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To file Chapter 13 Bankruptcy:

  1. You must complete Credit Briefing, by internet, phone or in person, from an approved nonprofit budget and credit counseling agency within 6 months before filing. See 11 U.S.C. §109(h)(1).

  2. You must be a resident in the state in which you are filing for the last 90 days.  If you have not resided in the state that long, you can only file in the state where you have resided, or which has been your principal place of business or which has been the location of your principal assets for the majority of the last 180 days. See 28 U.S.C. §1408

  3. You cannot file within 180days after dismissal of a previous case if that case was dismissed because (1) you failed to obey court orders or failed to appear before the court, or (2) you requested that the case be dismissed after a creditor requested relief from the automatic stay. See 11U.S.C. §109(g).

  4. Although you are not prohibited from filing a Chapter 13 based on a previous Chapter 7,to receive a discharge in the Chapter 13, you must not have received a discharge in a previous Chapter 7 case filed within the last 4 years. See 11 U.S.C. §1328(f).Add feature where they enter the date that they filed a previous Chapter 7 and it calculates 4 years from that date to tell them if they can file now or when they have to wait to before they can file Chapter 13.

  5. Although you are not prohibited from filing a Chapter 13 based on a previous Chapter 13, to receive a discharge in the later Chapter 13 case, you must not have received a discharge in a previous Chapter 13 case filed within the last 2 years. See 11 U.S.C. §1328(f).Add feature where they enter the date that they filed a previous Chapter 13 and it calculates 2 years from that date to tell them if they can file now or when they have to wait to before they can file Chapter 13.

  6. You must have sufficient regular income to meet your monthly living expenses and make a plan payment. See 11 U.S.C. §§109(e), and 101(30).

  7. You must have less than $360,475 of unsecured debt, and less than $1,081,400 of secured debt. See 11 U.S.C. §109(e). Amounts adjusted and as of 4-1-2010

  8. The debtor must not be a corporation, partnership, stockbroker, or commodity broker. See U.S.C. §109(e).

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More Information About Filing Chapter 7 Bankruptcy Chapter 13 Bankruptcy Overview
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Who is Eligible
Do's and Dont's
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480-968-3100
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Please call McDonald Law Offices to schedule a time to talk to one of our experienced Arizona bankruptcy attorneys. If you call during our business hours it is likely that one of our bankruptcy lawyers will be available to talk to you when you call.

The attorney will be able to go over how you can stop foreclosure, stop garnishment, and eliminate other debts through the filing of bankruptcy. During the call our lawyers will be able to determine if you qualify, how much it will cost to declare bankruptcy, what debts your bankruptcy will cover, and how long it takes to file.

CALL NOW! There is no obligation and the consultation is free.

The experienced attorneys at McDonald law Offices help clients achieve debt relief by stopping foreclosure, garnishment, repossessions, and judgments. Our lawyers represent clients throughout the state of Arizona including the following areas:

Tempe Glendale Casa Grande
Mesa Peoria Florence
Chandler Surprise Yuma
Scottsdale Sun City Prescott
Phoenix Avondale Queen Creek
Apache Junction Goodyear San Tan Valley
Cave Creek Buckeye Camp Verde
Gilbert Youngtown Chino Valley
Maricopa Globe Miami Payson
Tempe Office - Get Directions McDonald Law Offices Locations
1907 E. Broadway Road, Suite1
Tempe, AZ 85282

(480)968-3100
1-800-790-8616
Fax (480)968-7910
mail@mcdonaldlawaz.com
Appointments available:
Monday 8:00 am to 5:00 pm *
Tuesday 9:00 am to 5:00 pm *
Wednesday 8:00 am to 5:00 pm *
Thursday 9:00 am to 5:00 pm *
Friday 8:00 am to 5:00 pm
Saturday 9:00 am to 11:30 am
* (or later upon request)
Glendale Office - Get Direction McDonald Law Offices Locations
7141 N. 51st Avenue, Suite D4
Glendale, AZ 85301

(623)937-8308
1-800-790-8616
Fax (480)968-7910
mail@mcdonaldlawaz.com
Appointments available:
Monday 9:00 am to 5:00 pm
Tuesday 9:00 am to 5:00 pm
Wednesday 9:00 am to 5:00 pm
Thursday 9:00 am to 5:00 pm
Friday 9:00 am to 5:00 pm


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Call for a free Consultation. (480)-968-3100
Call for a free Consultation. (480)-968-3100
Call for a free Consultation. (480)-968-3100
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