Frank Waters

About Frank Waters

Frank Waters is a bankruptcy attorney at Law Offices of Frank T Waters based in Bullhead City, 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: U of Mississippi

Common questions about Bankruptcy in Arizona

Answered by Arizona Attorney Search Network

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.

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.

Will I lose my house if I file for bankruptcy in Arizona?

Probably not. Arizona's homestead exemption under ARS § 33-1101 protects up to $400,000 of equity in a primary residence (increased from $250,000 in 2022 by Proposition 209). If your equity is below the cap and you stay current on the mortgage, you generally keep the home in Chapter 7. Chapter 13 can also be used to cure mortgage arrears over the plan period.

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