Filing an Arizona Bankruptcy?
We Answer Common Bankruptcy Questions Here
If you have questions about filing an Arizona bankruptcy, you may find the answer here, but if you can’t find the answer or you still have questions, please use the form on this page to ask us or just give us a call. We are always happy to help.
Most efforts by a creditor to collect a debt or to repossess your property without the permission of the Arizona bankruptcy court violate the automatic stay. If a creditor repossesses any property, such as your car, after you file for bankruptcy in Arizona, the creditor must return the property to you. However, the first thing that you should do if a creditor contacts after you have filed your Arizona bankruptcy is, tell them that you have filed for bankruptcy and instruct them to contact your bankruptcy attorney. If you are our client, our bankruptcy attorneys will take it from there. If the creditor has been notified of the bankruptcy and they have intentionally contacted you, the court may punish them for violating the automatic stay.
You should notify your Arizona bankruptcy attorney as soon as you discover the mistake and provide them with all the creditor’s information. This is very important. If you do not list a debt on your bankruptcy schedules, that debt might not be discharged. That means you will be required to pay the debt in full after bankruptcy. If you did not list the creditor on your Arizona bankruptcy, they probably did not receive notice of your Arizona bankruptcy filing. If that is the case, they may contact you. Let them know that you have filed for bankruptcy and direct them to contact your Arizona bankruptcy attorney.
The short answer is yes, you must list all of your debts on your Arizona bankruptcy schedules. Failure to do so may result in the debt not being discharged in your bankruptcy.
Yes. You must provide the trustee and/or any creditor with copies of any federal tax return that you filed for the year prior to your bankruptcy filing. If you do not comply with this request, the court may dismiss your bankruptcy case. However, if you have not filed your taxes, you still may be able to file an Arizona bankruptcy if you prepare and file your tax returns immediately so that your bankruptcy attorney can provide them to the trustee prior to the deadline. You should consult with your bankruptcy attorney about this prior to filing your Arizona bankruptcy and follow their advice.
If you hire an Arizona bankruptcy attorney to represent you, the process may appear deceptively simple. Often people are anxious about their chapter 7 bankruptcy case because the process is so easy for them. You may think that nothing is happening but that is usually a good sign. After filing an Arizona chapter 7 bankruptcy, the court will send out a notice of bankruptcy filing to all of your creditors along with a notice of meeting of creditors (also called a 341a meeting).
The 341a meeting is between the trustee, yourself and any creditors who wish to appear (usually none do) where you are examined under oath about certain aspects of your financial situation. In most cases, this is the only time you will appear with your bankruptcy attorney. Before you get too nervous about it, the meeting of creditors will probably be over before you have a chance to warm up the seat for the next guy. You may spend hours waiting for your turn but once it is your turn, you will likely be there for less than 5 minutes. Also, keep in mind that you need to be there on time but your bankruptcy attorney may not be with you until your case is called. This is because your attorney will likely have several cases there on the day of your 341a meeting.
Assuming all goes as planned at the 341a meeting, your case is basically over as far as you are concerned. You now just need to wait for the discharge and follow all of the instructions your bankruptcy gives you. In a few months, you will unceremoniously receive a notice of discharge of debts from the bankruptcy court. Unless your bankruptcy attorney tells you otherwise, your case is now officially completed and the debts listed in your bankruptcy have been forgiven.