General Bankruptcy INFORMATION
Bankruptcy is a very complicated interplay of several laws and should not be undertaken without adequate representation.  Do not use document preparers or attorneys who do not practice bankruptcy law full time.  Most bankruptcy lawyers offer free consultations.

Sad, but true picture of how creditors view consumers: 

This firm is dedicated to a client-centered approach of the practice of bankruptcy and trustee's sale law.  We represent both individuals and small companies in bankruptcy - both creditors and debtors.  Our mission is to explain the intricacies of law in plain, understandable English. We will never tell you what we think you want to hear, only what the realities are of your situation. Nor, do we look for reasons why we can't do something.  Instead, we try to find appropriate ways to help.  Our interpretation of the law is conservative.  Therefore, our clients are usually prepared for most situations.  Most importantly, we try to help you plan for the future, not just address your current legal issues. 

As was said on the welcome page - Ms. Drain's greatest rewards come from helping individuals who are experiencing financial difficulties.  This firm is selective as to the clients we represent.  Our primary goal is to provide the best quality services for the more reasonable price.  To accomplish this goal our clients must be actively involved in their case; be willing to learn, be responsible for gathering information (at our direction) and be willing to listen to and follow our advice.

Since 1985 Ms. Drain has appeared regularly before the United States Bankruptcy Court.  She is a strong and practical advocate for her clients and well respected in the legal community.  She has been recognized by her peers and clients as having an "exemplary reputation and well-established practice".  Ms. Drain is a member of the Board of Governor's for the State Bar of Arizona.  As such she has a responsibility to both the practicing lawyers and the citizens of our State.

Your satisfaction is our goal.  Legal proceedings are difficult enough, so we do our best to help you understand the process and keep you informed as to the status of your case.  Click here for more information about Ms. Drain.

Bankruptcy laws were formulated to give the "honest" debtor a "fresh" start. Bankruptcy is not intended to give debtors an unfair advantage over their creditors. This requirement comes from the United States Bankruptcy Code, Title 11 of the United States Code, and it is not intended to protect the debtor who has acted in bad faith in an attempt to defraud creditors.

The United States Bankruptcy Code is divided into Chapters:
Chapter 7 bankruptcy is referred to as a liquidation. A Chapter 7 debtor is an individual or entity whose expenses exceed its income.
Chapter 11, commonly referred to as a "business reorganization", is commenced by the filing of a voluntary petition by the debtor, or the filing of an involuntary petition by creditors.
Chapter 12, a reorganization for family farmers and fisherman.
Chapter 13, commonly known as "individual debt adjustment", "individual debt consolidation", or "repayment plan". A Chapter 13 bankruptcy can be filed only by individuals. A typical case generally involves people who have fallen behind in their mortgage payments, delinquent with their priority taxes, or have debts that are generally non-dischargeable in a Chapter 7 (student loans, child support arrears, and others). Filing a Chapter 13 plan of reorganization requires that the individual has a source of income. Such income must exceed the individual's household expenses. In essence, the individual has disposable income to be able to fund the plan of reorganization.

Chapter 15 Cross Border Bankruptcy   This chapter is new under the 2005 Reform Act.

"When I was a young woman we had a government that declared war on poverty. Today we have a government that has declared war on the poor. "  (author unknown, contributed by Annette Gerhardt).  The 2005 Bankruptcy Reform Act is that declaration of war.  I am proud to say that our office is in the business to help people facing financial distress.  We do this by assisting our clients file for bankruptcy relief under the Bankruptcy Code.
 

Filing for bankruptcy demands a great deal of planning before the case is filed.  Therefore, normally Ms. Drain does not take cases that have already been filed with the Bankruptcy Court.  If she instructs - go here for more information.

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