September 22, 2009

Serious credit card debt... can you avoid bankruptcy?

I don't sell bankruptcy as a commodity. Why?

1. There are other options that may better fit the client's situation.
2. The client may have personal reasons for choosing to deal with the debt before relying on bankruptcy.
3. Bankruptcy is not always the best option from a financial standpoint. There are situations where the client will lose more financially in bankruptcy than outside it.

Having said that, I must admit that most of those I meet with, come to the conclusion, after review of their own numbers and how the law works, that bankruptcy makes the most financial sense.

A recent cnn.com article describes a woman with serious credit card debt who has chosen to live on a budget and pay the debt off. No matter her circumstance (she may have more non exempt asset value then debt or simply doesn't qualify well for a bankruptcy from an income and budget standpoint) you have to give her some respect for trying.

If you have serious credit card debt, I am not suggesting that you simply disregard bankruptcy as an option.

I do suggest that you sit down with a sharp pencil and clean paper to look closely at your actual income and budget. If it appears that paying the debt back will be difficult, find an experienced bankruptcy attorney who will personally help you understand your options. Preferably, someone who doesn't sell bankruptcy, but is looking out for your best interests.

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September 14, 2009

Actually file a consumer bankruptcy case for 500.00 in attorney fees?

Paying for things you need is one of life's little dilemmas. Paying for legal help in Bankruptcy is one of life's larger dilemmas.

A bankruptcy client's common refrain is, "how do I pay for a bankruptcy attorney when I can't pay my bills?"

There are a number of ways to come up with the attorney fee, some are sensible, others are borderline ridiculous. Smashing your 10 year old child's piggy bank just isn't worth it in the long run.

One way to pay for a bankruptcy attorney that is often overlooked, and that will allow the case to be filed before the fee is fully paid, is to use a chapter 13 bankruptcy instead of a chapter 7 bankruptcy.

A few attorneys in Arizona will agree to take a small amount upfront and to then build the remainder of the attorney fee into the plan. It gets paid over time via monthly plan payments and it is interest fee.

I like to do this for cooperative clients, because it allows them the ability to get a case analyzed and filed now instead of later.

The upfront attorney fee can be as low as $500.00 depending on the individual facts of the case and the client's willingness to cooperate. A filing fee must be paid to the Court and a pre petition class must be taken as well prior to filing. The filing fee for a chapter 13 case is $274.00 and the pre petition class is typically $40.00 to $60.00.

If you have steady income, but are low on funds for an attorney, you should consider chapter 13 bankruptcy.

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June 23, 2009

Office Policies

I have been counseling and representing clients with serious tax, consumer and business debt problems since 1996. During this time, I've developed some specific policies as follows:

1. Limited client numbers

Personalized attention can only happen when the numbers of clients a firm takes on is not more than the Attorney can personally "pay attention" to.

2. A client’s best solution is the goal

A client is supposed to mandate the goal of the representation. I try to take this idea further by asking my clients to discuss with me what they really want. Sometimes this results in finding a solution that does not include my services. That is fine. I don't "pigeonhole" clients into bankruptcy or any other legal solution.

3. The client is not a “number”

I want my clients to feel that I did my best, win or lose, and to pass that on to their friends and family. A client should feel respected and encouraged by our association with one another.

In order for this to happen, I must know each client's individual facts, and his or her desires and goals as discussed above. This can only be accomplished if I spend real time with the file and with the client. I typically respond personally to each client email and phone call, personally prepare the bankruptcy documents, personally advise and consult with my clients in planning the case, and represent them in court.

4. Technology makes a difference

The office is paper"less". All documents are digitally stored and backed up. This allows me to practice from wherever there is an internet connection. Faxes, email and voicemail go with me everywhere I go....almost. Clients email me directly and get answered by me directly.

This is in an attempt to help me work more efficiently, maintain a smaller client base and thereby increase the level of service and personal attention I can give. While keeping the cost of representation reasonable.

5. No fee "games"

I don't quote low fees in order to get clients to retain the office. No gimmicks and no "teaser" rates. Every client is unique and every situation the client faces is unique. I attempt to maintain a straightforward approach in relation to attorney fees and my relationship to clients.


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January 13, 2007

Welcome to our new Arizona Bankruptcy Blog

We are attorneys in Mesa Arizona who enjoy writing about debt issues and representing local small businesses and individuals who are having serious tax, business related or consumer debt problems.

Most of our clients have serious income tax, payroll tax, failed business, medical or credit card debt and are facing IRS levy, lawsuits and sleepless nights.

We are able to help by personally and thoroughly reviewing their financial history, educating them about their best options to deal with the debt, and then helping them do so via Chapter 13 bankruptcy, chapter 7 bankruptcy, dealing with the IRS/Creditor directly, or a combination of bankruptcy and direct representation.


For most, there will be a solution if there is the will to cooperate.

Our desire is that for those with serious debt problems, this blog will be a place to visit as they learn about the law and their options.

We encourage readers to use the search bar, read our take on a question, or shoot us a question to get an answer potentially written about on the blog.

Once you have learned all you can, you can email or call me to talk further about your options.

If you are in trouble, I can help you find a solution.

Campbell & Coombs P.C.

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