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Debtor v. Bank of America, N.A.; 2:11-ap-01983-VZ

Court Transcript on Summary Judgment Hearing

Debtor's counsel successfully defeated this summary judgment motion brought forth by Bank of America, N.A. and a successive motion in this case. A pretrial conference is scheduled for May 23, 2013. The findings of fact...more

New Chapter 7 Means Testing Figures Effective November 1, 2012

New means test figures make it more difficult to qualify for Chapter 7 bankruptcy....more

Schaffer v. ECMC

Findings of Fact and Conclusions of Law

We recently obtained a judgment discharging more than $57,000.00 in student loans on behalf of our clients through a Chapter 7 Bankruptcy Adversary Proceeding. The conclusions of law are timely for future cases. A medical...more

Financially Adrift and Lost on Long Island

A recent HBO documentary details the impact of the "Great Recession" on Long Island residents....more

CFPB: Next Up, Reverse Mortgages!

In a June 28, 2012 Report to Congress, the Consumer Financial Protection Bureau (the CFPB or the Bureau) published its study of reverse mortgage transactions. This study was required by Section 1076 of the Dodd-Frank Wall...more

Best Time to File Bankruptcy: Before or After Divorce?

Bankruptcy and divorce often coincide. The common question arises: When is the best time to file bankruptcy, before or after the divorce? Filing bankruptcy before divorce is almost always the recommended path. ...more

"F" is for Fresh Start through Bankruptcy

In the bankruptcy world (yes, there is such a place!) the term “fresh start“ is mentioned so often that it can become cliche. However, when you can get past the initial feelings you may have about bankruptcy, the end result...more

Midland Funding, Portfolio Recovery, LVNV Funding. The Debt Buyers and Why You Should Fight

Most people that will read this article have had the unpleasant experience of receiving a knock at the door only to get served with a lawsuit. After the shock subsides as to what just happened, you look at the paperwork and...more

E is for Equity

Equity. It is usually your friend. If you are in bankruptcy, it can be an issue. Simply put, equity is what you actually “own” in your property. For instance, if you have a car that is worth $10,000 and you still owe $6,000...more

How Has the Great Recession Impacted Your Choices?

Because I work as a bankruptcy attorney I have the opportunity to meet a lot of people here in Arizona who have taken a beating during this recession. And while the recession technically ended a while back, many, if not most...more

D is for Debt Free

Debt free. Can you even imagine it? I would dare say that when most people come in to inquire about filing for bankruptcy they aren’t really thinking about the end result of being debt free, but are more focused on stopping...more

C is for Creditor

C is for Creditor By John Skiba, Arizona Bankruptcy Lawyer www.skibalaw.com This one is pretty basic but you may be surprised as to how many people aren’t quite sure what the difference between a creditor and a debtor is....more

Why I am Thankful to be a Bankruptcy Lawyer in Arizona

As a bankruptcy lawyer in Arizona I have come accustomed to the idea that I am a necessary evil in people's lives. The last thing people want to do is file for bankruptcy. The last thing they want to do is meet with me. ...more

How to Beat the System, or, How to Side Step the Bankruptcy Means Test

If you have looked into filing for bankruptcy you have likely come across something known as the Means Test. Back in 2005 Congress amended the laws related to bankruptcy and put in place new laws that they thought would force...more

How to File Bankruptcy in About an Hour

Lately I have had quite a few people come in lately who need to file for bankruptcy and need to file it RIGHT NOW! The typical things that usually require a person to file bankruptcy quickly are garnishments, foreclosures,...more

Can I File My Own Bankruptcy in Phoenix? Just Say No.

Recently the court released information on the number of people who represent themselves in bankruptcy. Arizona ranked third overall in number of "pro se" bankruptcy filers. In fact, in Arizona, a full 20% of bankruptcy...more

Bankruptcy Process in Arizona Part 2: What to Expect After Your Case is Filed

This is the second installment in a three part series of the bankruptcy process in Arizona. In the first article I discussed what to expect prior to your bankruptcy case being filed. In this article I will go over what you...more

Bankruptcy Process in Arizona Part 2: What to Expect After Your Case is Filed

This is the second installment in a three part series of the bankruptcy process in Arizona. In the first article I discussed what to expect prior to your bankruptcy case being filed. In this article I will go over what you...more

Here's a Scary Thought - A World With No Bankruptcy

Happy Halloween! For many bankruptcy is a necessary evil. For creditors, bankruptcy is the devil No one really likes bankruptcy (except maybe bankruptcy lawyers), but imagine a world without it. Without bankruptcy as an...more

Bankruptcy Process in Arizona Part 1: What to Expect Before Filing Your Case

The scary part of bankruptcy is not knowing what to expect. There are a lot of bankruptcy myths out there that cause many people to not seek out bankruptcy help, even though it can really help them out of a tough spot. Having...more

Don't Pay Your Family Members Before Filing Bankruptcy: How to Avoid a Preference

Once the decision to file bankruptcy is made you will no doubt start to put together a game plan, compiling lists on debts, assets, and the like. Then it hits you, you owe your parents, brother, grandparents (insert any...more

Bankruptcy, Dave Ramsey, and the Credit Counseling Requirement

When the bankruptcy code was amended back in 2005 one of the new requirements was that those wishing to file for bankruptcy would need to take a pre-bankruptcy credit counseling course as well as a post-filing financial...more

Change is on the Horizon: Feds Raise Bankruptcy Fees & Make it more Difficult to File Chapter 7 Bankruptcy

Filing bankruptcy just got slightly more expensive and for some in Arizona it will be more difficult to file a Chapter 7 bankruptcy. On November 1st of this year the filing fees for filing a Chapter 7 bankruptcy and Chapter...more

$20,000 in 34 Years! Credit Card Debt, Monthly Minimums, and Chapter 7 Bankruptcy

During my bankruptcy consultations I meet with several families every week that are struggling through financial problems. In almost every situation the main problem is large amounts of credit card debt. As this recession...more

"All Debtors are Compulsive Liars": The Training of a Debt Collector

Recently in Readers Digest online they posted an article on 13 Things a Debt Collector Won't Tell You. The article discusses various techniques and approaches that debt collectors use to try and get money from you. Number one...more