FAQ

Frequently Asked Questions – Bankruptcy Divorce in Arizona

General

• Question: What is the charge for the initial appointment?
• Answer: ZERO. We DO NOT charge for you to come in and speak with us. If you decide you want to use our services, then is when you pay, not before.
• Question: How much are the services? Are there hidden costs?
• Answer: YOU WILL NEVER HAVE TO PAY MORE THAN A SINGLE DOCUMENT PREPARATION SERVICE (E.G. for an uncontested DIVORCE WITHOUT CHILDREN OR A BANKRUPTCY, ETC. *). There may be court costs (some of which can be deferred – or even waived) and you may have to hire a process server or publish the Divorce (if your spouse doesn’t agree to sign the acceptance of service for the documents or their whereabouts are unknown), but there are NO HIDDEN FEES in the document preparation charge. YOU WILL KNOW EXACTLY HOW MUCH IT WILL COST UP FRONT.
• Question: How do you provide all those services for a low cost ($200 for bankruptcy)?
• Answer: We maintain low overhead and we thrive on quality, not quantity. We do not spend tens of thousands of dollars a month on advertising, because if we did, our services would be FAR more expensive. We’d rather you get a great deal, then you will tell your friends and family. Word of Mouth Advertising is our bread and butter. When you’re satisfied, We’re satisfied.
• Question: How do I know that I will be satisfied?
• Answer: We have over 25 years experience preparing documents in Arizona. Your satisfaction is guaranteed. THOUSANDS upon THOUSANDS of Divorce and Bankruptcy clients can’t be wrong!

Bankruptcy

• Question: Am I bankrupt?
• Answer: A good percentage of our clients don’t know how bad their situation is until they see it right there in front of them in black and white. After we gather the information (total debt load and expenses versus income) it is easy to decide for yourself if you are bankrupt. Ultimately, this decision is your own, and we will not pressure you one way or the other. We provide that service for free so you can make an informed decision.
• Question: Who files the petition in a Bankruptcy?
• Answer: As Bankruptcy Petition Preparers under the United States Bankruptcy Code, the law precludes us from filing the Bankruptcy petition for you. However, there is no mystery involved. You will be given a map to the court . The process of filing takes about 20 minutes. You take the original and copies we make you, and you deliver them to the address supplied. They will stamp the copies and give you one back with the Case Number, the date of the creditors’ meeting and the judge and trustee assigned to your case.
• Question: What is the difference between Chapter 7 and Chapter 13?
• Answer: Here is what the Bankruptcy Court itself has to say on the matter (Enter by clicking here)
  In fact, here’s a great source from the bankruptcy court itself for Frequently Asked Questions Bankruptcy Court’s Frequently Asked Questions Page -(Enter FAQ by clicking here). The bottom line is that ultimately, you need to decide which chapter you wish to file based upon which serves your needs best – but we prepare chapter 7 only.
• Question: What will I be able to keep if I file a chapter 7 Bankruptcy?
• Answer: In general, our clients have found the Arizona Bankruptcy exemptions very generous.
• Question: Will Bankruptcy cover unpaid medical bills, hospital bills?
• **Answer:**The debts that can be discharged are discussed at great length on the internet. Our clients have stacks of unpaid medical bills and hospital bills which are discharged in Chapter 7 bankruptcies with no problems (this is no guarantee and your results may vary).
• Question: Will I have to go to court if I file Bankruptcy?
• Answer: The bankruptcy law requires that you appear at a Creditor’s meeting sometime after filing (usually within a few weeks). When you file, you will be assigned the date of the meeting. Our clients tell us that they are there with approximately 10 other people who are there for the same purpose. The Bankruptcy Trustee will ask you questions – usually what is your name, address and phone number, and whether the information in your petition is true and correct along with a few other questions regarding your petition, just be honest with the Trustee and you will have no problems. If you are represented by an attorney, then the attorney would ask you those questions. Then you get up out of the chair and go home. Our clients tell us that creditors – although they can, rarely, if ever show up at this meeting.
• Should I take the equity out of my home to pay off credit card bills?
• Answer: This is a question that only you can answer. Many of our clients who own homes have often gone down this path, or tried debt consolidation, only to ultimately realize that they would never catch up this way – and they end up filing for a fresh start after they’ve encumbered their homes to the hilt. The internet is a treasure trove of information from attorneys on this subject.
• Question: Do you provide Online Bankruptcy Preparation?
• Answer: Over the years as the Information Age has blossomed, we have struggled with this issue. It would be rather simple actually to put together an online intake form that you could fill out, and we could prepare the documents and return them. We could even put together a site where you can fill out your own paperwork directly online. We have decided against both of these for a very simple reason – We find that during our intake process, through conversation with our clients, you are more likely to understand the whole bankruptcy process as you thoughtfully provide the information. In fact, most of our clients do not know exactly how bad their situation is until they see it in black and white, right in front of them. We assisted many clients who have either purchased kits to fill out (between 30 and 50 pages on average) or prepared their documents from forms online, and they have become totally lost in the process. We just don’t feel as though we are doing a good job as bankruptcy petition preparers unless we can meet with you – in fact, this is PRECISELY what separates us from the other guys – simple as that.

Divorce and Domestic Relations

• Question: How long do I have to live in Arizona to file for Divorce here?
• Answer: As stated right on the forms, just one of the parties must have lived in Arizona for 90 days to file in Arizona.
• Question: How long does the divorce process take?
• Answer: The process in the office takes about 20 minutes. The paperwork will be ready within a few business days. Once filed with the court, the process takes about 3 – 3 1/2 months if the parties are in agreement and it goes through by default or by Stipulation (a stipulated divorce involves an extra filing fee with the court, but it may cut off up to a month of processing time).
• Question: In a Divorce, Custody, Visitation or Child Support case, will I have to go to court?
• Answer: Yes. If the process is not contested, and it goes through by default – and there are children involved – you will have to appear before a judge for a very short period (the other party does not have to appear). If you are getting divorced, and you have no children, it is possible to ask the court to sign the divorce decree without a hearing – this does not guarantee that the divorce will happen without a short hearing, because the judge has the final say on that issue.
• Question: How do I modify child support, custody or visitation?
• Answer: Whenever circumstances warrant a change to the underlying order, one or both parties may file for a modification. There are some guidelines that make it more difficult to file a modification request within one year of the prior order, or if the child support calculation shows a change less than 15%. Give us a call and we can walk you through the process.
• Question: Are there fees associated with filing a Divorce or Child support/Custody/Visitation issue?
• Answer: Yes, the court charges you a filing fee. However, these fees can be deferred and paid over about 60 days, or they may even be waived depending upon your circumstances. The fee to file a Divorce in Maricopa County is currently $326.00. Other actions vary but are similar (less even).
• Question: Is it unusual to not be represented by an attorney?
• Answer: The law in Arizona allows “Pro Se” filings, or in other words, you can represent yourself. In Maricopa County, in over 90% of the divorces, the parties represent themselves.
• Question: How does child support work?
• Answer: Child support is calculated according to the Supreme Court Guidelines. Deviations from the guidelines may be permissible under certain circumstances if you show a sufficient reason to the judge in the paperwork. Child Support is paid through the state Clearinghouse in Arizona, and usually by wage assignment. Payments made directly to the custodial parent may be considered “gifts” and not count towards the child support obligation.
• Question: What if my spouse says they don’t want a divorce?
• Answer: Arizona is a “no fault” state. Therefore, only one of the parties must believe that the marriage is irretrievably broken with no possibility for reconciliation for the divorce to be granted. However, be aware that if they hire an attorney or decide to fight the divorce, a divorce can be dragged on for many months. We can walk you through this process if you cannot afford an attorney once a case is contested – although we always recommend that if you can afford an attorney once a case is contested where the other side has an attorney, you should do your best to hire an attorney. If you simply cannot afford one, we can help with the document preparation to move the case forward.
• Question: What if my spouse won’t sign the Acceptance of Service in a domestic relations action?
• Answer: The acceptance of service simply states that the other party has received the paperwork that you filed. It does not mean that they agree with the terms of the divorce or child action, just that they received the papers you filed with the court. If they are unwilling to sign, then you will need a process server to serve them the documents. We can arrange a process server for you, or you can arrange to have the Sheriff or a licensed private process server serve the other party. You will have to pay the Process Server unless you’ve had your fees waived by the court, and you get the Sheriff to do it for you, then there is no charge.

Still Have Questions? We’re Here to Help

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602-577-2041 | 480-949-6565
Email: help@bk101.com

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