If you’re considering filing bankruptcy in Chandler, AZ, you’ll need to understand the types, costs, as well as some helpful advice to finding good attorneys.

Am I Qualified for Bankruptcy?

Filing for bankruptcy is a legal process that provides individuals and businesses with financial relief when they are unable to repay their debts. The qualifications for filing bankruptcy in Chandler, AZ, are governed by federal bankruptcy laws, specifically under Chapter 7 and Chapter 13 bankruptcy. These laws are generally consistent across the United States, but there are some specific details that may vary depending on your location and circumstances.

1. Residency and Venue: To file for bankruptcy in Chandler, AZ, you typically need to meet residency requirements. Generally, you must have lived in Arizona for at least 91 days before filing your bankruptcy petition. Additionally, Chandler falls within the jurisdiction of the U.S. Bankruptcy Court for the District of Arizona, so you must file your bankruptcy case with this specific court.
2. Credit Counseling Requirement: Before filing for bankruptcy, individuals must complete a credit counseling course from an approved agency within 180 days prior to filing. This requirement is designed to ensure that individuals explore alternatives to bankruptcy and understand the financial implications of filing.
3. Means Test for Chapter 7 Bankruptcy: Chapter 7 bankruptcy is a liquidation bankruptcy that allows individuals to discharge certain unsecured debts, such as credit card debt and medical bills. However, not everyone qualifies for Chapter 7. To be eligible, you must pass a means test, which compares your income to the median income in Arizona for a household of your size. If your income is below the median, you are typically eligible for Chapter 7. If your income is above the median, you may still qualify based on your disposable income after deducting allowable expenses.
4. Chapter 13 Repayment Plan: Chapter 13 bankruptcy, often referred to as a reorganization bankruptcy, is an option for individuals with a regular income who want to repay their debts over time. To file for Chapter 13 bankruptcy, you must have enough disposable income to fund a court-approved repayment plan. This plan typically lasts three to five years.
5. Debt Amounts: There are no specific debt amount limitations to file for bankruptcy in Chandler, AZ. However, it’s important to note that Chapter 13 bankruptcy is often chosen by individuals with higher levels of debt, while Chapter 7 is typically for those with lower income and fewer assets.
6. Previous Bankruptcy Filings: If you have previously filed for bankruptcy, the timing of your current filing may impact your eligibility for certain bankruptcy chapters. For example, if you previously filed for Chapter 7 bankruptcy and received a discharge, you must wait eight years before filing another Chapter 7 case. If you previously filed for Chapter 13 bankruptcy and received a discharge, you may need to wait two years to file another Chapter 13 case.
7. Completion of Mandatory Financial Management Course: After filing for bankruptcy, individuals are required to complete a financial management course from an approved provider. This course is separate from the pre-filing credit counseling requirement and is designed to help you manage your finances more effectively in the future.

It’s important to understand that bankruptcy laws and requirements can be complex, and eligibility may depend on the specific details of your financial situation. Therefore, consulting with a qualified bankruptcy attorney in Chandler, AZ, is highly recommended. An attorney can assess your circumstances, guide you through the process, and help you determine the most appropriate bankruptcy chapter for your situation.

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Do You Need a Lawyer to File For Bankruptcy in Chandler, AZ?

Filing for bankruptcy in Chandler, AZ, is a legal process that can be complex and filled with paperwork, deadlines, and legal requirements. While it is not an absolute requirement to have a lawyer to file for bankruptcy, there are several important reasons why seeking the assistance of an experienced bankruptcy attorney is highly advisable.

1. Navigating Complex Legal Procedures: Bankruptcy law is intricate and filled with rules and regulations. Filing for bankruptcy involves a series of forms, documents, and court appearances. An attorney who specializes in bankruptcy law can guide you through this process, ensuring that you meet all the necessary requirements and deadlines.
2. Determining the Right Chapter: There are different chapters of bankruptcy, such as Chapter 7 and Chapter 13, each with its own eligibility criteria and advantages. A bankruptcy attorney can help you assess your financial situation and determine which chapter is most appropriate for your specific needs. Making the wrong choice could result in unnecessary financial hardships.
3. Protecting Your Assets: In bankruptcy, certain assets may be exempt from liquidation, allowing you to keep them. A bankruptcy attorney can help you maximize your exemptions, protecting your property and assets to the fullest extent allowed by law.
4. Debt Discharge: An attorney can help ensure that all eligible debts are included in your bankruptcy filing. This is crucial because debts not listed may not be discharged, and you could still be responsible for them after your bankruptcy case is closed.
5. Dealing with Creditors: Once you file for bankruptcy, creditors are legally required to stop most collection actions, including harassing phone calls and wage garnishments. However, having an attorney can help you handle any creditor disputes or violations, ensuring that your rights are protected.
6. Completing Required Courses: Bankruptcy law mandates credit counseling and financial management courses. An attorney can help you find approved course providers and ensure that you meet these mandatory requirements.
7. Avoiding Mistakes: Filling out bankruptcy forms incorrectly or missing important details can lead to delays or even the dismissal of your case. A bankruptcy attorney can help you avoid costly mistakes and streamline the process.
8. Court Representation: If your case requires court appearances or hearings, an attorney can represent you and advocate for your interests. They understand the legal procedures and can present your case effectively.
9. Long-Term Financial Planning: Bankruptcy is not just about immediate debt relief; it’s also about building a better financial future. A bankruptcy attorney can provide valuable guidance on rebuilding your credit, managing your finances, and making sound financial decisions post-bankruptcy.
10. Complex Situations: If your bankruptcy case involves complexities like business debts, tax issues, or divorce-related debts, an attorney’s expertise becomes even more critical. They can navigate these complexities to achieve the best possible outcome for you.

However, if you are facing a straightforward Chapter 7 bankruptcy case with minimal assets and income, and you are comfortable navigating the legal process on your own, you may choose to proceed without an attorney, commonly referred to as “pro se” filing. Keep in mind that even in such cases, consulting with an attorney for a legal assessment can be helpful.

Cost to File Chapter 7 Bankruptcy in Chandler, AZ

The cost to file Chapter 7 bankruptcy in Chandler, AZ, includes various fees and expenses that individuals must pay when initiating the bankruptcy process. It’s essential to understand these costs to prepare financially for filing under Chapter 7.

1. Filing Fee: The primary expense associated with filing Chapter 7 bankruptcy is the filing fee, which is payable to the U.S. Bankruptcy Court. It’s important to note that fees can change over time due to inflation and adjustments by the court.
2. Credit Counseling Fee: Before filing for bankruptcy, individuals are required to complete a credit counseling course from an approved agency. This typically costs around $25 to $60. Keep in mind that some agencies may offer fee waivers or reduced rates based on your financial circumstances.
3. Bankruptcy Attorney Fees: While not a mandatory cost, many individuals choose to hire a bankruptcy attorney to guide them through the process. Attorney fees can vary widely depending on the complexity of your case and the attorney’s experience. On average, Chapter 7 attorney fees in Chandler, AZ, may range from $1,250 to $2,800 or more. It’s essential to discuss fees upfront with your chosen attorney and inquire about payment plans if needed.
4. Credit Report and Miscellaneous Costs: You may need to obtain a copy of your credit report to ensure that all your debts are accurately listed in your bankruptcy filing. The cost for obtaining a credit report is typically minimal, around $13 to $25. Additionally, there may be small miscellaneous costs associated with document photocopying, postage, and other administrative expenses.
5. Mandatory Financial Management Course: After filing for bankruptcy, individuals are required to complete a financial management course from an approved provider. The cost for this course is typically around $58 to $118.
6. Additional Costs: In some cases, there may be additional costs related to specific circumstances, such as reaffirmation agreements (if you want to keep certain secured debts like a car loan) or motions to convert your case from Chapter 7 to Chapter 13.

Before filing for Chapter 7 bankruptcy in Chandler, AZ, it’s advisable to consult with a bankruptcy attorney. An attorney can provide a more accurate estimate of the total costs involved in your specific case, help you understand your options, and guide you through the process.

Cost to File Chapter 11 Bankruptcy in Chandler, AZ

The cost to file Chapter 11 bankruptcy in Chandler, AZ, can be substantial due to the complexity and scope of this bankruptcy chapter, which is primarily designed for businesses and individuals with significant debts and complex financial situations. Chapter 11 is a reorganization bankruptcy that allows debtors to develop a plan to restructure their debts and continue their operations. Here are the key expenses involved:

1. Filing Fee: The filing fee for a Chapter 11 bankruptcy case is $1,970. However, it’s crucial to note that fees can change over time due to inflation and adjustments by the court. Therefore, it’s advisable to check with the U.S. Bankruptcy Court for the District of Arizona or consult with an attorney for the most current fee information.
2. Attorney Fees: Chapter 11 cases are highly complex and require the expertise of an experienced bankruptcy attorney. Attorney fees for Chapter 11 bankruptcy can vary significantly depending on the complexity of the case and the amount of work involved. These fees can range from tens of thousands to hundreds of thousands of dollars. Attorneys often charge hourly rates, but some may offer flat fees or a combination of both.
3. Creditors’ Committee Fees: In many Chapter 11 cases, a committee of unsecured creditors is formed to represent the interests of the creditors during the bankruptcy process. The debtor is typically responsible for paying the reasonable fees and expenses of this committee, which can add to the overall cost.
4. Professional Fees: In complex Chapter 11 cases, debtors may need to hire other professionals, such as financial advisors, accountants, or appraisers, to assist with the development of the reorganization plan. These professionals charge fees for their services, which can be substantial.
5. Court-Appointed Examiner or Trustee Fees: In some cases, the court may appoint an examiner or trustee to oversee the bankruptcy proceedings, especially if there are concerns about mismanagement or fraud. The fees for these court-appointed individuals are typically paid by the debtor’s estate.
6. Filing and Administrative Costs: Chapter 11 cases often involve extensive administrative costs related to court filings, document preparation, and other administrative tasks. These costs can accumulate throughout the bankruptcy process.
7. Post-Petition Financing Costs: If the debtor secures post-petition financing (also known as debtor-in-possession financing) to fund its operations during the bankruptcy, there may be fees and interest associated with this financing.

Before proceeding with a Chapter 11 bankruptcy in Chandler, AZ, it’s essential to consult with an experienced bankruptcy attorney who can assess your specific circumstances, provide a more accurate estimate of the costs involved, and help you develop a strategy for managing these expenses. Bankruptcy professionals can also explore options for fee payment plans and financing arrangements to make the process more manageable for debtors seeking to reorganize their financial affairs.

Cost to File Chapter 13 Bankruptcy in Chandler, AZ

The cost to file Chapter 13 bankruptcy in Chandler, AZ, involves several fees and expenses that individuals must be aware of when considering this bankruptcy chapter, which is designed for individuals with regular income seeking to create a manageable debt repayment plan. Here are the primary expenses associated with filing Chapter 13 bankruptcy:

1. Filing Fee: The filing fee for a Chapter 13 bankruptcy case is $370. However, it’s essential to note that these fees can change over time due to inflation and adjustments by the court. It’s advisable to check with the U.S. Bankruptcy Court for the District of Arizona or consult with an attorney for the most current fee information.
2. Attorney Fees: While it’s possible to file for Chapter 13 bankruptcy pro se (without an attorney), most individuals choose to hire a bankruptcy attorney to navigate the complex process successfully. Attorney fees for Chapter 13 cases can vary depending on the complexity of your financial situation and the specific services provided. On average, attorney fees for Chapter 13 bankruptcy in Chandler, AZ, may range from $2,870 to $4,670 or more. Attorneys often offer payment plans to help clients manage these costs.
3. Credit Counseling and Financial Management Course Fees: Before filing for bankruptcy, individuals are required to complete a credit counseling course and a financial management course from approved agencies. The combined cost for these courses typically ranges from $60 to $120.
4. Trustee’s Fee: In a Chapter 13 case, a bankruptcy trustee is responsible for overseeing the repayment plan and distributing payments to creditors. The trustee’s fee is calculated as a percentage of the payments made under your Chapter 13 plan. This fee is typically reasonable and is part of the overall plan payments.
5. Filing and Administrative Costs: There may be additional administrative costs related to court filings, document preparation, and other administrative tasks throughout the Chapter 13 bankruptcy process. These costs are relatively minor compared to the other expenses involved.
6. Mandatory Plan Payments: Chapter 13 bankruptcy requires the debtor to make regular monthly payments to the trustee as part of the repayment plan. The amount of these payments is determined by the debtor’s disposable income, the value of non-exempt assets, and the nature of the debts being repaid. The total plan payments can vary widely based on individual circumstances.
7. Amendment or Modification Fees: If changes are needed to your repayment plan during the course of your Chapter 13 bankruptcy, there may be additional court fees associated with amending or modifying the plan.

It’s important to remember that Chapter 13 bankruptcy allows individuals to create a manageable repayment plan for their debts, which can provide significant relief and a structured path to financial recovery. The costs associated with Chapter 13 bankruptcy can be spread out over the duration of the repayment plan, making it a more feasible option for many individuals.

Reliable Bankruptcy Attorneys in Chandler, AZ

Below is a list of reputable bankruptcy attorneys in Chandler, AZ. They can help you with both personal and business bankruptcy information.

Neeley Law
1120 S Dobson Rd Suite 230, Chandler, AZ 85286, United States

Asheton B. Call, Attorney at Law
2950 N Dobson Rd #6, Chandler, AZ 85224, United States

Moak Law Firm PLLC
Moak Law Firm PLLC

Law Office of James J. Gentile, PC
1820 E Ray Rd Suite A103, Chandler, AZ 85225, United States

Brown and Associates, PLLC
5355 W Chandler Blvd Suite 7, Chandler, AZ 85226, United States

Chandler, AZ Zip Codes We Proudly Serve:

85044, 85224, 85225, 85226, 85233, 85248, 85249, 85283, 85284, 85286, 85295, 85297, 85298

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