Posted On: June 24, 2000

Why Chapter 13 Bankruptcy in Arizona?

The following are two lists. The first is a list of the most common reasons I encounter in representing clients with debt that force them to use a chapter 13 bankruptcy instead of chapter 7 bankruptcy. The second list are the most common reasons I see people choose to file chapter 13 bankruptcy as opposed to chapter 7.

Must File Chapter 13 Bankruptcy - Most Common Reasons
1. Filed a recent bankruptcy case. (8 years for from chapter 7 to chapter 7)
2. Fail to qualify for a chapter 7 bankruptcy - i.e. fail the means test, filing chapter 7 would otherwise be done in "bad faith"
3. Majority of debt may not be discharged in chapter 7 but may be in chapter 13

Choose Chapter 13 Bankruptcy Instead of Chapter 7 Bankruptcy - Most Common reasons
1. Need to protect "non exempt" assets
2. Simply want to control creditors via court supervised repayment plan
3. Need to Protect co-debtor(s) from collection
4. Keep the IRS at bay - obtain an overall better monthly payment than installment or oic
5. Reduce Principal on certain car loans
6. Strip away/treat as unsecured debt second mortgages on home that are "wholly" unsecured
7. Stop Foreclosure and pay arrears over time.
8. Stop repossession and pay for car through chapter 13 plan at actual value.
9. Usually less expensive to actually file case than chapter 7.
10. Want to make the effort to try and pay creditors back something if only a small percentage of debt
11. Divorce related debt problems

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Posted On: June 24, 2000

Attorney Fees in an Arizona Bankruptcy Case

A reporter outside of a courtroom asked a defendant clad only in a barrel: “Oh, I see your attorney lost the case?” The defendant answered, “No, we won.”

To some, this joke isn't funny. By repeating it, I don't mean to imply that all lawyers charge too much. We all know what one well spoken or well written sentence from an experienced attorney, can be worth. I mean, who hasn't watched a "Perry Mason" episode or two?

I don't want however, for my clients to feel like they have to wear a barrel, in order to get positive results. So, in exchange for some important things like experience, individual attention and hard work, I try to charge a reasonable and honest fee that represents what is necessary to be successful.

I offer flat fee arrangements or hourly arrangements, and many chapter 13 filers are able to pay a relatively small amount in attorney fees to actually file the case.

You are welcome to call and discuss your situation over the phone. I will be able to provide a better idea of what your fees may be, after I understand more about your unique set of facts.

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Posted On: June 24, 2000

Client Comments

Most of our clients come to us via referral from clients and other professionals.

We don't solicit comments from our clients, but regularly receive unsolicited comments. Some of our unsolicited client comments are below:

"The attorney I thought I'd never need but was blessed to have gotten ... I want to thank you for your compassion and all of your help throughout this case...I would recommend anyone considering bankruptcy...to hire (you)." p.k.

"You rock, Thanks!!!" K.C.

"Good news! I just received a copy of a certificate of release of federal tax lien...thanks again for your help. I have referred other clients to you as an indication of my satisfaction with your services." M.J. (Client with more than $500,000 in federal income tax debt - discharged in bankruptcy)

"I want to thank you personally for your effort to resolve my IRS debt. It is a great relief to have this over with. I need your help once again regarding two issues:..." G.R.

"Thank you so much for the work you have put in for us....we are very appreciative as we believe without your work on this we would not have been as successful..." C.H.

"....I'm assuming you and I are done (don't take that the wrong way, I certainly couldn't have done all this without your help." P.C.

"We really appreciate all you did..." L.D.

"Thank you !!! you are the best!!!!" D.B.

"Thank you for all your additional support. You really went above and beyond to help me through a very difficult time...I will be happy to recommend you to family and friends as an attorney with the utmost integrity." E.R.

"I don't know how to thank you, but that is the best news I've had in a couple of years. ...You've been very reassuring through this whole affair and I appreciate that more than you know. D.P.

"We really want to thank you for ... and being so honest, forthright and helpful. As I'm sure it was clear that we had been burned more than once. It has been our experience that in business, such virtues are rare. So, thanks again for restoring our faith in lawyers, and people really." R. N.

"Also Mike I truly appreciate your time and effort spent by you personally on my case. I will be composing a letter to you and your team commenting on the professionalism, knowledge, and my over all experience. Thanks for everything!" S.M.

"You are truly a lifesaver! This is absolutely great news! Thank you Thank you!" T.M.

"...more importantly it's good to feel like a good citizen again. For that, I can't thank you enough...Rest assured that if given the chance to refer someone to you, you've got it. D.P.

"My sister is going to be calling you to discuss her options....she has a complicated case and could really use your help so I recommended your services since you helped us out so much." J.L.

"I appreciate all you are doing and thank you very much." L.T.

"Thank you for your assistance with our tax matters. The agreement you made on our behalf is great". B.W.

"You are great. thanks" K.S.

"Thanks for your very professional service" M.D.

"Thank you, thank you, thank you" M.C.

"Again Thank you for your quick response" T.P.

"I appreciate all you are doing and thank you very much" E.T.

"thank you for all you have done". K.P.

"My check came through normal with no levy, thank you very much"! J.M.

"Thank you sooo much for your efforts in our behalf, we greatly appreciate all your help" D.D.

"I wanted to thank for all your help and tell you we really appreciate your honesty, candidness and all that you did." S.G.

"You did a great job for us, Thanks" K.S.

"By the way, your awesome. Thanks for your help" M.H.

"As always, Thank you so much"! G.T.

"Thank you so much, It's still will be hard for ------- and I, He still as not found a job, but it puts our minds at peace to know when he finally founds one we have nothing over our heads. You have been great". R.S.

"Thank you so much"!!!!!!!! K.B.

"Thank you so much for all your help over the past". N.H.

"Not that it means anything, but THANK YOU AGAIN. you should be so proud of how you can make people with an obvious discomfort/problem ,and make them feel alright..." T.W.

"I appreciate your efforts. I won't hesitate to use your services in the future if the need arises".
R.R.

"Thanks Mike. We truly appreciate all you are doing for us." T.L.

"Thanks again for all of you help." B.P.

"...let me again thank you for your help". S.W.

"...Good Work." E.M.

"Thank you, thank you, thank you". RPM

"I appreciate all you are doing and thank you very much". L.T.

"Thank you for everything Michael.....I appreciate it more then you can imagine." S.M.


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Posted On: June 24, 2000

Resources For Those With Debt Issues

AnnualCreditReport.Com

U.S. Department of Justice

BankRate.Com

Experian Credit Report

Equifax Credit Report

Transunion Credit Report

District of Arizona Trustee Contact Info

District of Arizona U.S. Bankruptcy Court

American Bankruptcy Institute

U.S. Courts Bankruptcy Statistics

Max Gardner

Credit Scores and Credit Reports - How the System Really Works (Book- Amazon)

East Valley Family Lawyer - J. Kyle Scoresby

East Valley Family Lawyer - Steve Ellsworth

East Valley Medicaid Planning Lawyer - Ken Barney

East Valley CPA - Kilpatrick, Luster and Associates

IRS.gov

StayViolation.Com

DebtCreditLaw.com

Nitzkin and Associates

Commercial Law League of America

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Posted On: June 19, 2000

About the Attorney

Michael S. Anderson

Mr. Anderson has counseled and represented many Arizonans find solutions to their financial problems since 1996. He emphasizes personalized service and a straightforward approach. This combined with a reputation for accessibility and attention to detail, results in satisfied clients who consistently refer their friends and family. Visit "Office Policies" for more.

Location: Mesa, Arizona
Clients: Maricopa and Gila County
Phone: 480-507-5985
Fax: 480-507-5988
Email: mike@msanderson.com

Areas of Practice
Consumer Bankruptcy
Tax

Education
California Western School of Law
Doctor of Jurisprudence
Arizona State University
Bachelor of Arts

Court Admissions
U.S. District Court, District of Arizona
Arizona
U.S. District Court, District of Utah
Utah
U.S. Tax Court

Bar Admissions
Arizona
Utah (voluntarily inactive)

Physical Address:
2158 N. Gilbert Rd. Ste 101
Mesa, Az. 85203

Mailing Address:
P.O. Box 2680
Mesa, Az. 85214

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