Bankruptcy Attorney Phoenix

Bankruptcy Attorneys in AZ

The experienced bankruptcy lawyers at Alcock & Associates have over 20 years of experience in filing for Chapter 7 & 13 bankruptcy. We have put hundreds of our clients back on track and given them a fresh start and we can do the same for you. Here’s why you should consider our bankruptcy firm.

$0 Down to begin your case

We genuinely will begin your case with no money down. Some bankruptcy lawyers offer $0 down, but this really isn’t much more than a layaway plan.  When we begin a bankruptcy case, you will have an immediate consultation with a bankruptcy attorney with more than 20 years experience.

We will guide you through the initial steps of bankruptcy and make sure that you are collecting the information that is necessary to fully protect your rights.  While this is ongoing, we will take the appropriate steps to protect you from creditors and collections agents who may be constantly hassling you.

Legal paperwork is prepared by an experienced attorney, not a paralegal

We know how important the bankruptcy process is to you. You can’t afford to have a mistake and it is vital that the process is completed thoroughly and accurately.  That’s why we have bankruptcy attorneys prepare all the documents in your file from beginning to end.

Affordable fees and payments

What good is a $0 down payment fee if the fees are expensive and the payments are high? It is possible to offer truly affordable fees with payments that will not cause you additional financial harm. Call us and find out for yourself how different we are. We love helping our clients and we are passionate about allowing people to get a fresh start.

BANKRUPTCY AND COVID PAYMENTS

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CLICK HERE TO LEARN ABOUT CHAPTER 13 BANKRUPTCY

CLICK HERE TO LEARN ABOUT CHAPTER 7 BANKRUPTCY

Our Bankruptcy Lawyers Care

Our attorneys have been serving clients from Phoenix, AZ and neighboring communities for decades, and have helped many file for bankruptcy and get their lives back!

WHAT YOU NEED TO KNOW ABOUT BANKRUPTCY:

WILL BANKRUPTCY HELP ME?

If you are saddled with debt you cannot afford to pay, there is a good chance that bankruptcy will help.  But to really know whether bankruptcy is an appropriate solution for your situation, it is necessary to analyze the type of debt you have and how the bankruptcy laws enable you to resolve it.  One of the considerations is whether the debt is secured or unsecured.  Secured debt means that you gave a security interest in property you own to a creditor for the purpose of securing the repayment of a loan.  For example, a loan used to purchase a vehicle is typically secured by that vehicle, making it collateral for the debt.  Securing the debt is advantageous for lenders because, assuming a properly perfected lien exists, they have a legal right to take possession of the collateral should you fail to make payments.  

In Arizona, the mechanism for perfecting a lien depends upon the nature of the property securing the debt.  For example, a lien on a vehicle is perfected by noting the lien on the certificate of title, whereas a lien on a house is perfected by recording a deed of trust in the county where the property is located.  When debt is unsecured, there is no collateral, and creditors must generally sue and obtain a judgment against you to force collection.  Debts owed to the government, such as taxes and federal student loans, are an exception; the government can utilize collection methods such as wage and bank account garnishment without first obtaining a judgment.

People commonly have a mix of both secured and unsecured debt.  For example, if you own a house with a mortgage, and there are outstanding balances on your credit cards, then you have both secured and unsecured debt.  What if you are current on your mortgage payments, but you had to stop making payments on your credit card debt?  A Chapter 7 bankruptcy will help by freeing you from the credit card debt, and you will not lose your house so long as you continue to make the mortgage payments and the house is protected by an exemption.  

But what if you fell behind on your mortgage payments while trying to pay the unsecured debt?  In that situation, a Chapter 13 bankruptcy can save your house from foreclosure by allowing you to catch up on the missed payments over time.  Keep in mind, however, that Chapter 13 is an effective solution for stopping foreclosure only when you have adequate income to make plan payments.  If you fell behind on mortgage payments due to having lost a job, and there is no source of income for a repayment plan, then a Chapter 13 reorganization is not feasible.

Another consideration is whether the type of debt you have is dischargeable in bankruptcy.  For example, tax debts must meet certain requirements to be discharged.  If you are considering bankruptcy for taxes that came due within the past three years, a Chapter 7 bankruptcy is not helpful because such tax obligations are not dischargeable.  However, a Chapter 13 bankruptcy may be a good option because it allows for you to pay the taxes in a plan.  Student loans are not automatically discharged, and it is very difficult to obtain a discharge through litigation with the student loan creditors.  As a result, bankruptcy may not be a good option for you if you are struggling exclusively with student loan debt.  

It is important to obtain a thorough analysis from an attorney prior to filing bankruptcy.  The attorney will evaluate your unique situation and explain options for resolving the debt.  If bankruptcy is a viable option, the attorney will advise as to how Chapter 7 or Chapter 13 can help you. 

YOUR SUCCESS IS OUR SUCCESS

Nothing gives us more satisfaction than knowing that our clients can make a fresh start. We have over 900 five star Google reviews for a reason.  Our job is to build relationships with our clients.  When we get positive feedback, it reconfirms our desire to work harder.  You and your family’s well-being is of the utmost importance to us, and we will do everything we can to help you ensure your financial security in the future. Call us and let’s get started today.

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BANKRUPTCY FAQ’S

Will I lose my house if I file a Chapter 7 bankruptcy?

You may keep your house so long as it is protected by an exemption, you are current on payments for any mortgages on the bankruptcy filing date, and you continue to make timely payments.  The Arizona exemptions apply to your case if you have lived in Arizona continuously for two years prior to filing.  Under the Arizona homestead exemption, the house you live in is exempt up to $150,000 in equity, or a maximum of $150,000 in fair market value when owned free and clear of mortgage liens.  Married couples share the $150,000 exemption—they do not separately receive $150,000 each.

Can I keep my car in a Chapter 7 bankruptcy?

You will not have to give up your car if it is protected by an exemption, and you remain current on payments for any auto loans and/or title loans secured by the vehicle.  Assuming the Arizona exemptions apply, you can protect up to $6,000 in equity in a motor vehicle, or fair market value if owned free and clear, and that amount doubles to $12,000 when you are disabled.  With married couples, each spouse receives an exemption, enabling them to protect two vehicles up to $6,000 each (or $12,000 for each disabled spouse).  

Atty. Nicholas M. Alcock 900 Google Reviews

May I leave a credit card out of the bankruptcy?

You must list all debts in your bankruptcy documents.  At the 341 Meeting of Creditors, the bankruptcy trustee will ask you under oath whether you have listed all debts.  Even debts owed to family members and friends must be listed, although you may choose to repay them after the bankruptcy.  The credit card companies will close your accounts, but you can qualify for new credit cards by rebuilding your credit after bankruptcy.

Must I disclose all assets?

You are required to disclose all property in which you have a legal or equitable interest in your bankruptcy paperwork.  Knowingly and fraudulently concealing an asset is a felony, punishable with a fine up to $250,000 and/or five years in prison.  The Court can also deny your discharge, or possibly dismiss your case or convert it to a different chapter.  While nearly everything you own becomes property of the bankruptcy estate on the filing date, there are exemption laws designed to allow you to keep the types of assets owned by the average person.  With proper planning, most debtors can avoid having to surrender any assets.

Do I need to wait to file bankruptcy until after I have stopped making payments?

You may file bankruptcy even if you are still current on debt payments and have not yet defaulted.

Will I be able to purchase a house after bankruptcy?

Once you have defaulted on debt payments, qualifying for a mortgage with good terms is going to be difficult, and bankruptcy can help you reach your goal of buying a house.  Unburdening yourself from debt discharged in bankruptcy, such as credit cards and medical bills, may enable you to save for a down payment.  And resolving delinquent debt on your credit report can put you on a path towards rebuilding your credit and qualifying for a mortgage.  There is an automatic two-year waiting period from the bankruptcy filing date for FHA or VA financing, whereas conventional loans do not carry a mandated wait period.  Regardless of the type of financing, however, it is likely to take about three years to qualify for a desirable mortgage, depending on market conditions and your credit score. 

What if I have fallen behind on my mortgage payments are car payments?

A Chapter 13 bankruptcy can save your house from foreclosure by allowing you to get caught up on the missed payments over time.  If you have been served with a Notice of Trustee’s Sale, a Chapter 13 bankruptcy will stop the sale when filed prior to the auction date.  Vehicles with delinquent payments can be retained and the auto loans paid in a Chapter 13 plan, frequently reducing their balances through “cram down” and lowering interest rates.

Will I have to go to court?

All bankruptcy filers are required to attend a hearing known as the “341 Meeting of Creditors”, which is held between 21 and 40 days after the petition is filed.  The bankruptcy trustee assigned to your case, and not a judge, presides over the 341 Meeting.  Bankruptcy trustees are court-appointed individuals who administer your case, and they are required to ask you certain questions on the record, mainly for the purpose of verifying your identity and making sure that your bankruptcy documents are truthful and accurate. You will be in a small hearing room with other bankruptcy filers. It is generally a simple and brief hearing.  

How long will filing bankruptcy hurt my credit?

Chances are that your credit score is already low, or about to drop, because you can no longer make payments.  Delinquent payments and judgments are negative items on your credit report for seven years.  Bankruptcy resets your credit by resolving delinquent debt, and if you are diligent about rebuilding credit after bankruptcy, you can attain a credit score in the 700 range within a relatively short time period.  Rebuilding credit typically begins with establishing a timely payment history on a secured credit card, and working your way up to department store cards, unsecured credit cards, auto loans, mortgages, etc.

Could the Bankruptcy Court refuse to give me a discharge?

If you are eligible for a bankruptcy discharge, truthfully and accurately disclose all information regarding your financial circumstances, testify truthfully at your 341 Meeting of Creditors, and comply with all requirements for bankruptcy debtors, you should not have to worry about receiving your discharge.  It is important to cooperate with the bankruptcy trustee’s request for documents and information, attend the 341 Meeting with proper identification and proof of social security number, file any unfiled income tax returns, turn over any non-exempt assets to the trustee upon request, and complete the post-filing debtor education course.  A bankruptcy attorney will analyze any issues that might impact your discharge prior to filing the case.

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The Law Office of Alcock & Associates is a federally designated Debt Relief Agency under the United States bankruptcy laws. We find solutions to our client’s debt problems including, where appropriate, assisting them with the filing of petitions for relief under the United States Bankruptcy Code. 

Our principal office is located at 2 N. Central Avenue in Phoenix, Arizona.  We’re located on the Southeast corner of Central and Washington.  We chose this location as it is close to the courts, including Federal Bankruptcy Court. 

Nicholas Alcock, JD MBA has been representing clients for over 22 years.  He is an Arizona native and is committed to representing the entire community in the State.  All are welcome at his firm.

 

Bankruptcy Lawyer - Affordable Fees

 

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My dad and I were in car accident and we went to Alcock and associates. They really help us out and keep us updated throughout the process. 10/10 I highly recommend!

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I just want to leave my comment that I had a car accident this past year and thanks to lawyer Jill and assistant for great help, I am very happy with the result and may God continue to bless you, so that you can continue helping more people. Atte Mario Sanchez.

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I had a great experience! Everything was settled and the outcome was great.

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Thanks to Alcock and Associates .P.C for helping me in my car accident case they fought over my case and I received recovery and the indy lawyer

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REPRESENTATION YOU DESERVE

Here at Alcock and Associates our team and staff are dedicated to helping and representing YOU. The first step is to understand your case. We will take the time to get to know you and your legal situation so that we are best able to answer all of your questions. After your initial consultation with our attorneys, you will know what you are facing and what can happen to your case.
EVERY CONSULTATION IS COMPLETELY FREE AND COMPLETELY CONFIDENTIAL.

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Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004

602-989-5000
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Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004