LAW OFFICE OF D.L. DRAIN

1702 W. Camelback, Suite 264

 Phoenix, AZ 85015

Phone: 602.246.7106

Fax: 602.249.1969

 DDrain@DianeDrain.com

 
   


   
 

 

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.


Articles - Credit & Bankruptcy

Chapter 7 & 13 FAQ

Protecting Your Privacy

Trustee Sale and Bankruptcy

Articles for
Debtors

Articles for Creditors

Credit Report Information

 

 

 

 

 

"We find greatest joy, not in getting, but in expressing what we are. Men do not really live for honors or for pay; their gladness is not the taking and holding, but in doing, the striving, the building, the living. It is a higher joy to teach than to be taught. It is good to get justice, but better to do it; fun to have things but more to make them. The happy man is he who lives the life of love, not for the honors it may bring, but for the life itself."

R.J. Baughan

Diane L. Drain, Counselor and Attorney at Law
Diane L. Drain,
Arizona Attorney and
Counselor-at-Law

 

How Can My Firm Help You?  (lots of free help)

◙  People who are in trouble:

 ◘  HELP!!  I think I need to file for personal bankruptcy protection.
  Click here
 what do I do in order for Ms. Drain to help me?

 ◘  I am not sure if bankruptcy is right for me. 
  Click here
I want more information.

◙  Small companies who are in trouble:

   HELP!!  I think I need to file for business bankruptcy protection.
   Click here
what do I do in order for Ms. Drain to help me?
 ◘  I am not sure if bankruptcy is right for my company. 
   Click here
I want more information.
◙ 
Creditors:

 ◘  Someone who owes me money has filed bankruptcy. 

  Click here what do I do?

◙  I am just looking for more information about bankruptcy:
 ◘  Click here where do I go?

 

Take a minute for a little sad, but true consumer credit humor: 

 http://cdn-www.cracked.com/articleimages/wong/2-8-08/honestmcbank-rextaffel.jpg   

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 an AV rating from Martindale-Hubbell - "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 relieve people from the misfortunate of too much debt and to protect them from the outrageous actions of some heartless creditors and collection companies who refuse to honor the Fair Debt Collections laws.  We do this by helping our clients file for bankruptcy relief under the Bankruptcy Code.

 

DISCLAIMER This site is not intended to be advertising and the Law Office of D.L. Drain, P.A. and the attorneys employed by that firm do not seek to represent anyone in a state where this site may fail to comply with all laws and ethical rules of that state.  The information provided in this web site is for general information purposes only. All the documents, forms and information on these web pages are generic in nature and must not be regarded as legal advice. The law changes periodically and we make no representations that any of the information is accurate. You are not to make any inference from this website that our firm represents you or would be able to represent you; or that the information contained herein applies to your specific circumstances. You must seek legal counsel to ascertain your rights and obligations.

 

 

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