credit card bankruptcy debt attorney

Anthony W. Clark, Attorney and Counselor - Phoenix Bankruptcy Lawyer Since 1994

(602) 266-1212 |(480) 827-0777 | (855) 512-0777

Phoenix Mesa Glendale Gilbert Arizona - Click to Call - iPhone® and Android™

How to Prepare for Pre-Bankruptcy Evaluation

Keep financial records available

You don't have to have any paperwork when you call for your free initial consultation with an experienced bankruptcy expert. But you will eventually need Tax returns, pay stubs and bank statements when we file a bankruptcy case.

Do I have to be current on mortgage payments to file bankruptcy?

No, if you are behind on mortgage payments you can still file bankruptcy. It doesn't matter if you are not behind on any payments either. If you want to keep the home, paying your mortgage is the best approach. But if you are filing a bankruptcy case, there will be options for dealing with your mortgage after the bankruptcy case is filed.

Read your mail

Important legal information comes in the mail from the US Postal Service. Filing bankruptcy means you will be receiving important mail about your rights and responsibilities. Avoiding your mail means you will not be fully informed about the bankruptcy process.

Take every opportunity to earn as much as you can and maximize your income

Even if you are going to file bankruptcy, there is no good reason to miss a chance to increase your earnings. More income means you will be able to pay your essential expenses and legal costs while you go through bankruptcy. Income increases your bankruptcy options and might effect your choices, but you cannot earn too much to file bankruptcy.

Mistakes to Avoid If You Are Declaring Bankruptcy

Don't choose a bankruptcy attorney based on bargain basement fee offers or misleading "zero down" bait-and-switch gimmicks.

Anthony Clark and Associates is one of a very few offices that offers real $0 down Chapter 13 where you can qualify to pay just your filing fee and have bankruptcy protection within minutes. Surely you know by now, cheapest is not the same as best and sometimes it might be downright awful. Your bankruptcy lawyers have your financial future in their hands. Remember, you're making life-altering decision that will effect you for years, not buying furniture at a going-out-of-business sale.

According to the State Bar of Arizona, there are over 800 lawyers who call themselves bankruptcy lawyers in Arizona, and it seems like better than half those lawyers advertising for bankruptcy service graduated from law school in the past five or ten years and have handled relatively few cases. Even with little or no experience in bankruptcy, they know how the bad economy has left many consumers over-obligated, underpaid or unemployed, driving up the demand, and the price, for bankruptcy protection. Some of those hundreds of ambitious young lawyers have student loans to pay and large advertising bills, so they are eager to take bankruptcy cases, even if they aren't necessarily well qualified to handle them. Most of them know where Bankruptcy Court is and roughly how Chapter 7 works and that's enough to keep them out of trouble. But not enough to get you the best result available under the law.

Bankruptcy is complicated. You need a bankruptcy lawyer who knows the complex new bankruptcy rules and recent changes in bankruptcy law, not just how soon can a Chapter 7 bankruptcy case be finished. The decisions to file a bankruptcy case and what kind of bankruptcy to file should not be easy decisions, and it shouldn't be based on the fees involved. It's not like haggling over a used car. You’re taking a legal step that can change your life for better if you know what you're doing or for worse if you don't get good advice. Choose your bankruptcy attorney based on expertise and knowledge and choose with confidence. If your bankruptcy lawyer explains just one option for you in bankruptcy, you really need a second opinion. In fact, bankruptcy lawyers are required to tell you about all procedures available to you. The good news is, we will evaluate your case and advise you ABSOLUTELY FREE !

Don't repay friends and family

The Court can take back Payments to friends and family (insiders) during the year prior to filing bankruptcy. You can always pay them later, after the bankruptcy is over.

Don't give away money or property

The Bankruptcy Trustee can take back gifts you make during the year prior to filing, turn them into cash and distribute the money to creditors. Be sure to tell your bankruptcy attorney about any payments and gifts you made during the year before filing bankruptcy to avoid any surprises.

Don't write checks that won't clear your bank

Writing a check to pay for goods or services when there is no money in the account can actually land you in jail, and the debt might not be discharged in bankruptcy. Better to consult a qualified bankruptcy lawyer before getting yourself into more trouble.

Don't give exaggerated or false financial information to obtain credit

You might not be able to eliminate Debts that you incur by fraud in bankruptcy and false information in a loan application might subject you to criminal prosecution. If you might have made some mistakes on a credit application, be sure and mention it to your bankruptcy attorney to prevent any misunderstandings that might be avoided.

Don't transfer property to others

Simply putting property in someone else's name prior to filing bankruptcy does not protect the property and the Bankruptcy Court might consider that an attempt to "defraud, hinder or delay" creditors, which can make you ineligible for bankruptcy. If you are thinking you should "put it in someone else's name", there are other options for protecting property in bankruptcy that will allow you to keep all property and still get you out of debt. Consult an experienced, knowledgeable bankruptcy attorney to get answers.

Don't take additional loans before bankruptcy

Don't take out a second mortgage or home equity loan, or high-interest, short-term loans, like payday loans, title loans or pawn loans. Debts you accrue just before filing bankruptcy might not be eliminated. And high interest debts drain all your available funds making it difficult to survive and pay the costs of declaring bankruptcy. Consult a qualified bankruptcy attorney instead of incurring emergency debt and you might find a more rewarding solution.

Don't wait until the last minute to act

If you file bankruptcy before creditors take action, you can prevent repossession, stop garnishment and avoid foreclosure. But if you wait too long, you might not be able to reverse some collection actions like foreclosure and repossession. Protecting certain rights in bankruptcy is time-sensitive. Call today for a free 30-minute telephonic evaluation to learn how a bankruptcy filing can protect your house and car and help you reorganize debts and control debt collection.

If any of the following happens to you, it's time to call our bankruptcy lawyers for free legal advice:

  • car got repossessed
  • lawsuit papers got served at home or at work
  • you receive notice of foreclosure, trustee sale, sheriff's sale or public auction
  • you won't answer the phone because of harassing collection calls
  • you use a credit card to pay for necessities like food or utilities or to pay other debts.


(602) 266-1212 |(480) 827-0777 | (855) 512-0777

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Copyright © 2021 Anthony Clark and Associates, PLLC

"The Original Clark & Associates Bankruptcy Law Office Serving Arizona Since 1997"

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  • (602) 266-1212
  • (855) 512-0777