Bankruptcy and Rental Property

Bankruptcy and Rental Property

If I file for bankruptcy, will I loose my second house? It depends on whether a Chapter 7 bankruptcy or a Chapter 13 bankruptcy is filed. A Chapter 7 bankruptcy is also known as a “liquidation” bankruptcy. If a Chapter 7 is filed by an individual or a consumer, as opposed to a business, the consumer gets to keep only that property which is exempt under Arizona law.

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Bankruptcy and Foreclosure

Bankruptcy and Foreclosure

I am behind on my mortgage payments – can bankruptcy protect my home? Yes and no, depending on which bankruptcy chapter one chooses to file. At first, all the property that a Debtor owns except property that is exempt under Arizona law (if the Debtor lives in Arizona) becomes part of the bankruptcy estate, regardless of which Chapter is filed. The exempt property and the property in the bankruptcy estate is protected by the automatic stay.

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How to Stop Annoying Creditors

How to Stop Annoying Creditors

I am being harassed! What can I do to stop the calls? There are ways of stopping annoying creditor calls, or at least minimizing them. Credit collection became so harassing that Congress passed the Fair Credit Collection Practices Act, 15 U.S.C. Section 1692. Under the Fair Credit Collection Practices Act, a creditor may not call a borrower before 8:00 o’clock in the morning or after 9:00 o’clock in the evening. The creditor also may not contact any third parties such as neighbors or friends to ask questions about the borrower. Finally, the creditor is prohibited from calling the borrower at work, or from threatening the borrower with criminal prosecution.

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Bankruptcy and Wage Garnishment

Bankruptcy and Wage Garnishment

Can bankruptcy stop a creditor from taking money out of my paycheck? Yes. When money is owed to a creditor, the creditor can go to court and get a judgment against the Debtor. If the Debtor don’t work something out with the creditor to pay off the judgment, the creditor can file a Writ of Garnishment with the Court, and the Writ then forces the Debtor’s employer to take money out of each paycheck and pay it to the creditor.

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Bankruptcy and Co-signed Debt

Bankruptcy and Co-signed Debt

I co-signed my son’s car that the bank repossessed- can the bank go after me? If a Debtor co-signed a debt such as a car loan for their son and the son cannot make the payments, the bank will generally repossess the car and sell it at auction. Because the car will not sell for as much as what the son owes on the debt, the bank will have a deficiency judgment for the difference between what is owed and for what the car sold.

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Bankruptcy and Repossession

Bankruptcy and Repossession

Can bankruptcy stop the bank from taking my car? Yes and no. When filing for bankruptcy, generally everything a Debtor owns becomes property of the bankruptcy estate, except property which is exempt under Arizona law (if you live in Arizona). The bankruptcy estate is protected from the collection efforts of creditors by the automatic stay. Arizona exemption statutes protect exempt property.

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What if Employment-Based Visa is Lost or Stolen?

What if Employment-Based Visa is Lost or Stolen?

Employment-based visas were our topic last week. In this article, we will expand on that post to help people in Arizona learn what to do if your Employment-Based Visa is lost or stolen. If you or a loved one are in the United States on an employment-based visa, you can probably understand the horrible anxiety and fear that might come over a person who loses that visa, especially when you consider how dire the consequences can be if you don’t have your documentation when you need it.

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What are Employment-Based Immigrant Visas?

What are Employment-Based Immigrant Visas?

Coming to work in the United States on an employment-based immigrant visa is one way that some people choose to enter the country. For people who have skills that are valuable to the workforce, this is sometimes a viable option. These visas are made available each year. From the beginning of October through the end of September, around 140,000 of these visas are made available. Anyone who is interested in these visas might like to get some answers to basic questions.

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