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. Often as low as $350.00.

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 past clients, or other firms or professionals i.e. lawyers, accountants, brokers, real estate agents etc.

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. (Bankruptcy client)

"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.


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Posted On: June 24, 2000

Case Examples

Typical Chapter 13 Bankruptcy Case Examples

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Posted On: June 24, 2000

Featured Articles

Chapter 13 Bankruptcy? Reasons to consider filing

Serious Debt? What are your options?

Negotiating the debt? Pros and cons

Your Small Business is Failing?

Chapter 13 Bankruptcy - explanation and example

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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

Michael S. Anderson begin practicing law in Arizona in 1996. Michael graduated from Arizona State University in 1993 and received his law degree from California Western School of Law in 1996. For the "fun" of it he took the bar exam in Utah in 2007 as well, and is currently licensed on a voluntary inactive basis in that state as well. He belongs to the National Association of Consumer Bankruptcy Attorneys and the American Society of Tax Problem Solvers.

He has consulted with more than 3500 individuals and businesses with tax and financial problems, and has represented more than 1,300 chapter 7 and chapter 13 bankruptcy clients over the years.

The bankruptcy practice is focused on helping those with serious tax debt and those who would benefit from chapter 13 bankruptcy. Many of his clients have dealt with or discharged literally millions of dollars in tax debt.

Mr. Anderson also helps creditors collect debt and deal with issues they may confront in bankruptcy court.

As a result of his experience, he is able to counsel clients on a wide array of non bankruptcy remedies and help them choose which type of Bankruptcy will be the best option.

He has found that only generous amounts of one-on-one pre-petition planning and consultation, will result in truly successful cases and because of this, he requires all of his clients to spend individual and extensive time with him in planning a case prior to the actual filing.

Some of his office policies are listed in the following blog entry.

Visit "Office Policies" page

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