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Tips When Filing Chapter 7 Bankruptcy

The most common form of bankruptcy in the United States is Chapter 7. At Canterbury Law Group, we constantly work with clients to file Chapter 7, which allows individuals to extinguish all debts which are “dischargeable” under the Bankruptcy Code. In a Chapter 7, all of the debtor’s non-exempt assets on the petition date are liquidated through the priorities set forth in the bankruptcy code. At the time of filing, the bankruptcy code establishes the creation of your “debtor’s estate” which includes all “non-exempt assets.” As a Debtor you have various duties and obligations, including significant duties of co-operation, which are owed to the Bankruptcy Trustee. These obligations are designed to assist the Trustee in the administration of your bankruptcy estate.

The Scottsdale bankruptcy lawyers at Canterbury Law Group will counsel you regarding these duties, which if followed, will make your case run smoothly. Unfortunately, many debtors who are not fully informed of these obligations run the risk of not receiving a full discharge of some or all or their debt. If you’re thinking of filing Chapter 7, here are some recommendations from our lawyers:

1. Complete the Mandatory Credit Counseling – Before you can file chapter 7 bankruptcy, it is essential to complete credit counseling. It is a mandatory step before you can file and often requires paying a fee. Otherwise, your filing will not be allowed to continue.

2. File All Chapter 7 Paperwork – Complete and file all necessary paperwork in court. Make sure all of your paperwork is accurate. Determine any fees associated with your filing.

3. Meet With Your Creditors – Approximately one month after filing the petition, you will need to meet with your creditors, an arrangement made by the court. During this important meeting, your creditors will question you regarding your finances and property. Typically this meeting involves only a few people connected with the credit card companies to whom you owe your debt. Your lawyer can certainly be present to aid you through this process.

4. Attend the Personal Financial Management Instruction Course – In addition to your credit counseling course, a personal financial management course generally costs about $30 and is necessary for completing your filing of chapter 7. If you skip the money management course, you risk dismissal of your case.

Having a trusted legal team on your side is critical during bankruptcy. Call Canterbury Law Group today to schedule your consultation. 480-744-7711.

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Three Tips for After Bankruptcy

The personal bankruptcy attorneys at Canterbury Law Group help clients begin a fresh financial future. Not only can the law team at Canterbury help you successfully navigate through bankruptcy, they can also assist with creating a sound financial afterlife.

Here are three tips for those who are ready to improve their financial status:

Regroup – Once your bankruptcy case has been discharged, reflect on your past financial journey. Ask yourself questions that will help you create a better financial afterlife in the wake of bankruptcy, including:

  • How did I get here?
  • What could I have done differently?
  • And what have I learned from all of this?

Create a Realistic Budget and Pay Bills on Time – After bankruptcy, you must become vigilant about your finances. Even if you haven’t created a budget in the past, now is the time to get serious about doing so. Your budget will act as your spending plan, helping you to manage cash flow and preventing you from creating unnecessary debt. Make it a priority to pay all your current bills in a timely manner. Set up automatic bill payments, and remember to pay your rent on time since rent payments are now being tracked by the credit bureaus.

Pick a Credit Card That Will Help You Rebuild Credit – A key strategy to rebuilding your credit rating after bankruptcy is to obtain a secured credit card. With a secured card, you deposit a given amount of money, such as $500, into a bank account and that $500 becomes your credit limit. By charging small amounts each month and repaying your debts as agreed, you can gradually rebuild your credit.

If you have questions about your finances and / or bankruptcy, call Canterbury Law Group today to schedule a consultation. 480-744-7711.

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Get Rid of Debt in the New Year

The personal bankruptcy attorneys at Canterbury Law Group are constantly helping clients permanently rid their lives of debt. As the New Year is swiftly approaching, the law team at Canterbury knows that motivation about personal finances will be on the rise. In fact, many Americans add “getting out of debt” to their resolutions for the New Year.

If you are ready to start fresh financially, we suggest five simple tips to eliminate debt from your life:

  • Stop adding more debt: If you are trying to eliminate debt, it is crucial to avoid adding more debt to your “debt pile.”
  • Eliminate credit cards: One of the biggest down falls that most of us have is the reliance on credit cards. If you cannot control how much you spend when using credit cards, then cut up your cards or leave them at home until you are out of debt.
  • Cut your spending: Can you save some money after all of your bills are paid? Look at all aspects of your spending in hopes to add more to the debt fund. For instance, try to use your utilities wisely to save on water, electricity and gas, and put that savings towards paying off some debt.
  • Embrace a (temporary) frugal lifestyle: Although society tends to believe that we need a lot of things to survive, we can actually get by with very little. The more of the excesses you can trim out the sooner you will be out of debt.
  • Always lookout to improve your current income: The more the money you make, the more you will have left over to throw at your debt.

If you have questions about your finances and / or bankruptcy, call us today to schedule a consultation at 480-744-7711 or [email protected].

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Business Bankruptcy in Scottsdale

Our attorneys have vast experience in Scottsdale business bankruptcy cases. If you are a business owner thinking of filing bankruptcy, we will represent you throughout the entire process, from preparing to file through the restructuring of your company post-bankruptcy.

A common misconception about business bankruptcy is that it means the end of a business. Contrary to those beliefs, many companies that Canterbury Law Group has worked with thrive and advance after bankruptcy and restructuring. If bankruptcy might be an option, here are some terms to know.

Business Bankruptcy: A type of bankruptcy that allows a company to efficiently sell assets or to liquidate in a controlled manner. Just like any other business strategy, bankruptcy should be considered early enough to be a viable strategy to preserve the business’s assets and help it continue as a going concern. Bankruptcy can also be an important tool for assisting in an orderly wind down and liquidation of a business and its assets if you intend to close the business for good.

Business Restructuring: The primary goal of a business bankruptcy is to reorganize a business, which includes restructuring the company’s debts so the business can continue to operate and prosper into the future. There are many ways that this can be accomplished, ranging from selling assets to closing down sites or reducing personnel. It is critical to understand that bankruptcy affords a business the opportunity to propose and implement these changes, without the looming threat that creditors will shut the business down for good.

Our bankruptcy legal team is ready to represent you in your Scottsdale business bankruptcy case. Call us today to schedule your consultation. 480-744-7711.

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Illegal Practices Commonly Associated with Debt Buying

“Debt buying” affects millions of Americans and takes place when large companies buy and sell billions of dollars of debt. Credit card companies, hospitals, personal loan companies, banks and other lenders regularly sell and resell debt – and this may include debt that you owe.

For example, if you open a Visa account with a local bank and eventually stop repaying on your loan, the credit card company terminates your account and starts sending collection letters. The credit card company may decide to sell your debt for cash. Depending on how delinquent the debt is, a debt buyer may pay only 4 or 5 cents on the dollar. Your debt will then be packaged along with other similar debt and sold in bulk to a debt buyer at this discounted rate. The debt buyer will then attempt to collect the debt by calling you or the buyer may retain a lawyer and sue you.

Debt buying is legitimate as long as the debt buyer follows the rules. Debt buyers also realize that most consumers do not know the rules so the debt buyers often take advantage of a consumer’s limited knowledge.

Some debt buyers practice illegal tactics including:

  • Repeated collection calls that violate the Fair Debt Collection Practices Act ban on harassment and after hours calls
  • Misleading consumer into consenting to autodialed calls
  • Failure to respond to consumer disputes of debt
  • Farming debt to law firms for litigation without appropriate documentation
  • Threatening consumers with lawsuits for debts where the statute of limitations has run
  • Collecting on debt where the debt buyer has no documentation

The Consumer Financial Protection Bureau is starting to go after debt buyers who pursue illegal practices. For example, the CFPB recently imposed a $79 million penalty against to large debt buyers – Encore Capital Group and Portfolio Recovery Associates.

The bankruptcy attorneys at Canterbury Law Group are uniquely qualified to represent you in your debt related litigation. If you’re experiencing actions from debt buyers that may be illegal, call us today to schedule your consultation. 480-744-7711

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3 Steps to Take Before Filing For Scottsdale Bankruptcy

At Canterbury Law Group, our Scottsdale bankruptcy attorneys are top industry experts. We represent clients through the entire bankruptcy process and, although all cases are unique, the end goal of bankruptcy is always a fresh financial start.

Here are three tips for people that are starting to think about bankruptcy.

  • Gather documents. You must start collecting financial documents for your attorney. Obtain a record of debt including credit card bills, unpaid medical bills, loan statements, etc. Also locate any documentation on assets you currently hold and monthly income statements.
  • Find a qualified legal team. Filing for bankruptcy is a complicated process and a simple mistake can be detrimental to your case. Make sure you have a legal team that is experienced, understands your goals and can get the job done. Many law firms offer a complimentary first-time consultation or cut-rate deals. Generally speaking, uou get what you pay for. Instead, call Canterbury Law Group today to schedule your appointment.
  • Better your financial habits. You need to make sure you improve your financial life after your file bankruptcy. Educate yourself by reading books, reviewing financial websites and seeking out professional guidance. Obtain a secured credit card or personal loan to start building up your credit but remember that you may have to wait some time before you can be approved for a secured credit card.

As authorities in the legal industry, the bankruptcy counsel at Canterbury Law Group was uniquely formed to provide no-nonsense legal counsel for personal and business bankruptcy cases. The team’s attention, experience and sophistication allows for innovative resolutions that generate positive client results.

Put time on your side and consult on your possible bankruptcy sooner than later. Our legal team is ready to represent you in your Scottsdale business bankruptcy case. Call us today to schedule your initial consultation. 480-744-7711.

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Celebrities Filing Chapter 11 or Chapter 13 Bankruptcy

At Canterbury law Group in Scottsdale, we have seen an increase in clients filing bankruptcy. It’s not only Scottsdale bankruptcy but, in fact, bankruptcy cases have become more common throughout the entire country. More individuals, usually with a high net worth, are turning to Chapter 11 or 13 to solve their bankruptcy needs.

Just recently, Curtis James Jackson III, the rapper better known as 50 Cent, filed for bankruptcy. Although we do not work directly with Jackson, we do know that Chapter 11 is how many celebrities have publicly dealt with their debt problems. You do not have to be completely out of money to file for Chapter 11, it merely means you do not have good current cash flow. Filing for personal bankruptcy allows Jackson to continue his involvement with various business interests and continue his work as an entertainer, while he undergoes an orderly reorganization of his financial matters.

Jackson’s spending and business activity, including any personal salary , could be subject to the analysis and approval of bankruptcy court pending the review of his bankruptcy filing. Also, as in all Chapter 11 cases, when he files payment schedules, it will show all the details of his debts, assets, even whether or not he paid his landscaper on time.

The Scottsdale bankruptcy attorneys at Canterbury Law Group have significant experience with Chapter 11 filings, which tend to be multifaceted, and are capable of filing an individual case under Chapter 11 as mandated by the court.

When choosing Canterbury Law Group to represent you throughout your bankruptcy case, you will have deep industry experience and a dedicated team to ensure maximum case efficiency. Our goal is to help you achieve a new financial existence. Our success allows clients to move forward with a new financial freedom. To discuss Chapter 11 or Chapter 13 bankruptcy, or any Scottsdale bankruptcy case, contact us today to schedule an initial consultation.

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Filing Chapter 7 Bankruptcy in Scottsdale

Chapter 7 bankruptcy is one of the most common types of bankruptcy. Filing bankruptcy in Scottsdale can be a very intricate and overwhelming process, so the dedicated law team at Canterbury Law strives to help clients every step of the way.

A Chapter 7 bankruptcy filing provides immediate relief for those who are struggling with unsecured debt such as medical bills, credit card debt and certain tax debt. It is a valid means of resetting your financial life and getting back on track with your finances. Chapter 7 provides individuals with a discharge of all debts that are “dischargeable” under the Bankruptcy Code. Notably, some debt, like child support obligations and student loans are, for the most part, non-dischargeable.

It is wise to work with experienced legal counsel when trying to negotiate the complex process of filing for Chapter 7. The law team at Canterbury Law in Scottsdale has experience with the most intricate bankruptcy cases.

Stopping Collections Actions – After filing for Chapter 7, all collections activities from creditors will go through an automatic stay, or stop. Approximately four months after your filing, you will receive a Chapter 7 discharge, which will release you from personal liability on most debts and prevent creditors from contacting you regarding these discharged debts.

Qualifying for Chapter 7 Protection – A means test is needed to qualify for Scottsdale Chapter 7 bankruptcy protection. If your current monthly income is below the adjusted median income in Arizona, you automatically pass the test. If you do not meet these initial requirements, you must pass a secondary means test that deducts expenses to determine if you qualify.

It is important to have an experienced Scottsdale bankruptcy lawyer to help guide you through this filing bankruptcy. The bankruptcy lawyers at Canterbury Law will counsel you to help settle your debt and start fresh with your finances.

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Filing Bankruptcy in Scottsdale

At Canterbury Law Group, we believe that no one should feel embarrassed or ashamed when having to file bankruptcy. Bankruptcy has been a significant issue in society since the very beginning, as our founding fathers rejected the idea that a person should be saddled with their debts for life. That’s why the founding fathers included bankruptcy as a fundamental right for all United States citizens.

Bankruptcy is a legal status of a person or other entity that cannot repay the debts it owes to creditors. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.

At Canterbury Law Group, we help our clients understand Scottsdale bankruptcy rules and exemptions as well as expose the myths commonly associated with bankruptcy. Filing for bankruptcy in the phoenix land area can settle your debt. We also help you decide which options to debt relief fit your situation the best. Our firm can assist you in putting an end to any of the following:

Creditor Harassment:

  • Repossessions
  • Wage Garnishment
  • Foreclosures
  • Collection Lawsuits
  • IRS Problems

As Scottsdale bankruptcy attorneys, we often find that clients are surprised at learning they can keep assets when filing bankruptcy.

These assets may include:

  • Your home (even with mortgages) – Equity in your home (up to $150,000 per person)
  • Your qualified retirement plans – (IRAs, 401Ks, etc.)
  • Most day-to-day personal property – (furnishings, televisions, clothing, autos.)
  • Pets

Let our dedicated legal experts evaluate your financial situation and determine the best course of action needed to provide you with a fresh financial start.

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