Jimmie Smith

About Jimmie Smith

Jimmie Dee Smith, an attorney  in Solo Practice in Yuma, Jimmie is an elected member of the Board of Governors. Jimmie was president of the State Bar of Arizona 2006-2007.

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Education

• Law School: Arizona State

Common questions about Bankruptcy in Arizona

Answered by Arizona Attorney Search Network

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.

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.

Q&As answered by Jimmie Smith

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