Debt Resolution / Bankruptcy

Debt Resolution

There are situations when filing bankruptcy is either not practical or not warranted by our client’s financial circumstances. In these situations, the better alternative is negotiating with creditors to reduce the amount of debt that must be repaid. This process is known as debt resolution.

At Kamper Estrada, LLP, we often help clients avoid bankruptcy through debt resolution. One approach is to negotiate the payment of a lump sum to the creditor. Creditors are often receptive to this approach and typically will accept a settlement in the range of forty to fifty percent of the outstanding balance. Another approach is to negotiate payments over time. While creditors are willing to do this, they generally will raise the settlement amount to between sixty and seventy percent.

We will work closely with you to determine whether bankruptcy or debt resolution is the best solution for you. If debt resolution is indeed the best approach, we will determine whether you can afford a lump sum payment or would be better served by a making payments over time. In either case, we will handle every aspect of the negotiation process for you and obtain the best possible settlement based on your particular situation.

We can use debt resolution to help you eliminate debt from all of the following sources and more:
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    Credit cards

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    Unsecured loans

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    Credit unions

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    Business loans

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    Cars in repossession

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    Unsecured personal lines of credit

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    Lawsuits

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    Medical and hospital bills

During the process, we will also negotiate with creditors to stop adding late fees and penalties to your account, as well as put an and to harassing phone calls from debt collection agencies. Contact us today to discuss your financial situation.

Chapter 7 Bankruptcy

When most people think about bankruptcy, Chapter 7 is the form of bankruptcy they have in mind. What many people do not know is that an experienced Arizona Chapter 7 bankruptcy attorney can protect most if not all of your property and assets through proper planning. This is why it is so very important to contact us before filing for Chapter 7 bankruptcy. In essence, we can help you get a “fresh start” without losing everything you own through a lifetime of hard work.

In Arizona, there are a number of exemptions that we can help you take advantage of, even if you have already filed Chapter 7. These include, but are not limited to:
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    $150,000 of your home’s equity

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    $6,000 in your automobile’s equity ($12,000 for disabled persons)

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    75 percent of your wages due as of the date of filing

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    $20,000 in life insurance benefits

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    $12,000 in disability benefits

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    Your IRA and 401(k)

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    $6,000 in household furniture and appliances not covered by other exemptions

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    $500 in clothing

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    $400 in musical instruments

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    $2,000 in engagement and wedding rings

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    $250 in books

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    $150 in a watch

Unfortunately, not everyone is eligible to file Chapter 7 bankruptcy in Arizona. Eligibility is based on a variety of factors, including income and expenses.

It is important to note that certain forms of debt are considered non-dischargeable, including alimony and child support, recently incurred income taxes, student loans, legal judgments from committing a crime or drunk driving, and purchases of what are considered luxury items shortly before the filing of bankruptcy.

Our Arizona Chapter 7 bankruptcy attorneys can quickly determine if filing for bankruptcy is the best option for you and whether you are eligible for Chapter 7. We will guide you through the entire process efficiently and with an understanding of what you are going through during this difficult time. Contact us today for a consultation.

Chapter 13 Bankruptcy

Generally, people file for Chapter 13 bankruptcy when they are unable to qualify for Chapter 7. However, there are other compelling reasons to choose Chapter 13 instead of Chapter 7, including:

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    Paying off substantial tax liability or child support payments with little or no interest

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    Protecting assets that would have been liquidated in a Chapter 7 bankruptcy

The process in a Chapter 13 bankruptcy typically involves the creation of a plan to pay unsecured creditors an amount deemed affordable over the course of three to five years. If you continue to pay your pre-determined amount of debt to a Trustee for the duration of the agreed-upon plan, the amount of unsecured debt not paid off will be eliminated.

Some of the other advantages of filing Chapter 13 include:

Eliminating second and third home mortgages.

If your home’s value is less than what you owe on your first mortgage, you might be able to eliminate your second and third mortgages and/or home equity loans.

Restructuring past due amounts on home mortgages.

With proper planning, you might be able to protect your home against foreclosure by making payments on past due amounts more manageable over the course of several years.

Restructuring car payments.

Many people owe considerably more on their car than what it is actually worth. If you purchased your vehicle more than 910 days before filing for Chapter 13 bankruptcy, it may be possible to save thousands of dollars by repaying only the vehicle’s fair market value, not the full amount owed on it. In addition, the interest rate paid to the vehicle’s lenders can be lowered through a Chapter 13 Plan, thanks to the In re Till case.

Contact our Arizona Chapter 13 bankruptcy lawyers to learn if filing Chapter 13 is the best choice for your particular situation. If so, we will handle every aspect of the process efficiently and with the personal attention you deserve.

Bankruptcy Blog

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