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Filing for bankruptcy is never an easy decision. There are many factors that you must consider before you file. How bankruptcy will affect your children in the present and future, is a legitimate concern that must be taken into consideration.
In regards to your child’s property, any property in your household is considered yours, including items that you gave or “gifted” to your child. These items include your child’s bedroom furniture, toys, clothing, etc. The only way it will be considered your child property is if the child purchased the item with their own money and it can be proven. Under Chapter 13 bankruptcy, in most instances a debtor can keep all of their property, and in Chapter 7 you can keep all exempt property. Fortunately, Trustees are typically not interested in used furniture or household goods.
As for child support issues, the court will protect your child. The Court treats support orders with the utmost importance and support obligations will not be discharged in bankruptcy. This rule applies to both chapters 7 and 13 bankruptcies.
Child bank accounts or money held in trust for your children are generally not property of the bankruptcy estate. If you are the custodian for a trust account, this money is not yours, therefore, the trustee and creditors cannot get access to this money.
Private School tuition for private elementary and secondary schools are allowed in Chapter 7 bankruptcy, however, a chapter 13 may not allow for it. The federal government allows an educational expense per child under the means test, if your child’s school is more than that, then it will be determined on case-by-case basis.
If your child is seeking student loans, generally speaking, a bankruptcy should have no impact on eligibility for federal student aid. You might be disqualified from credit based financial aid like the Plus Loan and the Graduate Plus loan if you have declared bankruptcy within the past five years, unless there was an extenuating circumstance. Regardless, your child qualifies for Stafford loans which are more beneficial because the loan remains in forbearance while the student is in school.
Ultimately, you should be aware about the effect of bankruptcy on your child’s future and the complications that may arise. Therefore, you should discuss the issue with a bankruptcy attorney before making a final decision.
Client Review
"Benjamin Wright with Wright Law Office made a very difficult time for us much easier. We were struggling and did not know what our options were. He explained all our options and helped us to make the best financial decision. They made things easy and were always available to answer any questions we had. I would definitely recommend him."
Carlos Aguirre
Why should you hire our firm to represent you in bankruptcy?
Great question. Here are a few reasons:
Ways we can help…
Our Locations
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Phoenix Office
Wright Law Offices
2999 N. 44th St., Ste 250
Phoenix AZ 85018
Telephone: 602-456-6085 / 866-703-3287
Phoenix Law Office -
Scottsdale Office
Wright Law Offices
7135 East Camelback Road, Ste 230
Scottsdale AZ 85251
Telephone: 480-845-0145 / 866-703-3287
Scottsdale Law Office -
Tempe Office
Wright Law Offices
2238 S. McClintock Dr.
Tempe AZ 85258
Telephone: 480-845-0145 / 866-703-3287
Tempe Law Office -
Avondale Office
Wright Law Offices
12725 W Indian School Rd, Suite E-101
Avondale AZ 85392
Telephone: 623-258-4480 / 866-703-3287
Avondale Law Office -
Mesa Office
Wright Law Offices
4856 E. Baseline Rd. Suite #104
Mesa, AZ 85206
Telephone: 480-845-0145 / 866-703-3287
Mesa Law Office -
Glendale Office
Wright Law Offices
20325 N. 51st Ave., Suite 134
Glendale, AZ 85308
Telephone: 623-258-4480 / 866-703-3287
Glendale Law Office -
Prescott Office
Wright Law Offices
3623 Crossings Dr Suite 334
Prescott, AZ 86305
Telephone: 602-932-6600
Prescott Law Office
What our clients are saying…
Mr. Wright and his staff were amazing. They made a negative situation a lot better and turned it into a positive. Could really tell they care helping people and I will refer their Phoenix Bankruptcy Attorney firm to friends and family. Thanks again.
I called around looking for the right bankruptcy lawyer and came across Benjamin Wright. He personally called me for the consultation seeing how I live in Kingman AZ. He was very helpful from the start and his staff was very friendly and explained any questions I had, sorry for all the questions. I would definitely recommend Wright law offices, and I do!! Thanks for everything, you made what seemed like a hard thing to do simple!! You guys rock!!!
Great lawyer, he really helped my mother out of a jam. She was totally new to bankruptcy and he talked with us for about an hour and a half to make sure she wouldn’t be worried.
Ben is a kind and down to earth attorney. He worked around my busy schedule as a single mom (school, full-time job, and daycare pick up and drop off times). He explained absolutely everything to me and was good about e-mailing. I am writing this review as a THANK YOU.
I had a very positive experience with Attorney Wright. He or his staff returned my e-mails and calls promptly (even after business hours occasionally). His fees were reasonable. He was patient with me when I showed up in court missing an important document. He is aggressive, but fair and nice.
Arizona Bankruptcy Blog
FAQs About Bankruptcy in Arizona
How does Chapter 13 bankruptcy work?
For individuals who maintain a steady income but are grappling with debts that need more time to be cleared, Chapter 13 bankruptcy could provide a viable solution. This form of bankruptcy enables debtors to retain their property while adhering to a three to five-year repayment plan. In Scottsdale, the bankruptcy attorneys at Wright Law Offices utilize their expertise in developing personalized Chapter 13 plans that are uniquely designed to suit your circumstances and work in your favor.
What role can a lawyer play in tackling credit card debt?
When credit card debt spirals beyond control, the feelings of isolation and stress can be daunting. However, with a knowledgeable lawyer by your side, the situation can be transformed significantly. Lawyers are experienced in negotiating with formidable credit card companies, often succeeding in achieving reduced interest rates or a minimized debt total. At Wright Law Offices, located in Phoenix, our committed legal team stands ready to help you take back control of your financial situation and direct you towards other potential debt relief avenues like bankruptcy.
What happens when foreclosure is knocking on my door?
The prospect of foreclosure can make it seem like your world is tumbling down. Yet, it's vital to remember that there are legal routes available to navigate this challenging situation. Foreclosure is a process initiated by lenders when mortgage payments are overdue, leading them to recover their loan by selling your property. While it sounds intimidating, our adept team at Wright Law Offices in Tempe is here to assist. We guide you through every step of the process, thoroughly exploring all viable options, such as loan modification, bankruptcy, or even contesting the foreclosure in court.
What is a tax debt lawyer's role?
Being in debt to the IRS can create enormous stress. However, a tax debt lawyer can intervene and significantly improve your situation. They're skilled in negotiating a viable payment plan with the IRS, striving to reduce the tax debt you owe, and in certain scenarios, even getting penalties and interest absolved. The proficient team of Scottsdale tax debt lawyers at Wright Law Offices is committed to helping you face this challenge with optimism. Leveraging our deep knowledge of tax law, we're dedicated to securing the best possible outcome for every client we represent.