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Friday, May 23, 2014

Arizona Bankruptcy Attorney: Bankruptcy Process

If you are filing for Chapter 7 bankruptcy in Arizona, you must file the bankruptcy petition and other forms in the appropriate Arizona district court as well as participate in credit counseling. It highly advised you consult with an Arizona Bankruptcy Attorney today to discuss your particular situation.

Because most of bankruptcy is governed by federal bankruptcy laws, the general bankruptcy filing process in Arizona is similar to other states. However, there is some Arizona-specific information you’ll need for the bankruptcy forms. You’ll also have to know about the Arizona bankruptcy exemptions, find an approved credit and debt counselor in Arizona, and get some information on local forms, like the mailing matrix. 

Getting Credit Counseling and Taking a Financial Management Course in Arizona

In order to qualify for Chapter 7 bankruptcy, you must show that you received credit counseling from an agency approved by the U.S. Trustee in Arizona within the six month period before you file for bankruptcy. You’ll also have to take a personal financial management class (also called debtor) before you get a bankruptcy discharge. You can find the list of approved Arizona credit counseling agencies here.

Completing the Bankruptcy Forms in Arizona

When you file for Chapter 7 bankruptcy, you must complete a bankruptcy petition, a number of schedules containing detailed information about your finances, and several other forms, including a lengthy form known as the “means test” for Chapter 7 bankruptcy.

Finding Means Test Information for Arizona

When you file for bankruptcy in Arizona, you must compare your income to the median income for a household of your size in Arizona. If your income is less than the median, you will be eligible to file for Chapter 7.
If your income is above Arizona’s median income, you still might qualify for Chapter 7, but you’ll have to provide detailed information about your expenses and payments on secured debts in order to find out.
Here’s how to find the Arizona-specific figures for these means test forms:

Arizona median income

For a one-person household in Arizona, the median income is $41, 385. For a two-person household it’s $53,781, for a family of three it’s $56,508, and more for larger families. 

Standard deductions

Forms 22A and 22C have a comprehensive list of expense categories, such as housing, transportation, food, and childcare. For some of those categories (like childcare), you provide the actual amount you spend. For others, you plug in a predetermined amount -- sometimes that figure is standard for the whole country, other times it varies by county or region. 
You can find all of the Arizona area, borough, and region-specific figures you’ll need for Forms 22A and 22C on the U.S. Trustee’s website at www.justic.gov/ust.  Click on “Bankruptcy Reform” and then “Means Testing Information.”

Getting Local Bankruptcy Forms

Some judicial districts and bankruptcy courts require bankruptcy filers to complete additional “local forms.” To find out if your court requires additional forms, contact the bankruptcy filing clerk. Some courts post these forms online on the court’s website. (Below you’ll find a link to Alabama’s bankruptcy court.)
For example, in Arizona the bankruptcy court has issued very specific guidelines for the mailing matrix (the list of all your creditors that you are required to file as part of your bankruptcy case).

Filing in the Arizona Bankruptcy Courts

Since there is only one judicial district in Arizona (see below for the link), you don’t need to worry about the rules for filing in the correct judicial district.
You can use the Court Locator tool on the U.S. Trustee’s website to find bankruptcy court locations and websites. The Arizona bankruptcy court has courts and offices in Phoenix, Tucson, and Yuma. There are also bankruptcy courtrooms in Flagstaff and Prescott.

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