Thursday, May 8, 2014

Can filing a Bankruptcy Provide You with Leverage to Deal with Tax Debt?

Tax debt can create a large financial impact on people’s lives.  While you may be able to settle tax debt with the IRS, many times people do not have the cash to make a lump-sum settlement.  When the IRS sets-up a payment plan, those plans can take years to complete, with interest accruing on the entire balance owed until paid off.  Hiring a Phoenix Bankruptcy Attorney to help you file a Chapter 7 or Chapter 13 bankruptcy can provide you with the necessary tools to take control of your tax debt, and in some cases, completely eliminate the debt owed with no additional payments to the taxing authority. 

Even if the IRS or state of Arizona is about to levy your wages or bank accounts, or if they have started a levy, the automatic stay of 11 U.S.C. §362 will stop the taxing authority from continued collection activity in most cases. 

Many people, including tax professionals, fail to realize the potential for tax elimination that a bankruptcy provides.  Even if you cannot completely eliminate a tax debt, you can, in most cases, manage the amount of payment to be made on a monthly basis, eliminate penalties owed, and stop the accrual of interest through a Chapter 13 filing. Even if the taxing authority has a lien, a Chapter 13 bankruptcy can help reduce the amount owed through a plan of reorganization, and in the end, you will be free from all dischargeable debt. 

When you are dealing with a tax debt, it is important that you hire an experienced Phoenix Bankruptcy Attorney to protect your rights under the bankruptcy laws. I offer free initial consultations by phone, or in person, to help guide you toward a successful resolution of your financial problems.  Call to schedule a free consultation.  You have nothing to lose but your debt.

This blog article was created by Larry P. Karandreas, Esq., a Phoenix Bankruptcy Attorney, on behalf of the Law Offices of Larry P. Karandreas, P.L.L.C., A Lawyer Who Cares™, which concentrates its practice of law to Chapter 7 and Chapter 13 Bankruptcy, and in Debt Negotiation. If you live in or near Phoenix, Glendale, Surprise, Peoria or the Scottsdale, Arizona areas and want legal advice or help - please visit the firm website for more information or call the firm directly at 623.487.1670 to schedule a free consultation. You really have nothing to lose but your debt.

Monday, April 28, 2014

Is a Cheap Phoenix Bankruptcy Attorney Worth the Price?

Type in the words “Phoenix Bankruptcy Attorney” in your favorite search engine and you will find a plethora of paid ad listings using terms such as “cheap” or “low fees” in order to entice you to click.  Sometimes you may even see listings showing actual fee quotes to file a Chapter 7 Bankruptcy such as “$500.00,"  “$699.00" or even “$0.00 down to file” (the “$0.00 down to file is a whole different animal and will be the subject of a another blog article).  While you may not need to spend Cadillac prices for the use of a Phoenix Bankruptcy Attorney, is paying Yugo prices really worth the risk?  In my opinion, the answer is an emphatic “NO.” 

In theory, as well as in practice, the average Chapter 7 Bankruptcy should take at least five hours of attorney time to complete your bankruptcy preparation and meeting of creditors.  The representation should include: an initial meeting and consultation with a client, document review and legal analysis, client counseling, creditor contact, a signing appointment to go over all documents to be signed and filed, as well as attendance at the meeting of creditors and communications with your chapter 7 trustee.  When these $500.00 or $699.00 law firms file 50 to 100 cases a month, the question that begs to be answered is how can a law firm commit to the hours necessary to complete a client’s case and still remain in business?  The answer is simple, you increase your client base and reduce the amount of time you spend with that client base and become a “mill” firm.

In a recent case out of a Texas Bankruptcy Court, In re Bradley,  the bankruptcy court defined a “mill” firm as “a firm whose business model is dependant upon bringing a large volume of consumer debtor clients while simultaneously minimizing expenses by having as few attorneys possible, who are paid extremely low salaries.”  In re Bradley, at footnote 33.  Simply put, the only way a law firm can charge you $500.00 or $699.00 to file your Chapter 7 Bankruptcy and stay in business is to pay the least amount that it can to its attorneys and spend the least amount of time on a client’s case, or in the case of a solo lawyer mill firm, spend the least amount of time on your case.  The question you have to ask yourself is why hire a lawyer who does not want to spend the time necessary to guide you through the bankruptcy process?

Filing a bankruptcy is not an easy task for the inexperienced.  Protecting your bankruptcy rights takes experience, knowledge, dedication and time, time that the so-called mill firms cannot afford to devote.  When all that you own is at issue, when your ability to properly eliminate your debt is at risk, hiring a lawyer whose main concern is volume and less time spent on your case in order to maximize his/her profitability is a problem waiting to happen. 

There are several so-called mill firms in Arizona who are still in business, and for some people, people who literally have nothing to lose, these mill firms are a risk that they are willing to take.  For the rest of you, take the time to find an Experienced Phoenix Bankruptcy Attorney who will, for a fair price, spend the necessary time to make sure your bankruptcy is filed correctly.  You may not need to find a “Cadillac” attorney to prepare your case, but a reasonably priced attorney, who will spend the necessary time you deserve, will make sure that you arrive at your ultimate destination, a fresh start.

This blog article was created by Larry P. Karandreas, Esq., a Phoenix Bankruptcy Attorney, on behalf of the Law Offices of Larry P. Karandreas, P.L.L.C., A Lawyer Who Cares™, which concentrates its practice of law to Chapter 7 and Chapter 13 Bankruptcy, and in Debt Negotiation. If you live in or near Phoenix, Glendale, Surprise, Peoria or the Scottsdale, Arizona areas and want legal advice or help - please visit the firm website for more information or call the firm directly at 623.487.1670 to schedule a free consultation. You really have nothing to lose but your debt.

Tuesday, April 22, 2014

Can hiring a Bankruptcy Attorney in Phoenix, Arizona Stop the IRS?

When you file a Chapter 7 or Chapter 13 Bankruptcy, the automatic stay of 11 U.S.C.§362 will stop collection activity, including collection activity conducted by the IRS and the State, in most, if not all cases.  To make sure that your rights are protected, proper legal representation is a key to success.
While the automatic stay is a powerful statute, there have been instances where revenue agents of the IRS have not fully complied with bankruptcy laws.  In a recent report conducted by the treasury inspector (you can find the report here), it was revealed that even with the automatic stay, the IRS, in some instances, continued its collection activities and failed to fully comply with the automatic stay.  Debtors, with proper legal representation, were more likely able to protect their rights under bankruptcy law and stop the IRS.   Those who were unrepresented may have had a more difficult time protecting themselves.
To ensure that you have a successful bankruptcy filing it is important that you hire an experienced Phoenix bankruptcy attorney to protect your rights under the bankruptcy laws. I offer free initial consultations by phone or in person to help guide you toward a successful resolution of your financial problems.  Call to schedule a free consultation.  You have nothing to lose but your debt.
This blog article was created by Larry P. Karandreas, Esq., a Phoenix Bankruptcy Attorney, on behalf of the Law Offices of Larry P. Karandreas, P.L.L.C., A Lawyer Who Cares™, which concentrates its practice of law to Chapter 7 and Chapter 13 Bankruptcy, and in Debt Negotiation. If you live in or near Phoenix, Glendale, Surprise, Peoria or the Scottsdale, Arizona areas and want legal advice or help - please visit the firm website for more information or call the firm directly at 623.487.1670 to schedule a free consultation. You really have nothing to lose but your debt.

Wednesday, February 5, 2014

Medical Debt Collection Can Be Stopped By Filing a Bankruptcy (Phoenix, Arizona)

For the past 22 years, I have noticed that a major cause of my clients’ filing for bankruptcy relief are medical issues and debt related to their medical care.  If you have large medical debt or are  being sued or garnished for medical debt, filing a bankruptcy will stop medical collections in its tracks. 

When you file a bankruptcy, the automatic stay created by your filing prevents all further collection efforts from medical creditors.  Whether you file a Chapter 7 or a Chapter 13 bankruptcy, the automatic stay protects you from your medical debt. 

If you qualify for a Chapter 7 bankruptcy, medical debt will be eliminated/discharged once you complete the bankruptcy process.  Chapter 7 cases are usually filed by people who are below median income (or pass the Means Test) and who have little or no unprotected (nonexempt) property. 

In a Chapter 13 bankruptcy filing, you also eliminate debt, including medical debt, after making payments based on a plan of reorganization, with payments based on your ability to pay.  Clients who file a Chapter 13 bankruptcy include people who are able to pay a portion of their outstanding debt over time.  Even if you have filed a previous Chapter 7 bankruptcy, you may qualify for a Chapter 13 filing

An added benefit of a Chapter 13 bankruptcy is that unlike in a Chapter 7 bankruptcy, a Chapter 13 filing will allow you to keep unprotected (nonexempt) property by making payments through your Chapter 13 plan.

Whether you file a Chapter 7 or Chapter 13 bankruptcy, it is important that you seek competent advice from an experienced bankruptcy attorney.  My office offers free in-person or telephone consultations.  You have nothing to lose, but your debt. 

This blog article was created by Larry P. Karandreas, Esq., on behalf of the Law Offices of Larry P. Karandreas, P.L.L.C., A Lawyer Who Cares™, which concentrates its practice of law to Chapter 7 and Chapter 13 Bankruptcy, and in Debt Negotiation. If you live in or near Phoenix, Glendale, Surprise, Peoria or the Scottsdale, Arizona area and want legal advice or help - please visit the firm website for more information or call the firm directly at 623.487.1670 to schedule a free telephonic consultation. You really have nothing to lose but your debt.