For personal bankruptcy stay on this page, for business bankruptcy click here.
NOTE: please bookmark this page so you can refer to it later. 

First, there is no reason to apologize or feel embarrassed for having financial difficulties  Everyone has suffered through periods of financial distress. Circumstances change: lost jobs, medical problems, divorce, business failure and/or real property values fall.  Each of these situations leave the people involved in disastrous financial situations.  So please do not hide from reality. The faster you seek good legal advice, from an experienced bankruptcy attorney, the less likely you are to make some disastrous, yet innocent, decisions. 

There are situations when bankruptcy is not the best option.  Ms. Drain will help you determine what other options might be available.  But, in the great majority of cases, bankruptcy is the only option left.  It is her job to help you throughout the entire process and to make sure you understand your rights and the complex legal issues involved with bankruptcy. 

We have designed a process (this web site) that allows anyone 24 hour access to information about bankruptcy.  Our web site is working even if we are not.  We use educational videos to educate our clients and an intake form to assist Ms. Drain in reviewing the client's personal situation.  There are no fees for these services.  After viewing the two videos and talking to Ms. Drain, the client is instructed how to enter his or her own creditor information on-line.  Next the client meets with Ms. Drain for 2 hours to ask and answer questions, review the documents and plan for the future.  Our fees are kept to a minimum because the client watches the videos and helps with the information processing.  We invite clients to call anytime there are questions.  Unlike most firms, Ms. Drain talks directly to all clients and does not delegate this duty to her staff. Please review some comments that our clients have shared with us about our services.

If you have any problems with any of the links please call our office immediately.  We do not want you to become frustrated.  Our goal is to make this very complicated process as easy as possible.

At the first meeting: you will be expected to pay one-half of your retainer.  Some clients elect to pay a portion of the retainer before that meeting.  Once you have paid a portion of the retainer you may refer all creditors and collection companies to our office.  Therefore, you will no longer be haunted by those horrible demands from the creditors.   Please note that this firm does not represent you until you have actually paid a retainer fee and signed a retainer agreement.  Please do not give out our name to your creditors until you have made the necessary arrangements with our office. 

Ms. Drain is sensitive to strong smells and allergens.  If possible, please consider the use of perfumes or cologne when you meet with her. 

As of April 2005,  Congress has decided that all debtor lawyers must state that they are "debt relief agencies".  I am very proud to say that our office is in business to help people understand their rights, and if necessary, to help them for bankruptcy relief under the Bankruptcy Code.


 

THE "SIX STEPS"
Please follow each step. Do not jump over any step, otherwise you will be sent back to complete the missing step and this will slow the process for completing your bankruptcy.

ANY INFORMATION IS HELD IN STRICTEST CONFIDENCE

Step One - Click here for Digicounsel Educational video - Introductory Session: the basics between chapter 7 and chapter 13. This video will help you understand the basics of bankruptcy, assist you to understand your duties in bankruptcy and dispel the myths about bankruptcy. In order to view the videos you must have access to broadband (cable, DSL) and use Internet Explorer or Netscape.  This video will not work on a Mac unit until IE is compatible.  Do not send questions through DigiCounsel, otherwise the program may freeze.   Instead write them down and ask Ms. Drain during your call (Step Two).  Feel free to call us if you have any problems or questions.

Step Two - General Review of Financial Status - fill out this form, send to our office and Ms. Drain will call you to schedule a 20 - 25 minute phone discussion.  THERE IS NO FEE FOR THIS SHORT DISCUSSION.  Please indicate on your form what phone number we should call to reach you and the most convenient time.  Ms. Drain will do her best to call at that time.

This form is intended to provide Ms. Drain with sufficient information to properly advise you as to whether or not bankruptcy would help you and then which type of bankruptcy would be the most beneficial.  The information will also assist in identifying specific areas of concern that could lead to difficulty in filing a bankruptcy at this time.  This will also include a discussion about the means test.

NOTE: To use this form you can copy all or a portion of the document, then paste it into your word processor.  After this form is filled out you can fax, e-mail or mail it to our office.  Make sure to write legibly and only in dark ink.

Please understand that just because you send us this form that you have not committed to filing for bankruptcy protection.  There are situations when the best course is for a client to wait for some period before filing, if a bankruptcy is ever filed; or take another route other than bankruptcy.  Depending on your unique needs Ms. Drain may refer you to another experienced bankruptcy lawyer.  If you do not become a client of our office then we will shred all documents you have provided.

Make sure to check our FAQ's for basic questions related to bankruptcy. 

Step Three - Click here for Digicounsel Educational video - NOTE: YOU CANNOT ACCESS this video until you have completed Step Two above and spoken to Ms. Drain.

Now that you know whether a 7 or 13 is your best option, return to the videos and choose either 7 or 13, or both.  The more education the better.  Make sure to use the same phone number (including area code) as your original login.  Again, in order for you to access this second video our office must first customize if for your situation.  We do this after we have completed the telephonic conference referenced in Step Two.  As always, call us if you have any problems.

Step Four - Credit Reports - After our phone discussion and when you are within a short time of wanting to file your bankruptcy, obtain tri-merge credit report - -  one report merging all 3 reporting agencies.  If you are married obtain one report for each spouse. This tri-merge report is free if you use this link: click here for the link to the free credit report. Why free - the federal law requires that every Arizona resident be able to obtain a free annual credit reports.

You must have these credit reports (all three for each spouse) in order to fill out step 5 properly.  These reports are intended to make certain you know about and accurately list all your creditors and collection companies.  We do not need copies of these reports.

Step Five*- Please do not start this step until you have completed steps 1, 2, 3, and 4. 
RAPID IMPORT (also known as "StopMyBills.com"): These forms are intended to provide us with the necessary information to prepare your bankruptcy documents.  This on-line program is completely secure and only our firm will receive a copy of your information. Before going any further print and read Instructions for Using Rapid Import.  These instructions will make your work much easier.  Fax us a copy of this signed document.

STOP: did you get your credit reports (step 4)? If not, get those reports and gather all your bills.  Did you print and read the Instructions for Using Rapid Import?  If not, do it now.

Fill in your social security number below and press the "Log In" button.  You will be taken for an easy to follow on-line series of questions.  This site is called Rapid Import and is very secure. Be very accurate when filling in your social security number.  You may return to the Rapid Import site anytime by re-entering the same social security number.  Therefore, you can enter information at your convenience.

    SSN: - -
 

Once you press "complete" in Rapid Import an e-mail will be sent to our office.  Once completed do not enter any additional information at Rapid Important without first talking to my paralegal - Jay.  Call us to set your 2-hour appointment.

Step Six**- Credit Counseling Class - Congress requires that you take a credit counseling class before you are permitted to file for bankruptcy.  If you are married both of you must take this class.  The class can be taken on the internet or phone.  We recommend Institute for Financial Literacy (click here).  This office does not act as a facilitator, you must pay any fees directly to the company; we do not give you a log-in number, you just obtain that from the company.  You will be issued a certificate once the class is completed.  Make sure to send my office a copy of this certificate.

Caution: this class is good for only 6 months so take it only when you are ready to meet with me.

Beware of offers from fraudulent educational services.  They must be approved by the US Trustee's Office.

Credit Counseling companies that I have had trouble with:
1) Allen Credit and Debt Counseling Agency www.acdcas.com: (failure to provide certificate without 2 reminders 2-8-07).
2) GreenPath Debt Solutions

Bring to your first meeting with Ms. Drain:
 1) Half of the retainer fee.  The balance, plus the court filing fee is to be paid when you are ready for us to file your bankruptcy.
2) Your driver's license and social security cards.
3) New Means Test (click here) - filled out before our meeting.
4) Credit Counseling Certificate(s)
5) Bank statements for last 12 months - all accounts, including business (if any)
6) Tax returns for last 2 years
7) Last 6 months of all pay stubs or proof of income (if self-employed).
8) Copies of all vehicle titles or registrations.
9) Copies of law suits, if any.
10) If you owe back child support or alimony - a copy of exactly how much you owe and who is trying to collect.
11) If you are behind on house payments and plan on saving your home, then bring a statement from lender indicating the amount necessary to bring the loan current, plus a copy of the Notice of Trustee's Sale, if any.
12) If you owe back federal taxes - obtain a literal transcript called Form 4506-T from the IRS for the last 4 years, whether you think you owed taxes or not.  General Notes on transcripts

Please remember: Ms. Drain is sensitive to strong smells and allergens.  If possible, consider the use of perfumes or cologne when you meet with her. 

If you have young children - please make arrangements for a babysitter.  Our first meeting is long and you need to be able to concentrate.

FIRST APPOINTMENT: Once the Rapid Import information is completed it will be automatically e-mailed to our office.  If you have followed the Rapid Import directions we will call to schedule your 2 hour appointment.  If you did not follow the directions for using Rapid Import you will be asked to return to Rapid Import and fill out the information correctly.  Remember that we are offering you lower fees in exchange for you entering accurate information.

We offer both daytime and early evening appointments.  Make sure to bring the documents listed above.  At that meeting Ms. Drain will go over all your questions, discuss your unique situation and the bankruptcy documents will be completed.  You will be provided with a draft of the bankruptcy documents and asked to take the draft home to review it for accuracy.  If you have not already received them, you will also be given both retainer and disclosure agreements.  At that meeting you will discuss the timing for filing and design a plan for the process.

SECOND APPOINTMENT: When you have completed a final review of all the documents and are ready for us file your bankruptcy you will need to call our office and we will schedule another appointment.  You are to bring the edited draft documents that you were given at the first meeting.  A final review of all the documents will be completed, any change in your circumstances will be discussed and, then you will be asked to review and sign all the documents.  You will be guided as to the best time for our office to file your bankruptcy.  At this second meeting you will need to pay the balance of your retainer and the Bankruptcy Court filing fees.