Bankruptcy

Bankruptcy

 

Bankruptcy is the term used to identify the legal status of a person or persons who is incapable of paying back debts owed to creditors.  This includes entire businesses or individuals whose financial status is suffering because of unpaid debts or loans.  Most of the time Bankruptcy is levied by a court order to eliminate or repay a portion of debts under federal protection by the court.

With two different types of personal bankruptcy — Chapter 7 and Chapter 13 — deciding which one is the right choice for you may be a challenge.  Understanding what the many terms residing within Bankruptcy law are will help you, your business (Chapter 11) or family to get a better idea of how to proceed if you face unpaid debts, Collections or creditors seeking to attack your assets as a form of payment.

Figure out what kind of debt you face, and whether or not you are eligible to keep your property or not.  This is the main difference between Chapter 7 and Chapter 13 Bankruptcy.  Creditors can repossess property if you face secured debt, but a creditor cannot repossess your property if your debt is unsecured.  Both types of Bankruptcy are lengthy processes, but the attorneys at Harlow, Spanier & Heckele, PLLC are ready to help you through each and every step.

Although a debtor would be wise to find a local attorney, it is true that Bankruptcies are prosecuted through the Federal Court in your State’s District.  In Arizona, Bankruptcy Cases are handled by the Federal Bankruptcy Court, Second Division for the State of Arizona.

Filing in Arizona

If you are filing for Chapter 7 or Chapter 13 Bankruptcy in Arizona, you must file the petition and other forms in the appropriate Arizona district court as well as participate in credit counseling.

Because most of bankruptcy is governed by federal laws, the general filing process in Arizona is similar to other states.  However, there is some Arizona-specific information you’ll need for the Bankruptcy forms.  You’ll also have to know about the Arizona Bankruptcy exemptions, find an approved credit and debt counselor in Arizona, and get some information on local forms,

If you have questions regarding Bankruptcy in Arizona, please contact the attorneys at Giordano Spanier & Heckele, PLLC at (520) 495-0869 or info@reallawtucson.com. Mention this web page for a 30-minute consultation.