Tucson Bankruptcy Blog Arizona Chapter 7

Wage garnishment is the most common type of garnishment. In Arizona, the wage garnishment process usually starts when a creditor files a writ of garnishment of earnings, therefore, initiating a civil lawsuit against a debtor, who has defaulted on payments. If the judge rules for the creditor, the Court grants a money judgment in favor of the creditor and against the person owing the money. The judge issues a court order to the creditor. If the debtor does not pay, then the creditor can use the money judgment to file for a wage garnishment. The creditor serves the wage garnishment documentation on the debtor’s employer, and it requires the employer to withhold (garnish) a specified amount from the debtor’s paycheck each pay period. If your employer has been served with this court order, they cannot refuse to garnish your wages without severe repercussions. The court order requires your employer to send the funds to the person or organization that you owe money until the debt is paid off unless other payment arrangements are made with the Court or creditor.

Are you struggling to pay business debts? Are you feeling the weight and stress of what feels like an endless amount of debt crushing you? Is your business failing to produce enough income to cover expenses? Could your business really benefit from being reorganized? If you are a business owner, filing bankruptcy probably is one of the last things you want to consider. Yet, according to the Small Business Administration (SBA) more than 50% of businesses fail within the first ten years. Unfortunately, filing business bankruptcy is something many business owners need to consider. Filing bankruptcy does not mean the death of your business. Actually, filing either Chapter 11 or Chapter 13 bankruptcy allows you to save your business by reorganizing your debt. Filing bankruptcy can bring much needed relief from financial stress and provide a way for you to give your business a fresh, financial start.

You have been paying your bills late. Deciding strategically each month which bills get paid. Then it all catches up with you. Maybe you had to miss extra days of work unexpectedly or lost your job. Whatever the reason, you are no longer able to make the monthly minimums. Then the calls start. First, it is one or two calls a week. Then it is every day, multiple calls each day. You waiver between just putting your phone on silence, afraid to answer the next call, to being scared you will miss an important call regarding a job application, your loved ones, or kids’ school. You wish you could just pay off all your bills and stop the calls. However, unless you win the lottery or get the huge promotion, you know that will not happen soon. Should you change your phone number? Block every call you do not recognize? What can you do to stop the creditors from harassing you? Keep reading for the 5 best ways to get creditors to stop calling you.

When filing a Chapter 7 and 13 you must:
1. Reside, be domiciled, or have property or a place of business in the United States (U.S.). A person does not have to be a U.S. citizen to file, nor live in the U.S., if they have assets in the U.S.
2. You can file if you do not have a prior Chapter 7 discharge or it has been more than 8 years, or 6 years since a Chapter 13 discharge.

The Earned Income Tax Credit (EIC) is a tax credit that helps you keep more of what you earned. The credit was initially passed in 1975 to offset the burden of social security taxes and provide incentive for working. How is it calculated, and who qualifies?

  In our previous post we discussed the bankruptcy petition, the Schedule A listing of real estate/property and the Schedule B listing of personal property. In this post we will discuss property exemptions (Schedule C). Under federal and state bankruptcy laws, there are categories and amounts of property that are exempt from the bankruptcy process. […]

  Part of our commitment as bankruptcy attorneys is to inform and educate clients about the bankruptcy process. As a part of the client-attorney team, it is important for you to understand the forms you sign as part of your bankruptcy case. You are required to sign many of the forms we will file and […]

  Bankruptcy laws provide for you to exempt property from the bankruptcy process that is necessary for you to get a fresh start. In handling your bankruptcy case, we will need to take into consideration how long you have lived in Arizona to effectively plan your property exemptions.   Some states will allow you to […]

  When you have decided to file bankruptcy there are certain issues that need to be determined prior to your filing. As your Arizona bankruptcy attorneys, we will discuss the strategies involved in filing that will be of the most benefit to you and your spouse or family, if applicable. Should Both Spouses File Bankruptcy? […]

An important part of making your decision to file bankruptcy is deciding which type of bankruptcy is right for you. For the most part you will be making the decision to file chapter 7 or chapter 13. Although it is possible to “convert” or switch from chapter 7 to chapter 13 or vice versa, it […]