Why Do I Need an Attorney to File Bankruptcy?

The short answer: To avoid fraud charges and to prevent the bankruptcy trustee from taking assets which may be exempt.

Most people file bankruptcy because they can no longer pay their creditors.  When you file a Chapter 7 bankruptcy you are asking for the federal government to stop all your creditors from collecting, and appoint a trustee who will collect for them up to the limits allowed under bankruptcy laws.  The appointed trustee also has the job of detecting fraud, by finding people who are making misrepresentations as part of the bankruptcy process.

A good bankruptcy attorney can prepare the bankruptcy filings so that nothing is omitted.  The trustees do not just look for statements that are not correct on the filings, but also statements that are missing. Bankruptcy filings require you to list all of your assets, and require you to sign under oath that you have listed all of your assets. You will then have a hearing before the trustee where you will take an oath and state under oath whether you have listed all of your assets. If you have omitted items, even inadvertently, there is a risk that the trustee will look further for fraud in your case. If a trustee believes there is fraud, then they will file a motion to prevent you from having your debts discharged or forgiven.

Notary Public in the State of Arizona

Need a document notarized? A notary public is a person appointed by state government to witness the signing of important documents and administer oaths to deter fraud. There are certain steps that a notary has to go through to receive a notary license, including filling out a detailed application and posting a bond. A notary ensures that the signers of documents are who they claim to be.

How Serious is a Juvenile Crime in Arizona?

Your child’s life may be seriously affected from both a practical and legal perspective if he or she is arrested and ultimately convicted of committing a crime as a juvenile in Arizona.  Not only can a juvenile record can create a tremendous amount of stress within the family (as your child’s education and living arrangement may be dictated by the State), certain crimes (driving under the influence, for example) drastically alter the penalties of future convictions when your child becomes an adult.  Moreover, a conviction against your child in Arizona is not necessarily “expunged” when he or she becomes an adult as some presume. 

“Should I Stay or Should I Go Now?”

2012 IS THE YEAR TO DECIDE WHETHER TO SHORT SELL, WALK AWAY OR STAY

Since real estate values began dropping in 2006, many homeowners have been trying to hold on to their homes hoping that the market would turn around or that they may be able to modify their existing mortgages pursuant to one of the various modification plans for which few, if any, people qualify. Many people already have reached the decision that they need to get out from under their underwater houses, and have either walked away and let the property go to Trustee’s Sale or have sold their property in a short sale.  If you have been on the fence whether to unload your underwater home, now is the time to get off the fence and get on with your future. 2012 is the last year for a very important tax break for those people that are walking away from mortgage debt.

Happy Holidays from The Carroll Law Firm

Happy Holidays From Our Family to Yours