Chapter Bankruptcy Lawyers

• Chapter 7 Solutions
• Chapter 13 Solutions
• Credit Card Debt Services
• Automatic Stay Benefits

Chapter 7 Solutions

Chapter 7 bankruptcy is a form of bankruptcy that eliminates unsecured debt, such as credit card debt, medical debt, non-secured personal loans and lines of credit, lease debts, and outstanding amounts after vehicle repossessions, among others. To benefit from Chapter 7 relief, an individual or couple must qualify for it. The Chapter Bankruptcy Lawyers in the Tempe office have experience assessing eligibility for Chapter 7 debt relief and advising clients on its potential impact based on their current financial situation.

In Chapter 7 bankruptcy, individuals are not required to make payments; instead, debts are fully discharged upon filing for bankruptcy in Maricopa County, Arizona. This allows debtors to retain a significant portion of their property. These factors contribute to Chapter 7 being the most commonly used form of bankruptcy in Tempe and across Arizona.

Exemptions in bankruptcy allow individuals to retain certain possessions, such as necessities like food, housing, clothing, and transportation. The types and amounts of exemptions can vary depending on the case.

In Arizona, the exemptions available under Chapter 7 bankruptcy are different from those in other states. At Chapter Bankruptcy Law, Arizona Chapter 7 lawyers assist clients in identifying exempt property in accordance with Arizona bankruptcy laws. Understanding these exemptions is crucial, as Arizona law does not permit the selection of exemptions from federal bankruptcy laws.

Exploring bankruptcy exemptions in Chapter 7 is important, and a Henderson bankruptcy attorney can provide detailed information about the assets one can keep and those that may be relinquished in the bankruptcy process. The experienced debt relief experts at the firm work to maximize clients' bankruptcy exemptions.

A Chapter 7 bankruptcy filing in Mesa or Tempe typically takes around 5 to 7 months to complete, though the duration may vary depending on the specific circumstances. Regardless of the timeline, the Henderson bankruptcy attorney guides clients throughout the bankruptcy protection process, emphasizing customer service and dedicated representation at every stage.

Chapter 13 Solutions

Chapter 13 bankruptcy, known as a reorganization bankruptcy, is the second most common type of bankruptcy filed in Arizona. It is typically chosen by individuals seeking to repay their debts over a period of three to five years, catch up on overdue accounts such as mortgage or car payments, or who earn too much income after necessary expenses to qualify for Chapter 7 bankruptcy.

When an experienced Arizona bankruptcy lawyer files a client's case, the bankruptcy court appoints a trustee. The client then makes monthly payments to the trustee, known as the Chapter 13 plan payment, which the trustee uses to pay the client's creditors.

Individuals with steady monthly income are more likely to complete the three to five-year repayment period, although they must adhere to a strict budget during this time. Self-employed individuals can file for Chapter 13 bankruptcy but must work closely with an experienced Chapter 13 bankruptcy attorney to manage potential fluctuations in income and adjust the Chapter 13 plan payment accordingly. Although Chapter 13 can be complex, experienced lawyers guide clients throughout the process.

Benefits of filing for Chapter 13 in Arizona include the ability to save one's home, apartment, or car. Additionally, it can freeze foreclosure proceedings, lawsuits, evictions, and car repossessions. Chapter 13 also allows individuals to resolve defaults over time and repay a portion of their debts in a wage earner repayment plan.

However, Chapter 13 cases can be challenging as every disposable dollar, after reasonable expenses, must be allocated to the repayment plan. This leaves little room for unexpected expenses or life events, such as auto or home repairs, time off work, or other significant occurrences. To ensure clients stay on track with their payments and continue with their plan, close collaboration with the attorney is essential. The Chapter Bankruptcy Lawyers can help clients navigate and maximize benefits of filing Chapter 13 bankruptcy. 

Credit Card Debt Services

Managing credit card debt can often seem overwhelming, particularly when high interest rates and late fees accumulate. For individuals living in Mesa, Gilbert, Chandler, and across the East Valley of Phoenix, Arizona, breaking free from the cycle of credit card debt can feel unattainable. However, Chapter 13 and Chapter 7 bankruptcy offer a path toward relief from credit card debt. This blog will discuss how filing for bankruptcy can offer significant assistance and introduce Chapter Bankruptcy Law, PLLC as a reliable partner in achieving financial freedom.

If individuals are struggling with excessive credit card debt, they can contact Chapter Bankruptcy Lawyers to learn how bankruptcy protection may provide a solution for eliminating the debt. If obligations to credit card debt are unmanageable, and the amount owed has become so significant that payments are being missed, consulting with a credit card debt lawyer at the law firm can help. An attorney can assess and address the debt, providing support if the credit card debt has led to collection actions such as:

• Lawsuits
• Wage garnishment
• Bank account attachment
• Persistent collection calls and harassing collection activity
• Home liens

Bankruptcy provides an option for eliminating credit card debt obligations. An attorney at Chapter Bankruptcy Lawyers can assess the debt and advocate for the client's rights and financial interests. The attorneys are experts in legal representation and familiar with Arizona bankruptcy law. If bankruptcy is not the optimal approach for relieving credit card debt, alternative options are presented.

Automatic Stay Benefits

The automatic stay is an injunction that takes effect immediately upon filing for bankruptcy in Arizona. This legal order halts most collection actions and proceedings against the debtor and their property. Debtors benefit from the automatic stay in several ways:

• Protection from Creditors: The automatic stay prevents creditors from pursuing debt collection activities such as phone calls, letters, lawsuits, wage garnishments, and property seizures.
• Breathing Room: Debtors receive a temporary pause from financial pressures, allowing them to focus on their bankruptcy case, explore debt relief options, and work towards regaining control of their financial situation.
• Prevention of Evictions and Foreclosures: The automatic stay can temporarily stop eviction proceedings and foreclosure sales, providing debtors with additional time to address housing challenges.

Chapter Bankruptcy Lawyers can assist individuals in need of an automatic stay by guiding them through the bankruptcy process and providing legal representation. Here's how the firm can help:

• Filing for Bankruptcy: By filing for bankruptcy on behalf of clients, the firm triggers the automatic stay, which immediately halts most collection actions and proceedings against the debtor and their property.
• Legal Guidance: Experienced attorneys provide clients with a comprehensive understanding of how the automatic stay works and how it can protect them from creditors. This includes stopping collection calls, letters, lawsuits, wage garnishments, and property seizures.
• Housing Protection: The firm assists clients in leveraging the automatic stay to halt evictions and foreclosure proceedings, giving them additional time to address housing-related issues.
• Debt Relief Options: Chapter Bankruptcy Lawyers can help clients explore their debt relief options and choose the appropriate bankruptcy chapter (Chapter 7 or Chapter 13) based on their financial circumstances.
• Compliance with Legal Requirements: The attorneys ensure that all necessary paperwork and documentation are completed and submitted correctly to secure the automatic stay.
• Support Throughout the Process: The firm provides continuous support to clients throughout the bankruptcy process, helping them navigate challenges and work toward regaining control of their financial situation.

By offering these services, Chapter Bankruptcy Lawyers helps individuals in need of an automatic stay find relief from financial pressure and take steps toward a fresh start.

• Service Area
• Bankruptcy Without Lawyers

Service Area

Chapter Bankruptcy Lawyers primarily serves clients in Tempe, Arizona, and the surrounding areas, including other cities in Maricopa County such as:

• Phoenix
• Mesa
• Chandler
• Scottsdale
• Gilbert
• Glendale
• Peoria

The firm also extends its services to clients throughout the East Valley and other nearby communities in the greater Phoenix metropolitan area. By serving these regions, Chapter Bankruptcy Lawyers provides bankruptcy legal services and support to individuals facing financial difficulties in a broad range of locations across central Arizona. That being said, this is a relatively small geographic area and this particular office solely services clients in the city of Tempe.

Bankruptcy Without Lawyers

While there are a number of legal providers that assist those throughout the bankruptcy process, it can be done without hiring a legal team. This is a process known as filing pro se. However, there are several important factors to consider when deciding whether to proceed without legal representation:

• Complexity of the Process: Bankruptcy involves complex legal processes and paperwork that can be challenging to navigate without legal assistance. Errors in filing can lead to delays or complications in the bankruptcy process.
• Meeting Legal Requirements: Properly completing and submitting all necessary forms and documents is critical for a successful bankruptcy filing. An attorney can ensure compliance with legal requirements.
• Understanding Your Options: A lawyer can help you understand the differences between Chapter 7 and Chapter 13 bankruptcy, as well as other potential debt relief options that may be better suited to your specific situation.
• Protection from Creditors: An attorney can help you understand the protections offered by the automatic stay and ensure that your rights are safeguarded throughout the process.
• Maximizing Benefits: Lawyers have the expertise to help you take full advantage of bankruptcy protections and exemptions, maximizing the potential benefits of your filing.
• Avoiding Pitfalls: Without an attorney, you may risk making mistakes that could lead to your case being dismissed or result in loss of assets that could have been protected.

While it is legally permissible to file for bankruptcy without a lawyer, it is generally recommended to seek legal representation for the best possible outcome. An experienced bankruptcy attorney can provide guidance and support, helping you navigate the process more effectively and efficiently.