U.S. Bankruptcy Court Calendars Search court schedules by case number, names of involved parties, judges or location; U.S. Bankruptcy Court Self Help for Debtors How to file without an attorney, free online videos and walk in centers; Unclaimed Funds Owed to Arizona Creditors Search court records and apply for payment from liquidated assets of. Arizona State Records presents information about criminal records, court records, vital records, and 60 million additional public records. The state of Arizona started making public records from as far back as for the state’s 15 counties. Bankruptcy Records. Bankruptcy Records are documents that admit the inability to generate enough revenue. Even though the court where the bankruptcy was filed keeps them, you can also access them online, if you wish to find out to find out abankruptcy case number, date filed, type filed, the disposition of the case and its date.
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A partnership, corporation or any other organization are required to have an attorney. There are 90 federal judicial district courts across the United States.
Each district court has a specific bankrupcty court which handles the filing originating in its jurisdicition. See below for specific court information for Pinal County. This is the simplest and fastest form of bankruptcy. Chapter 13 bankruptcy allows an individual to maintain their posessions and assets, and sets up a payment plan to repay their debt back over a year period.
A recurring source of income is required to setup a plan to pay back part or all of their debts. Chapter 13 allows one to keep their posessions or assets, while Chapter 7 liquidates all of their non-exempt posessions or assets. A key feature of a bankruptcy filing is an automatic stay.
An automatic stay immediately occurs when bankruptcy is filed. The automatic stay will stop utility shut offs, debt collections, foreclosures, evictions, garnishments, attachments, reposessions and most lawsuits. A bankruptcy trustee is a court appointed representative of the bankruptcy estate and can exercise certain statuatory powers for the benefit of the unsecured debtors. A trustee can be a private individual or corporation in Chapter 7, 12, and 13 cases, in addition some Chapter 11 cases can also have a bankruptcy trustee.
The trustee is also able to bring actions against both the creditor or debtor in a bankruptcy filing in order to recover property of the estate. A bankruptcy discharge removes the obligation and liability from the debtor for certain debts. The debtor can no longer be held responsible to repay the debts that were discharged in a bankruptcy.
This is a permanent and the creditor can no longer pursue the debtor for repayment of any kind. It is illegal for the creditor to pursue any form of collection action against the debtor for a discharged debt including written correspondence or phone calls.
A discharge removes personal liability, but any liens that were not voided in the bankruptcy remain valid. For Chapter 7 cases, a discharge may take place in as little as 4 months from the filing of the bankruptcy petition. For Chapter 12 and 13 cases, the discharge only takes place AFTER all re-payments have been made to fulfill the payment plan outlined in the bankruptcy case.
This is normally in years. If their income is less than the state median income, they can file for Chapter 7 bankruptcy. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income. Bankruptcy rules and procedures are written in Title 11 of the United States Code, these are referred to as the Federal Rules of Bankruptcy. Most of the bankruptcy process is administrative.
For Chapters 7, 12, and 13 the bankruptcy trustee performs most of these administrative activities. Potential individual bankruptcy filers must complete a credit counseling class and receive a certificate prior to actually filing for bankruptcy. This can be done online in about an hour. There are certain exemptions to the assets that the Debtor is entitled to keep.
In general, there are little to no assets that the Debtor has to liquidate, so the Creditors will not receive anything under this type of bankruptcy filing. In most circumstances, the Debtor is an individual and will receive a discharge that releases them from the liability of the debts. It usually takes a few months from the initial filing to the receiving of the discharge.
Chapter 13 is designed for a Debtor who has a regular source of income. In making its decision, the court looks to the requirements for determination under the U. Bankruptcy Code. The federal courts have 90 different judicial district across the states and U.
Each district court has a matching bankruptcy court which handles all the bankruptcy cases arising from that jurisdiction. If your residence is in Maricopa County or the principal place of your business is in Maricopa County, you can file your case in District of Arizona Bankruptcy Court. Because District of Arizona is a federal bankruptcy court, it has a limited jurisdiction of bankruptcy cases arising out of the above Counties.
A regular case for breach of contract or tort action needs to be filed in the appropriate Arizona State Court or District of Arizona Court. Chapter 7 is the most simple and quickest form of bankruptcy. Chapter 13 bankruptcy allows an individual to keep all of their possessions or assets, but they must devote a portion of their future income to repay their creditors.
The debtor must have a regular source of income in order to develop a plan to repay all or part of their debts. In Chapter 13 bankruptcy the payback period is between years depending upon the amount of income the individual has. The biggest difference is that the debtor is able to keep all their possessions in a Chapter 13 filing, but must pay back their debt over a year period. Each bankruptcy court has its own court clerk. A court clerk can provide legal information, but not legal advice.
An important part of all bankruptcy filings is what is referred to as an automatic stay. By filing for bankruptcy, an automatic stay is imposed and immediately stops most lawsuits, reposessions, foreclosures, evictions, garnishments, attachments, utility shut-offs, and any debt collection. A discharge in bankruptcy removes the debtor from liability for certain debts ie. The discharge is permanent and prevents the creditor from further pursuing repayment of the debt or contacting the debtor.
Put another way, the Debtor is no longer obligated to pay any debts that are discharged. The bankruptcy discharge is a permanent order. Once granted, the Creditor is prohibited from taking any form of collection action on a discharged debt including written communications or telephone calls with the Debtor.
The discharge removes the Debtor from personal liability, but any valid lien that was not avoided in the bankruptcy case still remains. Under Chapter 12 or 13, the discharge occurs only after all payments under the plan which may be about four years after the bankruptcy petition is initially filed.
The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income. A typical Chapter 7 Debtor will usually not be required to appear in court. The Chapter 7 Debtor will only have to appear in court if an objection is filed. A Chapter 13 Debtor will usually only have to appear before the bankruptcy judge at a plan confirmation hearing. A debtor usually only has to appear at a meeting.
A meeting is a usually held at the office of the U. The meeting is required under Section of the U. Bankruptcy Code and requires a Debtor to attend the meeting so the Creditors can ask the Debtor questions about debts and property. Corporations, Partnerships, or any other association are required to have an attorney. Parties are required to follow the rules and procedures of bankruptcy court whether or not they are represented by an attorney.
These rules are called the Federal Rules of Bankruptcy. Under the rules, the bankruptcy judge has jurisdiction to make all the decisions surrounding the bankruptcy case including eligibility and whether a debtor is entitled to a discharge.