About David Martinez
David Martinez is a bankruptcy attorney at Law Office of David Martinez PLLC based in Arizona, Arizona. Bankruptcy practice in Arizona involves federal law (Title 11 of the U.S. Code) administered by the U.S. Bankruptcy Court for the District of Arizona, with state-law overlays including Arizona's homestead exemption under ARS § 33-1101 and the various property exemptions in ARS Title 33, Chapter 8. See contact details below.
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Education
- Law School: Western State - Fullerton
Common questions about Bankruptcy in Arizona
Answered by Arizona Attorney Search Network
How long does Chapter 7 bankruptcy take in Arizona?
A typical Chapter 7 case in the U.S. Bankruptcy Court for the District of Arizona resolves in 3-6 months from filing to discharge. The 341 meeting of creditors occurs about 30-45 days after filing; the discharge order issues approximately 60 days after the 341 meeting. Cases with asset-recovery, complications, or creditor objections take longer.
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.
What's the difference between Chapter 7 and Chapter 13 bankruptcy?
Chapter 7 (Title 11 USC, Chapter 7) is liquidation: a trustee may sell non-exempt assets and distribute proceeds to creditors, while most unsecured debts are discharged in 3-6 months. Chapter 13 is reorganization: the debtor proposes a 3-5 year plan to repay creditors a portion of debts based on disposable income, retaining property the plan addresses. Chapter 7 has stricter eligibility through the means test.