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When filing for bankruptcy, what happens to your car depends on various factors. In Chapter 7 bankruptcy, if the equity in your car is less than the exemption amount (which is $6,000 in Arizona for an individual filing), you can typically keep your car. However, if the equity exceeds the exemption amount, the trustee may seize the vehicle and sell it to satisfy your debts. It’s important to note that not all vehicles with more equity than the exemption will be seized, as it depends on the specific circumstances of the case.

In Chapter 13 bankruptcy, you can generally keep your car if you own it outright. In this type of bankruptcy, your debts are reorganized into a repayment plan that lasts three to five years. However, if you have a car loan and cannot afford to continue making payments, allowing the lender to repossess the vehicle may be the only option.

It’s important to consult with a bankruptcy attorney to understand how your specific situation may be affected. You can request a consultation here. 

When filing for bankruptcy, what happens to your house depends on various factors. In most cases, individuals are able to keep their homes in bankruptcy. However, it is important to note that the protection is not automatic, and it is advisable to work with an experienced bankruptcy attorney to navigate the process. The ability to keep your house usually depends on the type of bankruptcy you are filing, your mortgage payment status, and the amount of equity you have in your home. Chapter 13 bankruptcy generally allows individuals to keep their homes, even if they are behind on mortgage payments. In Chapter 7 bankruptcy, many debts can be discharged, making mortgage payments more affordable. It is crucial to consult with a bankruptcy attorney to understand how your specific situation may be affected.

Yes, filing for bankruptcy can often stop wage garnishments. When you file for bankruptcy, an automatic stay is typically put in place, which halts most collection efforts, including wage garnishments. However, it is important to note that there are certain types of garnishments for which bankruptcy may not be effective. If you receive notice of intent to garnish your wages, it is advisable to contact an attorney promptly to discuss your specific situation and determine the best course of action.

Here’s a link to an article with more information on this. 

Many people can be terrified about the prospect of having to enter Court meetings, so it can be welcome news for people intending to file bankruptcy to learn that they will not have to spend as much time in the courthouse as they might have feared. The truth is that many people who file for bankruptcy do not need to appear for any court proceedings. There are certainly exceptions in some cases, as bankruptcy cases can turn into litigation rather easily. It is possible that a person could be required to appear in court if a trustee objects to an exemption or a judge orders the person to appear and show cause.

Yes, judgments can potentially be discharged in bankruptcy. However, it is important to note that not all judgments can be eliminated through bankruptcy. Certain types of judgments, such as those related to willful and malicious torts, DUI awards, federal criminal orders of restitution, civil contempt of court orders, and fraud judgments, may not be discharged. It is advisable to consult with an attorney to determine if your specific judgment can be discharged through bankruptcy. You can get in touch with one of our attorneys here.

When a married couple files for bankruptcy, they may be eligible for what is known as a community discharge. This means that even if only one spouse files for bankruptcy, the entire marital union receives the discharge. As a result, both spouses are protected from the claims of creditors for debts included in the bankruptcy. The non-filing spouse’s wages cannot be garnished because they are considered community property, and creditors cannot access bank accounts holding community funds. However, it’s important to note that this protection does not extend to the non-filing spouse’s separate property, as creditors may still be able to pursue that.

Certainly! In Arizona, when people marry, they agree to form unions under which they take on all of their partner’s assets and liabilities. As a result, if one spouse files for bankruptcy, it will generally affect both spouses. The bankruptcy filing will impact the joint assets and liabilities of the couple. However, it’s important to fully understand the specific implications and options available in your situation. You can learn more about those here 

Chapter 7 bankruptcy is known as liquidation, while Chapter 13 is a reorganization. Both individuals and business entities can file for Chapter 7, but only individuals can file for Chapter 13. To qualify for Chapter 7, one’s disposable income needs to be low enough to pass a means test, and there are limits on the amount of debt allowed. Chapter 13, on the other hand, takes three to five years to complete. In Chapter 7, a trustee can sell nonexempt property to pay creditors, while in Chapter 13, debtors generally keep all of their property but may have to pay unsecured creditors an amount equal to the value of nonexempt assets. Additionally, Chapter 13 allows for removing unsecured junior liens from real property through lien stripping and reducing the principal loan balance on secured debts through a loan cramdown, which Chapter 7 does not allow.

Timing of bankruptcy discharges varies depending on the chapter under which a case was filed. In Chapter 7 cases, courts typically grant discharges promptly on expiration of times fixed for filing complaints objecting to discharges and the time fixed for filing a motion to dismiss the case for substantial abuse, usually about four months after the date a person files a petition with the clerk of the bankruptcy court. In Chapter 13 cases, the court will grant a discharge as soon as practicable after a person completes all payments under their repayment plan. Because a Chapter 13 plan provides for payments to be made over three to five years, a discharge often occurs around four years after the date of filing.