Arizona Exemptions in Bankruptcy
What Property Exemptions in Arizona Bankruptcy?
When contemplating filing for bankruptcy in Phoenix or Arizona, one of the main concerns people face is the fear of losing property and belongings. It simply is a non-truth you are going to lose everything and be left on the street with nothing. This is a common myth about filing for bankruptcy protection.
The U.S. Bankruptcy Code was not written so that people who find themselves in financial difficulty are left with nowhere to turn after bankruptcy. Bankruptcy is intended to give debtors a fresh start, which includes being able to keep certain essential property so that you can stay on your feet.
There are many reasons why people in Arizona may consider filing for bankruptcy protection. Some are faced with high credit card debt, some have skyrocketing medical bills, Divorce, Tax Debt, family law problems, a recent criminal offense or DUI, or loss of job. If you are facing tough financial times and are seeking debt relief in Arizona, please call the debt relief experts at My AZ Lawyers, PLLC. Our Mesa, Arizona based bankruptcy lawyers can assist you in filing for bankruptcy protection. We also provide debt relief assistance for the areas of Phoenix, Tucson, Mesa, Scottsdale, Chandler, Avondale, and Gilbert, Arizona.
When filing bankruptcy in Arizona you are required to list not only all of your debts but all of your assets. The most popular chapter of bankruptcy that is filed is a Chapter 7 Bankruptcy or a “Liquidating Bankruptcy”. In a chapter 7 bankruptcy; if you have non-exempt property there is a real possibility that it could be seized and sold at auction with the money going to your creditors. This does not apply to exempted property in an Arizona Chapter 7 bankruptcy filing.
Bankruptcy numbers in cities in Arizona, such as Gilbert, Avondale, and Phoenix have steadily decreased in the past years. However, things like Zero Down Bankruptcy and $0 Filing bankruptcy filings may lead to an increase in people seeking debt relief throughout Arizona.
However, in Arizona there are laws known as exemptions that protect your property. Most people have heard of the homestead exemption that protects your home, but most are unaware that there are numerous other exemptions in Arizona that protect everything from your car to your bible to your shotgun.
Property that you are paying back is not taken at all in a Chapter 13 bankruptcy filing as you are paying back your debt over time. In an Arizona Chapter 7 bankruptcy filing a person’s nonexempt property is sold and the funds are distributed to your creditors to satisfy your debt. However, you can keep your exempt property in a Chapter 7 bankruptcy filing.
Understanding Bankruptcy in Arizona
Set a Free Consultation Today
To get a better understanding of filing for bankruptcy protection, the differences between Chapter 7 and Chapter 13 bankruptcy, and what things might be exempted while filing for bankruptcy, contact Arizona bankruptcy lawyer Morgan McCain for a free consultation. Call (480) 263-1699 and get yourself on the road to a “Fresh Start” right away.
A Phoenix Chapter 7 bankruptcy is also known as a liquidation bankruptcy while a Phoenix chapter 13 bankruptcy is often referred to as a repayment bankruptcy.
