An Arizona Attorney
The Law Offices of E.C. Sears

Contact Me

Elana C. Sears

Site Categories


“Back Door Ride Through” and Chapter 7 Bankruptcy

When it comes to a chapter 7 bankruptcy one really needs to make informed decisions, and some decisions just require an attorney’s expertise and guidance.  Just because something may be acceptable as a standard practice that doesn’t mean it will be seen that way by the all knowing eyes of the judicial system.

For example, one important, confusing, and often overlooked area in the bankruptcy process is that of re-affirmation agreements, which are typically used to keep vehicles. This mechanism, as opposed to discharging a creditor in a bankruptcy, is the concept of establishing a new payment plan termed a ‘re-affirmation agreement”.

After Bankruptcy Credit Score Thoughts…

Most often, prior to bankruptcy, many people don’t give too much thought to their credit score, particularly as they are falling into the pit of the real estate and credit card crunch.

Once the bankruptcy has been discharged, however, folks really need to give some thought and develop a plan on how to rebuild their credit and credit score.

With a clean slate, concentration and maneuvering to rebuild ones credit is paramount, especially after a bankruptcy. People often believe that after a bankruptcy they will never qualify or become eligible for credit again. This is not true,

What an Automatic Stay Doesn't Do

Automatic Stay U.S. Bankruptcy – Arizona

Irrespective of the petitioner’s choice of chapter of the bankruptcy code, when an individual files for bankruptcy, he or she triggers an automatic stay that immediately puts a stop on the actions by creditors against himself / herself (debtor) and his / her (debtor’s) property (see 11 U.S.C. § 362).  An automatic stay has the potential to protect the debtors against any and all attempts from the creditors to collect debts, at least for the time being. Chapter 13 of the bankruptcy code, goes one step ahead, and protects the debtors as well as the co-debtors. Conversely, secured creditors may explore their option of petitioning the bankruptcy court for respite from the automatic stay by showing an applicable clause.

Debt Collectors Use Facebook to Stalk and Humiliate Debtors

Debt collectors stalking debtors  through, contacting family, friends or even co-workers listed…  Why am I not surprised?  Because bankruptcy attorneys see this type of behavior almost daily with bankruptcy clients.

Read the full story here….

Arizona Divorce – Initial Steps


1. SEEK LEGAL ADVICE. As soon as divorce becomes a possibility or inevitability you should begin by seeking out a divorce attorney and making an appointment. Do not phone numerous law firms expecting immediate access to the attorney or for legal advice – request an appointment and bring any pertinent documents to the meeting.

Every divorce case is highly fact specific. The outcome of a case, strategic decisions, and legal process will vary depending on the unique facts and legal issues involved. Jumping to legal opinions and conclusions of law without first having a direct one on one consultation with an attorney would be foolish.