Diane Drain

JUNE 19, 2022

RELIGION AND BANKRUPTCY. Bankruptcy has its roots in religion. No one should avoid dealing with debt because of misunderstandings about religious or ethical considerations. It is NOT shameful to seek relief from crushing debt! …Forgive Us Our Debts… by O. Max Gardner, Attorney at Law. Dalton Camp proclaimed several years ago that, “having lost its value, money may no longer be the root of all evil; credit having taken its place.

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Diane Drain

JUNE 19, 2022

Usury – historical references and bankruptcy. USURY can be traced back 4,000 years. It has always been despised, condemned, restricted or banned by moral, ethical, legal or religious entities. The oldest references to usury are found in religious manuscripts of India, dating back to 2000-1400 BC where the ‘usurer’ is associated with any interest lender.

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Law Office Lawyer Lawyers Laws 210

Diane Drain

JUNE 13, 2022

Does God Want You to Be Bankrupt? By RON LIEBER, New York Times, Published: May 1, 2009 (provided here solely for educational purposes). This week, yet another Washington debate over who deserves a break on their debts drew to a close. On Thursday, the Senate voted against allowing judges to adjust the terms of the mortgages of people filing for personal bankruptcy.

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Laws Divorce Court Finance 104

Diane Drain

APRIL 18, 2022

Education Loans Can Be Discharged in Bankruptcy. Busting myths about bankruptcy and private student loans. By Robert G. Cameron – APR 12, 2022 (Reprint from Consumer Financial Protection Bureau “www.CFPB.gov” The following is an excerpt from Mr. Cameron’s article.). What is behind the perception that student loans cannot be discharged in bankruptcy?

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Education Attorney 211

Diane Drain

APRIL 16, 2022

ARIZONA IS ONE OF 2 STATES THAT WILL TAKE YOUR TAX REFUND IF THIS HAPPENS. SHOULD THE LAW CHANGE? By RUSS WILES, Arizona Republic (reprinted for educational purposes only). Tens of millions of Americans look forward to income-tax refunds as a way to pay down debt, buy necessities and otherwise get their finances back in order. For many people, refunds represent the largest one-time payment they will receive all year. ‘We’d use it to buy clothing, shoes and stuff the kids might need

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Laws Attorney Court Small Business 211

Diane Drain

FEBRUARY 23, 2022

“ Diane was patient, thorough, sympathetic, quick with responses and obviously knew what she was doing. ” D.S. I’ve never had to consult a bankruptcy attorney before but recently had to do just that on behalf of a family member. Although we decided to not go through with bankruptcy Diane was immensely helpful in reviewing our situation and providing very comprehensive information for my consideration.

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Attorney 20

Diane Drain

MARCH 7, 2022

CFPB Estimates $88 Billion in Medical Bills on Credit Reports Prepared Remarks of Director Rohit Chopra on New CFPB Medical Debt Report. By Rohit Chopra – MAR 01, 2022 (reprint). “Good morning. Today, the CFPB released a report on medical billing and collection practices in our country. Medical bills are the most common debt in collections reported on our credit reports.

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Laws Government Attorney Construction 211

Diane Drain

FEBRUARY 23, 2022

WHAT HAPPENS AT THE END OF A COVID-19 FORECLOSURE FORBEARANCE? Can servicers demand a large balance? Generally, the servicers should not be demanding full payment following a COVID forbearance. There are a number of loss mitigation options for people coming out of a COVID forbearance. In order to know which may apply one needs to know who owns the loan (who is the investor).

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Attorney Laws 104

Diane Drain

JANUARY 23, 2022

Most of us trust others. After all, we would not scam someone else, so why would they scam us? Scams have been around for hundreds of years, but the sophistication of scams grows with the use of technology. I am going to write this article in reverse order. Rather than relating the horror stories of how innocent people, just like you and me, were ripped off; I am going to tell you first how to avoid being scammed.

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Attorney Lawyer Lawyers Court 211

Diane Drain

JANUARY 21, 2022

“We received invaluable expertise, recommendations, and advice throughout our chapter 13. ” B.S. “The decision to declare bankruptcy is difficult. The journey through a 5-year Chapter 13 is more difficult. What was NOT difficult was the invaluable expertise, recommendations, and advice throughout that we received from Diane and her office. Don’t get caught up in the morass of law offices that claim to care but leave you to clean up your own mess.

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Law Office Attorney Laws 20

Diane Drain

JANUARY 20, 2022

Bankruptcy Issues After January 1, 2022 Changes in Arizona Homestead Statutes. Reprint from Gary Stickell’ s website: January 19, 2022. The Arizona Homestead exemption increased from $150,000 to $250,000 as of January 1, 2022. Final edits of HB2617 – easier to read Along with that increase there were other significant changes to the Arizona Homestead law.

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Statute Attorney Court Laws 104

Diane Drain

JANUARY 18, 2022

“ We were provided affordable comprehensive representation. ” R.B. I consulted the law office of D.L. Drain expressing our need to file bankruptcy having very limited resources. They accessed our situation and needs; educated us about bankruptcy options and ramifications. We were provided affordable comprehensive representation. I highly recommend the Law Office of D.L.

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Law Office Attorney Laws Education 20

Diane Drain

DECEMBER 30, 2021

New Law Prohibits Surprise Medical Bills. Reprint from The New York Times, December 30, 2021 For years, millions of Americans with medical emergencies could receive another nasty surprise: a bill from a doctor they did not choose and who did not accept their insurance. A law that goes into effect Saturday will make many such bills illegal. The change is the result of bipartisan legislation passed during the Trump administration and fine-tuned by the Biden administration.

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Laws Contract Attorney 211

Diane Drain

OCTOBER 25, 2021

CFPB Confirms Effective Date for Debt Collection Final Rules. (Reprint from CFPB, July 30, 2021) The Consumer Financial Protection Bureau (CFPB) today announced t wo final rules under the FDCPA will take effect in November. The first rule, issued in October 2020 , focuses on debt collection communications and clarifies the FDCPA’s prohibitions on harassment and abuse, false or misleading representations, and unfair practices by debt collectors when collecting consumer debt.

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Attorney Laws Education 207

Diane Drain

OCTOBER 13, 2021

“ Diane told me how to file a complaint against Scott Forrester and ask the State Bar for my money back. ” D.B. Diane and Jay have been wonderful to work with, they are really the best. I found them after paying Scott Forrester and then found out he was disbarred. Diane told me how to file a complaint and ask the State Bar for my money back. She then helped me file a bankruptcy and stop my creditor from garnishing my wages.

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Attorney 104

Diane Drain

SEPTEMBER 19, 2021

“Her assurance that there was nothing to be ashamed of, gave us the incentive to proceed.” S.R. Diane was fabulous during our bankruptcy, guiding us every step of the way. After medical bills got us behind, we didn’t know where to turn and felt uncomfortable filing. Her assurance that there was nothing to be ashamed of, gave us the incentive to proceed.

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Attorney 104

Diane Drain

SEPTEMBER 10, 2021

“Diane is an excellent Bankruptcy Attorney – five stars ” M.W. Five stars. Diane is an excellent Bankruptcy Attorney. She guided my wife and I through the entire process. We highly recommend her to anyone who needs to file a bankruptcy. M.W. The post She guided us through the entire process – five stars appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy Attorney.

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Attorney 104

Diane Drain

AUGUST 2, 2021

“Her assurance that there was nothing to be ashamed of, gave us the incentive to proceed.” D. Diane was fabulous during our bankruptcy, guiding us every step of the way. After medical bills got us behind, we didn’t know where to turn and felt uncomfortable filing. Her assurance that there was nothing to be ashamed, of gave us the incentive to proceed.

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Attorney 80

Diane Drain

SEPTEMBER 6, 2021

“We highly recommend Diane Drain IF you are looking for the educated, knowledgeable, honest and transparent (and very fairly priced) attorney! ” P.R. We had recently relocated to Arizona from the Chicago area when we realized we had to face up to our financial problems, rather than run away from them. Our Chicago attorney was helpful in assisting us in choosing the right bankruptcy attorney – boy did he pick the perfect person!!

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Attorney Education 118

Diane Drain

SEPTEMBER 9, 2021

“You can feel confident in her ability to provide you with any and all answers that may arise. ” D.L. I can’t say enough about the professionalism for Diane Drain and Jay. She helped me maneuver the process of Bankruptcy through an unusual situation. I highly recommend Diane Drain. You can feel confident in her ability to provide you with any and all answers that may arise.

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Attorney 104

Diane Drain

AUGUST 28, 2021

“ Her assurance that there was nothing to be ashamed of, gave us the incentive to proceed.” D. “Diane was fabulous during our bankruptcy, guiding us every step of the way. After medical bills got us behind, we didn’t know where to turn and felt uncomfortable filing. Her assurance that there was nothing to be ashamed, of gave us the incentive to proceed.

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Attorney 104

Diane Drain

SEPTEMBER 8, 2021

“ We highly recommend Diane Drain IF you are looking for the educated, knowledgeable, honest and transparent (and very fairly priced) attorney! ” P.R. “We had recently relocated to Arizona from the Chicago area when we realized we had to face up to our financial problems, rather than run away from them. Our Chicago attorney was helpful in assisting us in choosing the right bankruptcy attorney – boy did he pick the perfect person!!

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Attorney Education 104

Diane Drain

AUGUST 29, 2021

Dirty Little Secret – medical bills are the highest they have ever been and debtor buyers are paying pennies on the dollar to purchase the debts, but then sue the borrower for the full amount of the debt. Article Yahoo!Finance, Adriana Belmone, June 21, 2021. “Medical debt is the no. 1 cause of bankruptcy in the United States, which is something that’s obviously a uniquely American problem,” Allison Sesso, executive director of RIP Medical Debt, said on Yahoo Finance Live.

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Statute Attorney Finance Legal 211

Diane Drain

JULY 29, 2021

CFPB Releases Online Tool to Help Renters and Landlords Access Federal Assistance. New resource helps renters and landlords find state and local programs distributing federal rental assistance funds. WASHINGTON, D.C. — July 28, 2021: The Consumer Financial Protection Bureau (CFPB) released an online tool to help renters and landlords impacted by the pandemic easily find and apply for payment assistance for rent, utilities and other expenses.

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Government Attorney Finance 211

Diane Drain

JULY 16, 2021

Arizona Residential Eviction Actions Procedures – effective July 15, 2021. IT IS ORDERED that the following procedures are applicable to eviction actions governed by Arizona Revised Statutes, Title 33, filed in the superior court or a justice court, and delayed by the moratoria, including the mortgage forbearance eviction moratorium currently in effect, or seeking judgment for unpaid rent accrued during an eviction moratorium.

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Court Statute Calendaring Attorney 104

Diane Drain

MAY 21, 2021

SCOTT MICHAEL FORRESTER, DISBARRED BY THE STATE BAR OF ARIZONA. EFFECTIVE MAY 5, 2021. A cherub face hid a very mean personality. On May 5, 2021, the State Bar of Arizona entered an immediate order of disbarment against Scott Michael Forrester. This leaves more than 100 bankruptcy clients abandoned and out the money they paid Forrester. . Hundreds of clients have, or should have, claims against him for bad advice, bad attitude, failure to perform his professional duties and so much more. .

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Diane Drain

MAY 17, 2021

Operators of Student Loan Debt Relief Scheme Banned From Providing Debt Relief Services as Part of Settlement with FTC. (Reprint from Federal Trade Commission, May 17, 2021) The operators of a student loan debt relief scheme are banned from providing debt relief services and have agreed to settle Federal Trade Commission charges that they collected illegal upfront fees and falsely promised to lower or even eliminate consumers’ loan payments or balances.

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Litigation Litigating Attorney Education 188

Diane Drain

MAY 17, 2021

On January 1, 2022, HB2617 will become the law of Arizona. Your home is no longer protected from your judgment creditors, which will have a devastating effect on Arizona’s consumers, and those hardest hit by Covid-19. This bill was promoted by Ben Toma, House Majority Leader, bought and paid for by the creditors and debt collectors. There are three parts to the bill and its amendments: The bill increases a homeowner’s homestead exemption from $150,000 to $250,000 effective Ja

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Court Laws Litigation Litigating 104

Diane Drain

MAY 16, 2021

There is so much mis-information about a forbearance of home mortgages during COVID-19. Know your options before making a decision not to pay your mortgage. (4/1/21 UPDATE – see summary of foreclosure alternatives). Th is chart provides a summary of relief options available for borrowers facing a COVID – 19 related hardship s. The options that they can access depend on the loan investor.

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Attorney Court Finance Laws 210

Diane Drain

MAY 15, 2021

On January 1, 2022, HB2617 will become the law of Arizona. Your home is no longer protected from your judgment creditors, which will have a devastating effect on Arizona’s consumers, and those hardest hit by Covid-19. This bill was promoted by Ben Toma, House Majority Leader, bought and paid for by the debt collectors and creditors. There are three parts to the bill and its amendments: The bill increases a homeowner’s homestead exemption from $150,000 to $250,000 effective Ja

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Laws Court Litigation Litigating 197

Diane Drain

MAY 4, 2021

CFPB Rule Clarifies Tenants Can Hold Debt Collectors Accountable for Illegal Evictions. Bureau Issues Interim Final Rule on Fair Debt Collection Practices Act (reprint April 19, 2021). The Consumer Financial Protection Bureau (CFPB) today issued an interim final rule in support of the Centers for Disease Control and Prevention (CDC)’s eviction moratorium.

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Attorney Government Laws 104

Diane Drain

APRIL 25, 2021

There is so much mis-information about bankruptcy and how it works, or does not work. Know your options before making any decision to file or not to file bankruptcy or participate in a “debt workout scheme” Below is a YouTube video presented by John Oliver, who does a fairly decent job describing the challenges with filing bankruptcy, including the history of our current bankruptcy laws.

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Attorney Lawyer Lawyers Education 190

Diane Drain

APRIL 20, 2021

Arizona Bill wants Judgment Creditor to get paid before homeowners when house is refinanced (something Arizona law has not allowed since mid 1950s). Concerns about Arizona HB 2617, especially with the amendments: will allow old and new judgments to attached to homesteads. What the bill and amendments do: There are three parts to the bill & amendments.

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Laws Court Statute Attorney 232

Diane Drain

APRIL 15, 2021

Are you planning on refinancing your home? If so, you could lose protections from creditors under bill at Legislature. Russ Wiles, Arizona Republic, Arizona Republic Interviews Diane L. Drain about Arizona homestead protection and exposure to creditors. Pub li shed 6 : 1 3 p. m. M T A p r. 1 3, 2021. Homeowners who refinance their mortgag es could lose protections from debt collectors and other creditors under a bill that’s quietly making its way through the Arizona Legislature.

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Laws Attorney Court Statute 211

Diane Drain

APRIL 3, 2021

CFPB Compliance Bulletin Warns Mortgage Servicers: Unprepared is Unacceptable. Servicers Should Gear Up for Expected Surge in Homeowners Needing Assistance. (April 1, 2021 – reprint from CFPB) The Consumer Financial Protection Bureau (CFPB) today warned mortgage servicers to take all necessary steps now to prevent a wave of avoidable foreclosures this fall.

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Laws Lawyer Lawyers Attorney 104

Diane Drain

APRIL 4, 2021

In prison? If You Are Going to File Bankruptcy, You Must Follow the Rules – No Exception. In re Harrell , BAP No. EC-20-1091-BTL (9th Cir BAP, 3-20-21) Harrell is incarcerated at Folsom State Prison in California. He filed a “skeletal” chapter 7 bankruptcy case on March 2, 2020. Later that day, the clerk issued a Notice of Incomplete Filing (“Notice”), instructing Harrell to file by March 9 a Statement of SSN (Form 121) and Verification and Master Address List, an

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Court Attorney Finance Government 178

Diane Drain

APRIL 3, 2021

Bankruptcy Related Changes Under the CARES Act and the Consolidated Appropriations Act of 2021. February 9, 2021 By Andreozzi Bluestein LLP By: Daniel F. Brown, Esq. (provided here for educational purposes only). The Consolidated Appropriations Act of 2021. The Consolidated Appropriations Act of 2021 (the “Appropriations Act”) was passed by Congress and became law on December 27 th , 2020, and addressed a number of specific bankruptcy issues which had not been addressed as a part of either t

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Statute Court Small Business Attorney 104