Articles from Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney

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“The Dog Eat My Homework” Argument by Chapter 13 Debtor

Submitted by Anonymous (not verified) on Sun, 02/24/2019 - 03:38

Debtor failed to do almost everything the law, rules and court requires of a chapter 13 debtor.

“The Dog Ate My Computer” Argument by Chapter 13 Debtor

Submitted by Anonymous (not verified) on Sun, 02/24/2019 - 03:38

Chapter 13 Debtor failed to follow the law, rules and court orders

Navient & FedLoan Mismanagement of Student Loans

Submitted by Anonymous (not verified) on Thu, 02/21/2019 - 00:05

Audit of Student Loan Servicers Indicates Years of Errors
student loan servicer

Do I Have to Pay Taxes if I File Bankruptcy?

Submitted by Anonymous (not verified) on Sun, 02/17/2019 - 23:27

Do I have to pay taxes if I file bankruptcy?
What is forgiveness of debt income?
When you owe money and do not pay the full amount of the debt the lender is required to file a 1099 form with the IRS showing that you had phantom income in the amount the creditor forgave.  This is referred to as ‘forgiveness of debt’.
Exceptions to forgiveness of debt:

Do I Have to Pay a Judgment Before Selling My Home?

Submitted by Anonymous (not verified) on Sun, 02/17/2019 - 20:44

At least once or twice a week someone asks if they have to pay a judgment when trying to sell their home.
The answer is probably ‘no’, but depends on certain facts.  It depends on the law of the state where the judgment debtor lives.  It also depends on the type of assets the judgment debtor has – exempt versus non-exempt.
I want to sell my home but the title company says I have to pay a judgment.

Scams Targeting Your Social Security Number

Submitted by Anonymous (not verified) on Wed, 02/06/2019 - 00:03

Scams Targeting Your Social Security Number
The following is a warning from the Federal Trade Commission:
Good afternoon,
Today, the Bureau’s Office for Older Americans is forwarding an email about scams targeting your Social Security number. The email was sent by Jennifer Leach, Acting Associate Director, Division of Consumer and Business Education, Federal Trade Commission.

Wells Fargo Rips Off Students

Submitted by Anonymous (not verified) on Sun, 01/20/2019 - 00:04

CFPB Report Shows Wells Fargo Charged Students Three Times More than Other Banks
Wells FargoWells Fargo in trouble again, again, and again

FILING BANKRUPTCY WHILE IN A DIVORCE CAN BE A TRAP

Submitted by Anonymous (not verified) on Fri, 12/21/2018 - 00:55

FILING BANKRUPTCY WHILE IN A DIVORCE CAN BE A TRAP
divorce and bankruptcyLost? Never guess at which way to go because there could be hungry lions waiting around the corner.

Thieves Steal Identity and Money – IRS warning

Submitted by Anonymous (not verified) on Fri, 12/07/2018 - 18:50

IRS Tax Tip 2018-186
Don’t take the bait: Here’s how taxpayers can avoid getting caught by a phishing scam
Data thieves don’t take a break during the holidays. In fact, the IRS warns taxpayers that the agency is seeing a large increase in bogus email schemes that seek to steal money or tax data.

Document Preparers or Paralegals Ripping Off Consumers

Submitted by Anonymous (not verified) on Thu, 11/29/2018 - 01:17

November 2018: The Arizona Supreme Court established a committee to review the current process authorizing documents preparers to do certain work normally done by attorneys.  Administrative Order 2018-111
The following is part of a discussion by fellow attorneys who describe some very expensive mistakes created by document preparers or paralegals (the Arizona Supreme Court does not allow them to call themselves paralegals).

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