when they are called. The judge will consider the arguments and determine whether your plan meets the requirements for confirmation. Both you and your creditors are bound by the plan once it is confirmed.

Objections at the Confirmation Hearing should be planned ahead of time.

The confirmation of your plan may be challenged by your creditors or the Chapter 13 bankruptcy trustee. Among the most common objections are:

  • The plan does not commit all available funds for the three or five-year plan period, or it does not commit all available funds for the three or five-year plan period.
  • Under the plan, you haven’t adequately provided for creditors.

For example, if you want to keep the property that serves as collateral in Chapter 13, you must pay all past due amounts owed to secured creditors, which are usually the holders of a mortgage or car loan. In addition, you must pay off all of your unsecured debts, such as credit card balances, medical bills, and personal loans, with your disposable income. Furthermore, these creditors cannot receive less than they would have received if you had filed for Chapter 7. The “best interests of creditors” test is what it’s called.

In many cases, an objection can be resolved prior to the hearing. If the trustee or a creditor claims that the expenses listed in Schedule J are excessive, you can resolve the issue by providing proof of your expenses. Similarly, if a creditor claims you aren’t paying enough, you can settle the dispute by changing your payment schedule to increase the amount you pay.

If the Court Approves Your Plan During Your Hearing

Following confirmation, the trustee will use the monthly payments you send in to pay the creditors listed in your Chapter 13 plan. Making timely and regular payments to the trustee is critical to the success of your case. If you are unable to make your Chapter 13 plan payments, contact the trustee’s office right away. They can assist you in modifying your plan payments.

If Your Plan Isn’t Confirmed by the Court

If the court rejects your proposed plan, the trustee will refund your money, minus any adequate protection payments made to ensure that a secured creditor—usually the holder of your car payment—is not financially harmed during the confirmation process (a bankruptcy requirement).

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DUI Checkpoints

DUI checkpoints (also known as sobriety checkpoints or roadside safety checks) are set up by police in most states on occasion to look for drunk or otherwise impaired drivers. These checkpoints are typically set up along busy highways during holidays known for alcohol abuse, such as the 4th of July and Memorial Day. Roadblocks along intersections are commonly used as checkpoints, with officers stopping random vehicles at regular intervals (such as every tenth driver) to check for signs of intoxication.

While DUI or sobriety checkpoints are controversial and illegal in some states, they are legal under federal law.

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DUI Checkpoints: A Legal Justification

Even in states where statutes require an officer to have reasonable suspicion of intoxication before initiating a traffic stop, sobriety checkpoints have survived most legal challenges. Erratic driving, drifting between lanes, or other suspicious behavior can raise reasonable suspicion that a motorist is inebriated and thus subject to a stop.

In 1990, the United States Supreme Court ruled that states had a compelling interest in combating drunk driving, and that public safety concerns outweighed any concerns about “invasion” of drivers’ privacy. The challengers in the case claimed that these checkpoints violated the 4th Amendment, but the Court found them to be reasonable in the circumstances. According to a US Centers for Disease Control report combining the findings of 23 scientific studies, checkpoints reduce alcohol-related crashes by about 20%.

State Laws and Sobriety Checkpoints

While federal law permits checkpoints to be used for the purpose of maintaining safer roads, states are free to use them or not. In 12 states, DUI checkpoints are not conducted because they are either illegal under state law or the state constitution, or the state lacks the authority to do so:

  • There is no state authority in Alaska.
  • Idaho – State law makes it illegal.
  • Iowa – The law allowing roadblocks does not allow for sobriety checkpoints.
  • Michigan’s constitution makes it illegal.
  • Minnesota’s constitution makes it illegal.
  • Montana only allows “safety spotchecks” under state law.
  • Oregon’s constitution makes it illegal.
  • Rhode Island’s Supreme Court has ruled that it is illegal.
  • Texas – According to the state’s interpretation of the US Constitution, it’s illegal.
  • Washington’s Supreme Court has ruled that it is illegal.
  • Wisconsin – State law makes it illegal.
  • Wyoming – According to the interpretation of the roadblock statute, it is illegal.

Speak With One Of Our DUI Attorneys In Scottsdale

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Canterbury Law Group’s DUI Lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind. Call today for an initial consultation!

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can move on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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Annulment in Arizona

Are you wondering if you are eligible for an annulment? Learn about the grounds for annulment in Arizona and how to obtain one.

Annulment is a frequently misunderstood legal concept, owing to the fact that popular culture and religion have promoted divergent and frequently erroneous views of what an annulment is in family law.

This article discusses “civil annulments,” as opposed to “religious annulments,” which can be granted only by a church or clergy member and have no legal effect on your marital status.

Annulments and divorces are similar in that they both establish marital status. However, the critical distinction between them is that divorce terminates an existing, valid marriage, whereas annulment simply declares that what everyone believed was a marriage was never actually one. An annulled marriage never existed in the eyes of the law.

Arizona’s Grounds for Annulment

There are several circumstances in which you may petition an Arizona court to annul your marriage:

  • One of the parties was married to another individual (bigamy).
  • The parties are blood relatives.
  • At the time of the marriage, one of the parties was a minor and did not obtain the consent of a parent or guardian.
  • One of the parties, or both, lacked the mental capacity to marry.
  • Both parties lacked the physical ability to marry.
  • At the time of the marriage, one or both parties were intoxicated.
  • The parties lacked the intent to enter into a marriage contract, either one of them or both.
  • The parties failed to obtain an official marriage license in a timely manner.
  • Instead of marrying each other in person, the parties used a proxy (substitute).
  • One of the parties committed fraud in order to obtain the consent of the other party to the marriage.
  • The one party used coercion (legally referred to as “duress”) to coerce the other party into agreeing to marry.
  • The parties have not engaged in sexual relations or one of the parties has refused to engage in sexual relations.
  • One of the parties fabricated information about his or her religion.
  • One of the parties omitted information about his or her previous marital status.
  • One of the parties planned to violate a premarital agreement in secret.

How Can I Obtain a Court Order Terminating My Marriage?

Due to the fact that annulment actions are heard in Arizona’s superior (trial) courts, you must file your paperwork at your local courthouse. By court order, an Arizona superior court judge can declare a marriage null and void and annul it. The “plaintiff” (the party seeking annulment) should file an annulment petition, and the defendant should respond. Additional documents may be required, and both parties must adhere to the rules governing service of process. Both will be summoned to appear in court, where the court will hear testimony, consider written submissions and applicable law, and issue an order.

Because annulments have significant financial and custodial consequences, it is critical to consult with a lawyer prior to proceeding.

Certain individuals fear that if their marriage is annulled, the paternity of their children will be questioned. Technically, this is correct. Due to the fact that an annulled marriage is invalid, the children born of the “marriage” are illegitimate, as if they were born to single parents. This, however, is a technical distinction with little practical significance, as Arizona law provides that “every child is the legitimate child of its natural parents and is entitled to support and education in the same manner as if born in lawful wedlock.” Thus, all children in Arizona receive the same level of protection and support regardless of their parents’ marital status, whether they are divorced or never married. While that statute does not affect parental rights, the courts in Arizona have also determined that parents of children born outside of marriage have co-equal custody of their children once paternity is established.

In Arizona, a presumption of paternity is created (a strong legal assumption that the alleged father is the biological father) if any of the following are true:

the father and mother were married within the ten months preceding the child’s birth, or the child is born within the ten months following the marriage’s termination by death, divorce, or annulment.

  • Genetic testing establishes at least a 95% probability of paternity.
  • A birth certificate is signed by both the mother and father of an unmarried child, or
  • Both parents sign a notarized or witnessed statement acknowledging paternity.
  • Thus, the majority of children born out of annulled marriages in Arizona are almost certainly covered by a paternity presumption. If a father wishes to contest this presumption, he must establish his paternity through “clear and convincing” (very strong and substantial) evidence.

Additionally, the Arizona court hearing the annulment case will determine parentage and enter custody and child support orders.

Because an annulled marriage is legally regarded as never having been valid, courts in the majority of states lack the authority to award alimony or divide property or debts. This is because there cannot be a marital estate without a valid marriage. However, Arizona is unique in that it has a more generous statute. According to Arizona law, when a marriage is annulled, the courts must divide the property between the spouses.

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341 Meeting of Creditors

What is Chapter 7 Debt Discharge?

The creditors’ meeting (341 hearing) is a critical component of each Chapter 7 and Chapter 13 bankruptcy case.

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All Chapter 7 and Chapter 13 debtors are required to appear at a 341 hearing and meet with the trustee appointed to oversee the case. The trustee verifies the debtor’s identification and asks a series of questions about the bankruptcy paperwork during the creditors’ meeting. Creditors who attend may inquire about financial matters, though creditors rarely appear.

While it is natural for debtors to be concerned about the meeting, the majority are efficient and go off without a hitch. Here’s what you need to know to conduct yourself confidently during the meeting:

  • preparing for the meeting
  • what should be brought to the hearing
  • how to obtain access to the hearing
  • the nature of the questions that will be asked of you, and
  • what to anticipate if creditors show up.

Approximately sixty days after the trustee closes the hearing, the majority of Chapter 7 filers receive a discharge. For Chapter 13 filers, the next step is to have their Chapter 13 repayment plan confirmed at the confirmation hearing.

Recognize the Trustee’s Role in Creditors’ Meetings

The trustee’s job is to verify your identity, verify the accuracy of your paperwork, and ensure that your creditors receive the maximum amount possible. For instance, the trustee will evaluate your assets and property and verify the accuracy of your reported income in each case. Additionally, the trustee will look for any unreported sources of income or property to pursue in order to obtain additional funds for your creditors. Finally, the trustee will examine the file for indications of bankruptcy fraud.

In Chapter 7 and Chapter 13, the trustee has additional responsibilities. The Chapter 7 trustee will sell any property that is not exempt from bankruptcy and distribute the proceeds to creditors. The Chapter 13 trustee will determine whether your proposed Chapter 13 repayment plan is feasible. The Chapter 13 trustee will continue to distribute monthly payments to creditors if the judge approves the plan at the confirmation hearing. (With certain exceptions, debtors begin making proposed plan payments approximately 30 days after filing and receive the funds back if the court does not confirm the plan.)

Preparation for the Creditors’ Meeting

Prior to the creditors’ meeting, you’ll want to carefully review your bankruptcy petition. If you discover that you’ve overlooked something or come across an incorrect entry, you should:

  • if possible, file an amendment prior to the hearing, or
  • be prepared to call the trustee’s attention to the issue during the hearing.

A frequent occurrence is that your name is not listed exactly as it appears on your driver’s license, passport, or government identification card. At the start of the hearing, you will present one of these forms of identification along with proof of your Social Security card number. If they do not match, you will need to amend your petition and will almost certainly be required to return a second time.

How to Prepare for the 341 Hearing

In the majority of cases, you will have provided verifying documents to the trustee prior to the creditors’ meeting. Pay stubs, bank and retirement statements, and income tax returns are frequently sent to the trustee. Certain trustees require additional documents, which you will file with the court in some jurisdictions.

You should bring the following to the hearing:

a photograph deemed acceptable I.D.

  • your Social Security card or another form of identification that contains your Social Security number, and
  • any documents that reflect a change in your financial situation since you filed your petition.
  • You’ll probably want to bring a copy of your bankruptcy paperwork with you, as well as whatever else the trustee indicates will be required. Consult an attorney if you are unsure whether the item is appropriate.

The Creditors’ Meeting’s Logistics

Parking near a courthouse or other court facility is notoriously difficult. It’s a good idea to make parking arrangements in advance of the meeting so that you can arrive approximately fifteen minutes early. There may be multiple trustees meeting concurrently, and the additional time should allow you to find the appropriate room.

You should consult the calendar posted outside the hearing room’s door. The trustee will set approximately ten cases at the same time, so you’ll want to determine your position in the order.

There will be no judge present. The hearing will be conducted by the trustee. Creditors may also attend, although they do not appear in the majority of bankruptcy cases. You will be sworn in and the trustee will ask you a series of questions under oath. The trustee will conclude the hearing if he or she is satisfied. Otherwise, the trustee will extend it until the next business day. A continuance is uncommon if all required documents are submitted on time.

The 341 Hearing’s Length

You’ll be one of approximately ten debtors scheduled to appear at the scheduled hour. Once your case is called by the bankruptcy trustee, things move quickly. The bankruptcy trustee will ask a series of routine questions and will inquire about any outstanding issues or matters that require additional explanation. Creditors’ questions can also be brief. If they are not, the trustee will typically reschedule the debtor’s meeting to allow for additional questioning (more below). In most cases, the hearing lasts no more than ten minutes.

Typical Creditors’ Meeting Questions

The trustee will ask a series of standard questions to each debtor. The trustee will then inquire about any unique issues that have arisen in your case. Most bankruptcy attorneys are capable of anticipating the trustee’s questions and explaining the situation in advance—to both you and the trustee.

Typical questions include the following:

  • Have you gone over your bankruptcy petition and schedules with a lawyer before submitting them to the court?
  • To the best of your knowledge, is all of the information contained in your bankruptcy papers true and correct?
  • Are you certain you disclosed all of your assets?
  • Have you enumerated all of your creditors?
  • Have you ever filed for bankruptcy?
  • Has anything changed in the time since you filed for bankruptcy?
  • Are you obligated to pay any forms of domestic support, such as alimony or child support?
  • Have you filed all required tax returns on time?
  • Have you made any payments to creditors that totaled more than $600 in the last year?
  • Is there anyone who owes you money for whatever reason?

One of the advantages of being near the bottom of the calendar is anticipating the trustee’s request.

Expectations If Creditors Appear at the 341 Meeting

While your creditors will be notified of the 341 hearing, the vast majority will not appear. A creditor may appear in the following circumstances:

  • The creditor wishes to obtain information regarding recent cash advances or credit card purchases.
  • The creditor is requesting information about disclosures that are not included on a credit application, such as the amount of your income, or
  • A creditor is an adversarial former business partner, spouse, or other person concerned about not being paid.
  • The majority of creditors use the meeting to conduct discovery. They’ll inquire about your interactions with them in order to determine whether it’s worthwhile to object to the discharge of your debt. If the creditor has a legitimate claim, they will almost certainly agree to resolve the matter without resorting to litigation.
  • If the trustee believes the matter is serious, he or she may adjourn the meeting to allow the creditor additional time for questioning. The trustee will be especially motivated to do so if the questioning reveals hidden assets, as the trustee is compensated based on the amount of money distributed.

Speak With Our Bankruptcy Lawyers In Phoenix & Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Canterbury Law Group should be your first choice for any bankruptcy evaluation. Our experienced professionals will work with you to obtain the best possible outcome. You can on the firm to represent you well so you can move on with your life. Call today for an initial consultation. We can assist with all types of bankruptcies including Business Bankruptcy, Chapter 7 Bankruptcy, Creditor Representation, Chapter 5 Claims, Chapter 13 Bankruptcy, Business Restructuring, Chapter 11 Bankruptcy, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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Bankruptcy Creditor Claims

What is Chapter 7 Debt Discharge?

When you file for bankruptcy, you must disclose your debts, referred to as “creditor claims,” on official bankruptcy paperwork. However, as simple as that may sound, categorizing claims can be a bit tricky.

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To begin, you’ll classify the debt as either secured or unsecured. Then, you’ll categorize the unsecured claims as priority or nonpriority. This article will teach you how to properly label each debt and determine what will happen to it if you file for bankruptcy.

Incorporating Creditor Claims into Your Bankruptcy Documents

After you complete and file official bankruptcy forms, your bankruptcy case is initiated. The cover document, referred to as the petition, is where you will disclose personal information about yourself, such as your name, address, and the bankruptcy chapter for which you are filing. On schedules, you’ll detail your income, creditor claims (debts), and assets.

Creditor claims will be listed on one of the following schedules:

Schedule D: Creditors With Property-Backed Claims Secured claims, such as a mortgage, car payment, or other collateralized obligation, are included here.

Creditors With Unsecured Claims Schedule E/F This form is for listing unsecured claims. Part 1 is reserved for priority unsecured claims, such as unpaid taxes and child support. In Part 2, you’ll detail your non-priority unsecured claims (all remaining debts).

How Is a Secured Claim Defined?

In bankruptcy, a creditor with a secured claim has two things: a debt that you owe and a lien (also known as a security interest) on property that you own. If you default on your contract obligations, the lien enables the lender to seize the property, sell it at auction, and apply the proceeds to the account balance. For example, a mortgage lender with a lien may foreclose on real estate and a vehicle loan lender with a lien may repossess a vehicle.

Secured claims are frequently made voluntarily. For example, if you agree to pledge an asset as collateral for the loan (which is frequently done when purchasing a home or car), you voluntarily grant the creditor a security interest in your property.

Creditors may also place an unauthorized lien on your property without your consent. For instance, a credit card company may obtain an involuntary lien following a successful collection lawsuit. If you fall behind on your taxes, statutory law empowers the IRS to place a tax lien on your property.

Typical secured bankruptcy claims include the following:

  • mortgages
  • automobile loans
  • unpaid property taxes, and
  • other liens on real estate.
  • You’ll list all secured claims on Schedule D: Creditors With Property-Backed Claims.

What Happens to Secured Claims When a Debtor Files for Bankruptcy?

Creditors who have a secured claim are in a favorable position. A bankruptcy discharge (the court order that eliminates debt) does not eliminate liens on your property. It merely removes your obligation to repay the debt.

Due to the continued existence of the lien, the creditor retains the right to foreclose or repossess the property if the loan is not repaid. Therefore, if you file for bankruptcy and wish to retain property used to secure a loan, you must continue making payments to the lender until the debt is paid off.

However, if a home or car has significant equity, a Chapter 7 trustee will likely sell it. However, due to the lien, the trustee must obtain sufficient funds to repay the loan, return any exemption amount to you (the amount of equity you are permitted to protect), and pay off creditors with the remaining funds. If there is insufficient equity to make meaningful payments to creditors, the trustee will not sell the property.

If the property you wish to retain has a significant amount of equity, a Chapter 13 case is almost always a better option. However, you must have sufficient income to make a substantial monthly payment for three to five years (you must pay the value of the nonexempt equity in the plan).

Getting Rid of Liens in Bankruptcy Certain types of property liens are dischargeable in bankruptcy. For example, you may be able to petition the court to:

  • eliminate a judgment lien that interferes with your bankruptcy exemptions, or
  • In Chapter 13 bankruptcy, you can eliminate an entirely unsecured junior lien on your property.

How Are Unsecured Claims Defined?

A creditor who has an unsecured claim is not entitled to a lien. Unsecured claims fall into two categories:

  • Unsecured claims are given priority. These debts are not dischargeable in bankruptcy and will be paid before nonpriority unsecured claims if funds are available.
  • Unsecured claims with no priority. The majority of these debts are dischargeable in bankruptcy (except student loans). Priority debts must be satisfied before bankruptcy funds can be used to pay these debts.

Unsecured Non-Priority Claims

The bankruptcy discharge will eliminate the majority, but not all, nonpriority, unsecured claims. Among the most common unsecured claims that can be discharged in bankruptcy are the following:

  • debt incurred through credit cards
  • medical expenses, and
  • unsecured loans.

Although student loans are unsecured debts, they cannot be discharged unless you can demonstrate that paying them would cause you undue hardship (which is a difficult standard to prove).

Unsecured Claims with Priority

Priority unsecured debts are non-dischargeable and are treated differently. In bankruptcy, priority creditors receive payment before other creditors.

Among the most common types of priority claims are the following:

  • alimony
  • support for children
  • certain tax responsibilities, and
  • Debts incurred as a result of personal injury or death as a result of drunk driving.

Because Chapter 7 bankruptcy does not allow you to discharge priority debts, you will be responsible for any balance remaining after your Chapter 7 case (the bankruptcy trustee might sell some of your property and apply the funds to the debt).

If you file Chapter 13, you must repay all priority unsecured debts in full over the course of your three- to five-year repayment plan.

Unsecured claims will be listed on Schedule E/F: Creditors With Unsecured Claims.

Occasionally, it makes sense to file a proof of claim in your bankruptcy on behalf of a creditor who has not done so independently.

When you file for bankruptcy, the majority of your creditors will file a proof of claim – a document that details your debt – in order to be paid. Occasionally, a creditor will fail to file a proof of claim. In rare instances, you may wish to file a proof of claim on behalf of that creditor. This is why.

What Is a Claim Proof?

  • Whether your creditors receive anything in your bankruptcy case is contingent on a number of factors, including the following:
  • the nature of the creditor’s claim
  • regardless of whether you own non-exempt property
  • whether you have a source of revenue available to you, and
  • regardless of whether you file for bankruptcy under Chapter 7 or Chapter 13.
  • If a creditor wishes to be paid in bankruptcy, he or she must file a document called a proof of claim with the court. The proof of claim informs the court about your debt and typically includes documentation substantiating the creditor’s claim.
  • Creditors will typically file their own proofs of claim. However, if one of your creditors fails to file a proof of claim, you may file one on its behalf if you wish to ensure that creditor receives payment during your bankruptcy.

Why Would a Creditor Choose Not to Submit a Proof of Claim?

Creditors file proofs of claim in bankruptcy in order to receive a share of any distributions made by the bankruptcy trustee in your case. If a creditor fails to file a proof of claim with the court, even if the creditor otherwise has a valid claim, the creditor will not be paid. However, creditors frequently fail to file proofs of claim in bankruptcy.

A creditor may choose not to file a proof of claim in your bankruptcy if one of the following applies:

  • You have a Chapter 7 no-asset bankruptcy (which means you do not have any property that the bankruptcy trustee can distribute to your creditors, thereby preventing them from being paid).
  • You owe the creditor a pittance, or
  • The creditor does not follow the court’s instructions or makes an error in any other way.

Justifications for Filing a Proof of Claim Against a Creditor

While it may seem strange to file claims on behalf of creditors in one’s own bankruptcy case, it is sometimes necessary. The following section discusses when it may be prudent to file a proof of claim on behalf of a creditor.

You Desire to Consolidate Your Nondischargeable Debts

Certain debts do not disappear simply because you file for bankruptcy. Nondischargeable debts include alimony, child support, certain taxes, and student loans. Due to the fact that you will be responsible for repaying your nondischargeable debts after your case is closed, you want to ensure that these creditors are paid before your other unsecured creditors (such as credit card companies) in your bankruptcy.

This means that regardless of whether you have nonexempt assets that will be distributed to creditors in Chapter 7 bankruptcy or are repaying a portion of your debts in Chapter 13 bankruptcy, you want to ensure that any creditors with nondischargeable debts file proofs of claim with the court. If they do not, it is in your best interest to file a claim on their behalf to ensure that they receive a portion of the proceeds in your case.

You Wish to Make Up for Late Payments on Secured Debt

If you fall behind on your mortgage, car loan, or other secured debts, you may be able to file for Chapter 13 bankruptcy in order to catch up on your payments and keep your property. If the bankruptcy is being used to repay missed loan payments, you must ensure that the creditors you wish to repay (such as your mortgage or car lender) file proofs of claim with the court.

If they fail to file proofs of claim, the trustee may seek court approval to pay off your unsecured creditors in their place. This means that if a secured creditor to whom you intend to pay fails to file its claim, you may be required to do so on their behalf.

When Are Creditors Allowed to File Proofs of Claim?

The majority of creditors must file proofs of claim with the court within 90 days of your creditors’ meeting (government entities have 180 days from when you filed your case). Prior to filing a claim on behalf of a creditor, you must wait until the creditor’s deadline for filing its own claim has expired. After the deadline has passed, you have 30 days to file the creditor’s claim on your behalf.

Speak With Our Bankruptcy Lawyers In Phoenix & Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Canterbury Law Group should be your first choice for any bankruptcy evaluation. Our experienced professionals will work with you to obtain the best possible outcome. You can on the firm to represent you well so you can move on with your life. Call today for an initial consultation. We can assist with all types of bankruptcies including Business Bankruptcy, Chapter 7 Bankruptcy, Creditor Representation, Chapter 5 Claims, Chapter 13 Bankruptcy, Business Restructuring, Chapter 11 Bankruptcy, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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Different Types of Separation

What does the term “separated” mean? Discover the distinctions between trial separation, permanent separation, and legal separation.

When it comes to marriage, separation is not synonymous with divorce—even if you have a court-ordered “judgment of separation.” Separation is when you live apart from your spouse but remain legally married until you obtain a divorce judgment. While a separation does not terminate your marriage, it does affect your financial obligations to your spouse until the divorce is final.

Separation is classified into three types: trial, permanent, and legal. In the majority of states, only one of the three (legal separation) alters your legal status—but all three have the potential to impair your legal rights.

Separation of Trials

If you and your spouse feel the need for a break from the relationship, one option is to live apart while deciding whether to divorce—a process known as “trial separation.” Legally, little changes during a trial separation—all applicable marital property laws remain in effect. For instance, a court will consider the money you earn and the items you purchase during the trial separation to be property acquired by a married person. This frequently means that you and your spouse jointly own the property (depending on your state’s property ownership laws).

If you and your spouse separate but intend to reconcile, it’s a good idea to write an informal agreement outlining the separation rules. For instance, your trial separation agreement may address the following:

  • whether you’re going to continue sharing a joint bank account or credit cards.
  • how you intend to budget your expenditures
  • who will continue to reside in the family home
  • how you intend to split expenses, and
  • If you have children, discuss how and when you will spend time with them.
  • If you decide to divorce, you may be able to use this trial separation agreement as a template for a marital settlement agreement.
  • If you and your spouse agree that reconciliation is impossible, your trial separation becomes permanent.

Permanent Distancing

If you live apart from your spouse with no intention of reconciling but are not divorced, the law considers you to be permanently separated.

How Separation from Your Spouse Affects Your Rights

Depending on the local law, a permanent separation may alter the property rights of spouses. For instance, in some states, assets and debts acquired during a permanent separation are considered to belong exclusively to the spouse who acquired them. Once a couple is permanently divorced, each spouse assumes sole responsibility for any debts incurred. Similarly, spouses who divorce permanently lose their right to any property or income acquired by the other.

Why Does the Date of Final Divorce Matter?

Due to the fact that spouses’ rights to each other’s property and obligations to pay debts change significantly as of the date of a permanent separation, spouses frequently argue bitterly about the precise date of their permanent separation. For instance, if your spouse left in a huff and spent a month sleeping on a friend’s couch, but you did not discuss divorce until after the month passed, the date the separation became permanent may be unclear. That means that if your spouse earned a sizable bonus at work during that month, you may be able to argue that you are entitled to a portion of the bonus.

If you move out of the house and do not anticipate a long-term reconciliation with your spouse, reconsider going out or spending the night together just for the sake of old times. If you reconcile briefly, you risk changing the date of separation and becoming financially responsible for your spouse during a time when you believed you were solely responsible for your own.

After you have legally separated from your spouse and reached basic agreements regarding your joint assets and debts, you are not required to divorce immediately. You may choose to remain married for a variety of reasons, including avoiding disruption of your children’s lives or retaining insurance coverage. Or, in some cases, preserving the status quo is simply more convenient than pursuing a divorce. On the other hand, you may decide to divorce as soon as the paperwork is finalized, or when the required separation or waiting period in your state expires.

Is Separation Required Prior to Divorce in My State?

Certain states’ laws require spouses to separate before a divorce can be finalized. State laws governing required separations vary in detail—for example, many states require spouses to live “separately and apart” for a specified period of time before the court will accept a divorce petition (formal request), while others do not require separation until after the petition is filed. If you file before meeting the requirements for separation, the court may dismiss your case. Other states may require spouses to live apart during the divorce process.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Scottsdale Divorce, Scottsdale family attorneys, Scottsdale Legal Help
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What Does The Chapter 7 And 13 Bankruptcy Trustee Do?

What Does The Chapter 13 Bankruptcy Trustee Do?

Learn more about Chapter 13 bankruptcy trustees, including what they do, how they are compensated, and how they manage your repayment plan.

When you file for Chapter 13 bankruptcy, the court will appoint a trustee to manage your case. You’ll learn about the Chapter 13 trustee’s responsibilities, how the trustee is compensated, and the role the trustee will play in your case in this article.

The Chapter 13 Bankruptcy Trustee’s Responsibilities

The trustee’s job in a Chapter 13 bankruptcy is to:

  • Make sure your proposed Chapter 13 repayment plan complies with all legal requirements.
  • Before you file, make sure you’ve filed your tax returns for the previous four years.
  • take advantage of the plan’s payments
  • Distribute plan payments to your creditors according to the law.
  • keep track of the required monthly income and expense reports in a Chapter 13 case, and
  • If you owe back child support, you must provide certain information to the payee and your state’s child support enforcement agency.

How are Chapter 13 Trustees compensated?

Trustees in Chapter 13 keep about 7%–10% of the payments they make to creditors. When deciding whether Chapter 13 is right for you, keep this fee in mind.

The Function of the Chapter 13 Trustee in Your Case

Many Chapter 13 trustees are involved in the cases they oversee. This is particularly true in small suburban or rural judicial districts, as well as in districts with a high number of Chapter 13 bankruptcy cases. A trustee might, for example:

  • provide you with financial advice, such as assisting you in the creation of a realistic budget (the trustee cannot, however, give you legal advice)
  • assist you in making any necessary changes to your plan
  • if you miss a payment or two, give you a temporary reprieve or take other steps to help you get back on track, or
  • Participate in any hearing about the value of a piece of property, and consider hiring an appraiser if necessary.
  • Your financial relationship with the trustee has its limits, despite the trustee’s interest in your finances.
  • You will have control over any money or property you obtain after filing, as long as you follow your repayment plan’s instructions and make all regular payments on your secured debts.

However, if your income or property rises during the course of your plan (for example, if you get a big promotion or win the lottery), the trustee can seek to amend your plan to pay your creditors a higher percentage of what you owe them rather than the lower percentage originally specified. If your income drops and you have to convert from Chapter 13 to Chapter 7, the trustee may become involved.

When you file for Chapter 7 bankruptcy, the court appoints a bankruptcy trustee to oversee the administration of your case. You’ll learn about the specific responsibilities of the Chapter 7 bankruptcy trustee in this article, so you’ll know what to expect before, during, and after the 341 meeting of creditors—the mandatory hearing for almost all filers.

What Does a Chapter 7 Trustee Do?

The Chapter 7 trustee examines the debtor’s bankruptcy paperwork and verifies his or her identification. However, these are minor responsibilities. The Chapter 7 trustee’s primary responsibility is to sell any property that the debtor is not entitled to keep and to distribute the proceeds to the debtor’s creditors. Thus, in any Chapter 7 bankruptcy case, the trustee’s primary interest will be in your personal property and any property you claim as exempt (that you have the right to keep).

Certain individuals believe that the trustee’s role is to assist the debtor throughout the process. The trustee’s role is to protect creditors, not debtors—although the trustee will be courteous and assist the case in moving forward. The best way to grasp this dynamic is to understand how the trustee is compensated. Continue reading.

Payment to the Chapter 7 Trustee

A Chapter 7 trustee is compensated a pittance of $65 per case for performing a cursory review of a debtor’s bankruptcy petition (as of August 2020). A Chapter 7 trustee, on the other hand, stands to earn significantly more. The trustee is compensated by the court a percentage of the funds distributed to the debtor’s creditors.

The funds could come from a variety of nonexempt sources (property that the filer cannot protect with a bankruptcy exemption), including money in the debtor’s bank account, nonexempt property that the trustee liquidates (sells), or funds that the debtor agrees to pay in exchange for the right to keep nonexempt property (more below). The trustee receives 25% of the first $5,000, 10% of the next $50,000, and 5% of any additional funds up to $1,000,000.

The Chapter 7 Trustee conducts an examination of the Bankruptcy Petition.

If all of your property is exempt (you get to keep exempt property), your case is considered a “no-asset” case—creditors will receive nothing. The bankruptcy notice sent to creditors will inform them that they are not required to file proof of claim forms because there will be no money available to pay them. However, they will be informed that this may change.

Under the supervision of the United States Trustee, the trustee is required to review your bankruptcy papers for accuracy and indications of possible fraud or abuse of the bankruptcy system. The trustee will review the documentation and look for indications that you are concealing or mischaracterizing assets. The petition and schedules, as well as the 521 documents you submitted prior to the hearing, will be reviewed (bank statements, paycheck stubs, profit and loss statements, tax returns, and the like).

After discovering nothing, the trustee will lose interest in the case. When the trustee has no property to seize and sell in order to pay your unsecured creditors, there is no commission to motivate the trustee.

The 341 Creditors Meeting Is Conducted by the Chapter 7 Trustee

You’ll meet the Chapter 7 bankruptcy trustee at your creditors’ meeting, which you must attend in order to avoid having your bankruptcy dismissed. The trustee will verify your identification, ask the mandatory 341 questions (along with any other issues raised by your paperwork), and allow any creditors who appear to ask questions (they rarely show up).

Generally, if all of your assets are exempt, the trustee will call the meeting to a close and you will not hear from the trustee again. You’ll complete your debtor education course and await the discharge of your debt.

If, however, you are unable to fully respond to the trustee’s questions, the trustee will postpone the creditors’ meeting and request that you submit appropriate documentation in the interim. Occasionally, the trustee may retain an attorney to pursue nonexempt assets you appear to own, or may refer your case to the United States Trustee’s office for further action if it appears as though you engaged in fraudulent activity.

Nonexempt Assets Are Seized by the Chapter 7 Trustee

If the trustee needs to seize and sell nonexempt assets, you must cooperate in delivering them to the trustee for disposition. Additionally, you can “repurchase” nonexempt assets from the trustee at a negotiated price or substitute exempt assets for nonexempt assets. Numerous trustees discount the property’s value by 20% and occasionally grant the debtor a few months to pay.

Search by the Trustee for Non-Exempt Assets

Many people are unsure whether a trustee has the authority to search their homes to ascertain whether they are concealing property. While such searches are unusual, as part of your obligation to cooperate with the trustee, you may be required to give the trustee a guided tour of your home or storage space. And if you refuse to cooperate, the trustee can obtain a court order compelling you to comply.

Abandonment of Non-Exempt Assets by the Trustee

If you own nonexempt property that is not worth much or would be difficult for the trustee to sell, the trustee can — and frequently will — abandon it, allowing you to keep it. For instance, regardless of how much your used furniture is theoretically worth, many trustees will avoid selling it. Arranging for the sale of used furniture is time consuming and rarely results in a significant profit for the creditors.

The Chapter 7 Trustee Issues Notices of Support Arrears

If you owe back child support, the trustee must notify the support claimant and the state child support agency in order to assist them in locating you following your bankruptcy discharge. Specifically, the trustee will inform the payee of his or her bankruptcy-related rights. The trustee will notify the state child support enforcement agency of the back support, the discharge, the debtor’s address and employer information, and the identity of any creditor holding a nondischargeable, reaffirmed, or a claim.

Both the payee and the child support enforcement agency have the right to request your last known address from these creditors. These creditors are permitted by law to release such information without incurring any penalties.

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Possession of Meth: Charges and Penalties

Possession of Meth: Charges and Penalties

Methamphetamine, colloquially referred to as “crystal meth,” is a highly addictive substance. Meth is classified as a schedule II controlled substance under federal law. Meth possession, sale, or manufacture is a federal and state crime. Additionally, it is a very dangerous drug, posing numerous health and safety risks to those who use or manufacture it.

The United States has faced repeated surges of meth abuse over the last three decades. As a result, the federal government and individual states have enacted legislation increasing the severity of penalties for those convicted of selling (distributing), manufacturing, or trafficking meth. States have taken a variety of approaches to possession penalties. Certain states have reduced possession penalties on the grounds that personal use frequently results in addiction. Other states have not followed suit, and tough-on-crime legislation remains on their books.

This article will discuss the penalties for meth possession and its precursors. The penalties for selling, manufacturing, and trafficking meth are significantly more severe, with numerous enhancements for crimes that endanger children, life, or property.

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How Is Crystal Meth Defined?

While many drugs, such as cocaine and marijuana, are derived from plants, meth is synthesized through the use of chemicals. It is frequently synthesized as a white powdery or rock-like substance that is smoked, snorted, or injected. Meth is frequently referred to as “crystal meth” due to its rock-like appearance. Additionally, meth is referred to by a variety of other names, including “ice,” “crank,” “speed,” and “glass.”

The manufacturing process is quite hazardous, as it involves the use of explosive and noxious chemicals that have a negative impact on the environment. Homes, apartments, and other structures that have been used as meth labs require extensive detoxification and are frequently demolished to save money on remediation.

What Is the Difference Between Meth Precursors and Paraphernalia?

Apart from prohibiting possession of meth, the majority of jurisdictions make it illegal to possess the chemicals used to manufacture meth (known as “precursors”). Ephedrine, pseudoephedrine, phenylpropanolamine, and norpseudoephedrine are all precursors to meth. Numerous states and the federal government criminalize the possession and retail sale of precursors in specified amounts. For example, it is a misdemeanor under federal law to purchase more than nine grams of meth precursors within a 30-day period. Regulations and penalties vary by state.

Additionally, most states prohibit the possession of paraphernalia used in the sale or manufacture of meth, such as scales or balances, or used to smoke or inject meth, such as glass pipes.

What Exactly Is Possession?

To convict someone of meth possession, the prosecutor must establish beyond a reasonable doubt that the defendant possessed the drug with knowledge.

Knowingly implies that the individual was aware that the substance was a drug and that they possessed it. For instance, if a packet of drugs is slipped into another person’s bag, the bag owner does not knowingly possess the drugs.

Possession can refer to either actual or constructive possession of the drug by the defendant. Actual possession implies that the individual possesses the drugs (such as in their hands or a coat pocket). If the drugs are not physically on the defendant—say, in a drawer or trunk of a vehicle—the prosecutor must establish that the defendant had constructive possession of the drugs. Constructive possession requires the prosecutor to establish that the defendant was aware of the drug and exercised “control” over it. Control could entail possessing the key to the car trunk or having access to the drawer containing the drugs.

Possession of Crystal Meth: Crimes and Penalties

Penalties for possession of meth vary according to whether the case was brought under federal or state law. Convictions carry a range of penalties, from a fine or a misdemeanor jail sentence to a lengthy prison sentence for felonies.

Federal Penalties for Meth Possession in the Unlawful Possession of Meth

Under federal law, knowingly or intentionally possessing meth is a misdemeanor punishable by up to one year in prison on a first offense. Subsequent meth possession offenses, on the other hand, carry mandatory minimum sentences and are punishable as felonies. A second offense carries a mandatory minimum of 15 days in jail and a maximum of two years in prison, as well as a minimum $2,500 fine. A third or subsequent offense carries a sentence of 90 days to three years in prison and a minimum $5,000 fine.

Simple Possession of Meth: State Penalties

State penalties for meth vary significantly, ranging from traffic violations and minor misdemeanors to felonies. Certain states adhere to the federal model, which criminalizes simple possession regardless of the quantity or type of drug involved. Other states impose penalties based on the quantity or type of drug involved, or a combination of the two. The majority of states have enhanced penalties for subsequent convictions.

Defenses Against Prosecution and Immunity From Prosecution

Depending on the facts of the case, a defendant may be able to defend against possession charges or avoid charges being filed in the first place.

Defenses. Several common defense strategies for defending against drug possession charges include the following:

Attempting to suppress evidence of the drugs on the basis of an unauthorized search or seizure, and

Defending the prosecution’s case by claiming the defendant did not possess the drugs (lack of knowledge or control over the drugs).

Laws governing good Samaritans. To combat drug overdoses, several states have enacted Good Samaritan laws that shield individuals from certain drug charges when seeking medical assistance for themselves or others. These laws are intended to encourage people to seek assistance without fear of arrest or being charged with drug possession. States vary in their implementation of these Good Samaritan protections. Some allow a defendant to assert this defense, while others grant immunity from prosecution for specific possession charges.

Consult an Attorney

Being charged with a meth possession offense can be extremely serious. Consult an attorney who is familiar with the applicable drug laws and penalties in your particular case. A skilled criminal defense attorney can assess your case and any possible defenses.

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

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Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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Legal Separation Before Divorce

Legal Separation Before Divorce

An arrangement ordered by the court, a legal separation is when married couples live apart from each other and lead independent lives. It is a popular option when the parties concerned are considering the future of their relationship abut also want to ensure financial responsibilities and other boundaries are going to be honored by both sides. In some areas, this is a necessary step in the divorce process. Read on to learn more.

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Facts To Consider

  • The court may order specific obligations in the areas of finance, visitation of a child or children as well as custody of a child or children and support for a child or children.
  • Although legally separated there may be particular benefits there are entitlements too.
  • For some people spiritual beliefs and financial reasons as well as for the wellbeing of minor aged children may be a factor in obtaining a legal separation versus a divorce.
  • A legal separation is an agreement ordered by the court where the two parties have separate lives, and this means they usually live separately.
  • Legally separated couples can sometimes remain “insured” on the other person’s health, dental and vision insurance—check with your carrier before going this route.

How Does It Work?

There are many reasons for wanting a legal separation including:

  • Religious reasons forbidding divorce, whereas legal separation allows the majority of the benefits of divorce.
  • When the marriage still has the possibility of recovery.
  • Legal separation is sometimes best for a couple with minor aged children, promoting stability.
  • The retention of retirement and health benefits.

Some couples choose this route without a court order and many are embracing informal separations and no-fault divorce cases, making legal separation in a formal sense less common than it used to be. When the separation date arrives, the party’s ability to spend money from a bank account or credit card held in both names is limited – as well as bringing in controls over vehicles and property. Each party following the separation ate becomes responsible for their own finances.

Legal Separation Benefits

Once a couple have reached their tenth wedding anniversary certain future benefits may be contended with. When deciding to separate, the legal separation agreement may keep some entitlements of benefits intact. For example, those married to members of the military must remain married for ten years to benefit from the Uniformed Services Former Spouse Protection Act. Once married for ten years, it also means you can benefit from particular social security benefits. You may be able to draw a larger sum if you can draw the benefits of the social security retirements of your former partner. Nonetheless, there are time a legal separation is preferential to divorce. The separation may be temporary whereas a divorce is a permanent condition absent remarriage. It can also be used as a “last chance saloon” to save a troubled marriage. Legal separation also has the benefit of being less costly than a divorce and to go through the process before continuing with divorce can make the whole situation for a child or children easier to endure.

Do Divorcing Couples Have to Live Separately?

Depending on where you live, you may be unable to live apart—again, many states require spouses to separate before a court can grant a divorce.

State Requirements Regarding “Separate and Apart”

Your state may require you and your spouse to live “separate and apart” for a specified period of time prior to filing for divorce or a judge finalizing your divorce. Each state has its own set of rules.

States That Do Not Require Divorce

The majority of states (particularly those with no-fault divorce) do not require spouses to live apart prior to divorcing. California, Texas, and Florida are all non-separation states. If you live in one of these states, you are permitted to cohabitate with your spouse during the pendency of your divorce.

If you’re unsure whether your state requires separation prior to filing for divorce, you can conduct research on the state’s divorce laws, contact a local family law attorney, or contact a local legal aid department.

Do We Need a Separation Agreement in Writing?

When a couple divorces, it is possible, if not probable, that communication is disrupted to some degree. Even if you and your spouse are amicable when you separate, your relationship may deteriorate as the divorce process progresses. By documenting the terms of your separation, you can avoid future conflict or uncertainty. Additionally, if you decide to continue living together during your divorce, a separation agreement is critical to demonstrate your intention to separate on a specific date. Similarly, if you live in a state that requires you to separate for a period of time before the court will accept your divorce petition, a separation agreement is an excellent way to establish your separation date.

Your written separation agreement can serve as a road map for your relationship until the court accepts your divorce petition and issues temporary orders, if necessary. (Temporary orders may include provisions regarding child support, child custody, spousal support, and property division.) Having said that, if you and your spouse are unable to agree on how you will handle things during the separation or if you are unable to convince your spouse to sign a separation agreement, you may petition the court for temporary orders prior to initiating the divorce process.

The Separation Process’s Subsequent Steps

Divorce is a lengthy process. It could take up to a year from the time you file your case to the time the judge rules on it. On the other hand, depending on your state, you may be able to divorce within 30 days if you have an amicable divorce with few hiccups. In either case, you should have a contingency plan in place while you wait.

Take out a credit card on your own. Divorce can have a detrimental effect on your credit, so obtaining your own credit card now can help you establish credit and maintain independence from your spouse. Establishing a separate credit card or bank account (discussed below) will also assist you in establishing your separation date during the divorce process. (When it comes to property division, child support, and spousal support, the judge will need to know the date of separation.)

Maintain separate bank accounts. Following that, close your joint bank accounts and open new ones. If you and your spouse are unable to agree on how to divide the money in your accounts or if you have concerns about how to divide your paychecks, keep the joint accounts open but open an individual account as well.

Create a property list. Begin by compiling a list of your exclusive personal property and presenting it to your spouse. If you have a disagreement about something, you can attempt to resolve it without involving the court.

Recognize areas of agreement. If your spouse is willing, your period of separation may enable you to negotiate the terms of your divorce calmly. Discuss issues such as spousal support, child support, and child custody. If you believe you and your spouse are capable of negotiating the terms of your divorce collaboratively, you can look into DIY divorce services together or consider hiring a professional mediator to assist you in resolving any disagreements. Considerable forethought can go a long way in a divorce. Likewise, healthy communication is possible. Take the time to chart your course as you embark on the next phase of your life, including when it comes to establishing a healthy living situation that protects your rights. You’ll be glad you invested your energy early in the process as the divorce progresses.

Need a Legal Separation Lawyer in Scottsdale or Phoenix?

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As family court lawyers, we have built a network of Arizona mediators, attorneys, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyers, divorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-744-7711 or [email protected]. Our family lawyers can also help with divorce litigation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale
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Can I File for Bankruptcy If I Can’t Leave the House Due to Coronavirus?

Can I File for Bankruptcy If I Can't Leave the House Due to Coronavirus?

Learn how to file for bankruptcy while adhering to the COVID-19 outbreak’s quarantine and social distancing rules.

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Dealing with the COVID-19 pandemic’s uncertainty is especially difficult for those facing bankruptcy. Fortunately, many courts have temporarily relaxed rules, making it easier for bankruptcy attorneys to represent clients who have been quarantined. Therefore, if you are quarantined due to the coronavirus, rest assured that a large number of bankruptcy attorneys are prepared to assist you in getting out of debt.

Learn more about the temporary changes to bankruptcy procedures that have been implemented to help contain the spread of COVID-19.

Locating a Bankruptcy Attorney During the Coronavirus Epidemic

Due to the difficulty of representing yourself during the coronavirus outbreak, especially if you have ongoing health problems, your first hurdle will likely be hiring a bankruptcy attorney.

Because conducting in-person interviews will be impossible, you may wish to seek referrals from friends, family, and other attorneys. Additionally, you can search for a lawyer online or through your local or state bar association.

When contacting candidates, ensure that the office is capable of representing you while you are isolated, and that necessary accommodations are made, such as the following:

  • For attorney-client meetings and document review, telephone or video conferencing is used.
  • Options for submitting and signing documents include online, email, or dropbox.
  • the possibility of making a telephonic appearance at the 341 creditors’ meeting (the one hearing all filers must attend).
  • Additionally, inquire about the office’s free initial phone consultations. Discover the benefits of hiring a bankruptcy attorney.

Bankruptcy Filing During the Coronavirus Outbreak

While you are in quarantine, you will communicate with your lawyer and the court via technology. You will almost certainly require a computer, a printer, and a scanner (although some lawyers might let you use your phone to copy documents). Additionally, documents can be mailed or delivered by a friend or family member.

Here’s why these details will be critical.

Due to COVID-19, bankruptcy documents can be exchanged virtually.

Filing for bankruptcy is a time-consuming process. You should anticipate that your attorney will request that you complete a lengthy financial questionnaire. Additionally, you’ll need to gather numerous financial documents to substantiate your questionnaire responses.

Normally, the lawyer would hand you a packet and ask you to return it to the office later. Naturally, this will not work while you are quarantined. However, numerous attorneys already have functional systems in place.

For example, some attorneys begin the process by sending debtors a link to a website where they can complete the questionnaire online and possibly upload pay stubs, bank statements, and other documents required when filing for bankruptcy.

Others will email the bankruptcy questionnaire to the client and request that they scan and return it via email. If scanning is not possible, you can mail the documents in or have them dropped off at an office dropbox by a friend or family member (assuming that essential travel is permitted). Bear in mind that, according to some reports, the coronavirus can survive for an extended period on paper and cardboard.

Completion of Mandatory Bankruptcy Courses

You’ll complete two online courses—one prior to and one following your bankruptcy filing. Your attorney will assist you in obtaining access to the courses. Learn more about credit counseling and bankruptcy debtor education courses.

Meeting With a Bankruptcy Attorney Is Virtually Impossible Due to COVID-19

You should expect three to four consultations with your lawyer before the office files your case. The office can arrange meetings over the phone or via video conferencing.

Acquainting yourself with the attorney. You’ll ask questions, listen to the attorney’s assessment, and decide whether or not to retain the lawyer during the initial consultation. A lawyer familiar with your case may advise you of your options during that meeting.

Choosing a course of action. It is not uncommon for debtors to forget critical details inadvertently or to be unaware of the significance of certain information during the initial consultation. You’ll discuss anything new that came up in your questionnaire during this meeting. As a result, this will not be necessary unless the information contained in your questionnaire responses and financial documents contradicts what you and your lawyer discussed during the initial meeting.

Certain courts have temporarily waived the requirement that a bankruptcy attorney obtain an original or “wet signature” on the bankruptcy petition before electronically filing it with the court. This rule relaxation is extremely beneficial to both lawyers and clients during the coronavirus pandemic. It restricts the amount of contact that must occur prior to filing a case. Each day, more courts adopt similar rules.

If your local court has waived the requirement for a “wet signature,” your attorney should be able to immediately file your case online. Even if your local bankruptcy court has not yet relaxed this requirement, some attorneys may agree to a different arrangement. For example, the attorney may be able to review documents via phone or video conferencing and file the case after receiving the wet signature via mail or dropbox.

Bringing Your Bankruptcy Case to a Successful Conclusion

If you file for Chapter 7 bankruptcy, all that remains is to await your discharge—the court order that eliminates your debt.

In a Chapter 13 case, your attorney will appear via telephone at a Chapter 13 confirmation meeting (as will you, if necessary—this will depend on the court’s practice). If the court approves your repayment plan at the confirmation hearing, you will make payments for three to five years on the agreed-upon schedule.

Speak With Our Bankruptcy Lawyers In Phoenix & Scottsdale

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Canterbury Law Group should be your first choice for any bankruptcy evaluation. Our experienced professionals will work with you to obtain the best possible outcome. You can on the firm to represent you well so you can move on with your life. Call today for an initial consultation. We can assist with all types of bankruptcies including Business Bankruptcy, Chapter 7 Bankruptcy, Creditor Representation, Chapter 5 Claims, Chapter 13 Bankruptcy, Business Restructuring, Chapter 11 Bankruptcy, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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