Brendon Rogers

About Brendon Rogers

Your time is valuable and your money is precious, so when you are looking for an attorney, you need to consider the following questions carefully and make certain that your attorney answers them to your satisfaction before you hire them:

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Education

• Law School: Washburn

Common questions about Bankruptcy in Arizona

Answered by Arizona Attorney Search Network

Can student loans be discharged in bankruptcy?

Rarely. Federal student loans and most private student loans are non-dischargeable except by proving 'undue hardship' under 11 USC § 523(a)(8). Following the Department of Justice's 2022 guidance, undue-hardship adversary proceedings have become somewhat more accessible in cases of long-term inability to repay, but the bar remains high. Discharge of student debt typically requires a separate adversary proceeding within the bankruptcy case.

Can I keep my car in bankruptcy?

In most cases, yes. Arizona's motor vehicle exemption under ARS § 33-1125 protects up to $15,000 of equity in one vehicle ($25,000 if the debtor is a person with disabilities). If the car loan is current and equity is within the cap, debtors typically keep the car by reaffirming the debt or, in Chapter 13, paying through the plan.

Can I file bankruptcy without a lawyer?

Pro se filing is permitted but strongly discouraged. The Bankruptcy Code is technical, the U.S. Bankruptcy Court for the District of Arizona's local rules add procedural detail, and errors (missing schedules, incorrect exemption claims, failure to attend the 341 meeting) can result in case dismissal without discharge. Most consumer Chapter 7 cases run $1,500-3,500 in attorney fees and the value of professional handling is high.

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