At Mostafavi, Marco & Wimmer we take pride in our efficient, paperless (scan and email/efax) and highly effective pre-bankruptcy filing process.  As I have discussed in previous posts, most of your actions prior to filing your bankruptcy is subject to scrutiny in your Phoenix Arizona Chapter 7 bankruptcy or Chapter 13 bankruptcy.  The money you spend, items you purchase, friends you help monetarily, assets you transfer and monies you are owed all impact your bankruptcy filing immensely.  After years of practice in Arizona bankruptcy, we have streamlined our pre bankruptcy process, in order to most efficiently and comfortably process your bankruptcy filing.

Arizona Bankruptcy Process

After the free initial consultation, one of our bankruptcy lawyers will send you a “Getting Started” email.  This email contains all the information you need in order to file your bankruptcy.  Attached to the email are several documents that need to be read and signed.  The fee agreement needs to be signed in order to establish an attorney-client relationship.  There are several disclosures that you must read and sign, so that you are fully informed of important pre bankruptcy filing information.  Furthermore, we ask that you fill out a questionnaire regarding your assets and financial situation, and send us 6 months of proof of income, in order to determine your eligibility for a Chapter 7 bankruptcy or Chapter 13 bankruptcy.  Once we have all the documents we require, we help you sign up for the mandatory pre bankruptcy filing online class.

Once we have completed processing you must come into one of our offices (Phoenix, Mesa, Chandler, Gilbert or Casa Grande) and sign the documents.  Once the documents are signed you simply call us to verify your accounts are below the Arizona Exemption for cash ($150 per debtor).  Then we file your Arizona Bankruptcy!

The more information you receive prior to filing, the more efficiently your bankruptcy will be administered.  Mostafavi, Marco & Wimmer has established its reputation in the bankruptcy court, among the Bankruptcy Trustees, as a leading Arizona Bankruptcy law firm.  This is due to the fact that we spot and resolve issues prior to filing the bankruptcy, otherwise, the Trustee will handle the issue, and prolong your discharge.

For a free initial consultation in one of our offices or over the phone call us today at (480) 540-3815.  We spend an hour with you to discuss your assets and liabilities, qualifications, any issues that may arise, and the process.

A recent article on CNN Money really disturbed me.  It stated that this year hundreds of thousand of potential bankruptcy filers will not file bankruptcy because they can not afford bankruptcy lawyers.  With average Chapter 7 bankruptcy fees at $1500, this dilemma is understandable.

Congress changed the bankruptcy laws in 2005, requiring much more work in order to file a Chapter 7 “fresh start” Bankruptcy or Chapter 13 “reorganization” bankruptcy.  Due to the complexity in petition and schedule preparation bankruptcy lawyer fees have risen.

I analogize filing a bankruptcy in Arizona like filing taxes.  Yes, you can file your taxes on your own, but are likely to make mistakes because you are unaware of the laws and procedures required.  Same thing with a bankruptcy.  Not only must you adhere to the Federal Bankruptcy Laws, you must analyze and comply with Arizona State Exemptions (protections for your assets).  Furthermore, your actions prior to filing your Phoenix Arizona Bankruptcy heavily impact the administration of your case.  Most everything you do prior to filing your bankruptcy (i.e. transferring property, paying creditors, spending money) is subject to scrutiny by your Arizona bankruptcy trustee.

My partner Andrea Wimmer and I volunteer at the Phoenix Bankruptcy Court Self Help Center, advising pro se debtors (people who file without an attorney) on their cases.  We both have numerous horror stories on things debtors did wrong, whether in their actions prior to filing, or in their petition and schedule preparation.  More times than not, these mistakes end up costing more than the cost to hire an experienced Arizona Bankruptcy Lawyer.  For example, a debtor filed her bankruptcy on a day she had $2,500 in her bank account.  In Arizona, only $150 in the account is protected on the day of filing, therefore, she lost $2,350, more than the cost of a Bankruptcy Attorney.

At Mostafavi, Marco & Wimmer, PLLC we quote fees based on the complexity of your case.  Based on our analysis of your assets and debt, we quote a fair a reasonable fee for your bankruptcy filing.  Many times our fees are below the national average of $1,500.  Furthermore, we allow payment plans to assist you.  We have established our reputation as a fair and honest Mesa Arizona Bankruptcy Law Firm.  For more information about your bankruptcy case, call us today at (480) 540-3815 to schedule a free consultation.

Mostafavi, Marco & Wimmer have a combined 30+ years of legal experience representing car accident, motorcycle accident, wrongful death, chapter 7 bankruptcy, chapter 13 bankruptcy and DUI clients.  Our Phoenix, Arizona law office is located at 2415 E. Camelback Rd., Suite 700 in the Biltmore (SE corner of 24th st. and Camelback behind the Ritz Carleton).

Our Phoenix Arizona personal injury, bankruptcy and DUI lawyers pride themselves on personal service and aggressive, affordable and effective legal representation.  At our law office you always speak with a lawyer, not a staff member.

We offer free consultations to properly analyze and advise you on your case.  Consultations can be done in our Phoenix, Mesa, Gilbert, Chandler or Casa Grande office, or over the phone.  For more information on our firm call (480) 540-3815 or visit www.mmwazlaw.com

Mostafavi, Marco & Wimmer has 30 plus years of combined legal experience representing Gilbert, Arizona clients in Car Accident, motorcycle accident, wrongful death, chapter 7 bankruptcy, chapter 13 bankruptcy, and DUI cases.  We pride ourselves on our professionalism and personal service.  Our honest, affordable fees allow our clients to attain the utmost in legal service for a fair price.

Our Gilbert, Arizona Law Office is located at 3420 S. Mercy Rd., Suite 107, Gilbert, AZ 85297.  We are in the building directly East of Mercy Gilbert.

If you are looking for an affordable and aggressive Personal Injury, Bankruptcy, or DUI Lawyer in Gilbert, Arizona Call Mostafavi, Marco & Wimmer today at (480) 540-3815 for a free consultation with an experienced lawyer.

Mostafavi, Marco & Wimmer is pleased to announce the opening of our Chandler, Arizona Personal Injury, Bankruptcy and DUI Defense Law Office.  Our office is located at 2051 W. Chandler Blvd., Suite 105, Chandler, AZ 85224 on the southwest corner of Chandler and Dobson.

We are very excited to offer the residents of Chandler the utmost professionalism and personal service in their car accident, motorcycle accident, wrongful death, chapter 7 bankruptcy, chapter 13 bankruptcy, or dui cases.  Our combined 30 years of legal experience and affordable fees sets us apart as a go to Chandler Arizona Law Firm.

For more information about Mostafavi, Marco & Wimmer please visit http://www.mmwazlaw.com or call (480) 540-3815.  We offer free consultations for Chandler Arizona Personal Injury, Bankruptcy and DUI clients.

We are often asked by clients and the general public if this despicable housing crisis is nearing an end.  Unfortunately, I am often the bearer of bad news, after reading market studies and reports from the banks.  In 2011 we saw a significant slowing of the falling home prices, and the number of foreclosures by the banks, which dropped by a third, a 4 year low.  In 2010 we witnessed what may be the most foreclosures ever in a single year, and experts predict 2012 will be worse.

The decrease in 2011 foreclosures was due to the “robo signing” scandal, where banks allowed mortgages to be issued without following proper procedure, aka having the documents signed by humans.  Due to ongoing litigation in 2011 and subsequent settlement in 2012 (The major banks settled with 49 states in February 2012), foreclosure rates slowed.

What we are seeing now is an increase in localized foreclosure rates, for example, in several Florida counties.  The current individuals facing foreclosure are far different than those we saw in 2010.  In 2010 most foreclosures were by victims of predatory lending ($0 down and stated income loans) and sub-prime loans.  The foreclosures today are on regular mortgages, because ordinary, hard working Americans are facing financial crisis (one income vs. two incomes, underwater homes, etc.), and unable to pay.

Combine these facts with the fact that millions of homes are near default (some predict 9.5 million in February alone), and that many of the 2011 foreclosures that did not happen will happen this year, and it’s clear that we are not out of the woods.

If you are struggling to make your mortgage payments, or are facing foreclosure, call Mostafavi, Marco & Wimmer today at (480) 540-3815 for a free consultation to identify your options.  As debt relief agents, we will thoroughly discuss your best options to stabilize your financial life.  For more information visit www.mmwazlaw.com

We recently successfully got one of our Arizona DUI clients charges reduced from a First Offense DUI (.08 or above BAC) reduced to a reckless driving.  A reckless driving charge is FAR less expensive and has less of an impact on one’s driving record than a DUI.  Your license will not be suspended and you will not be required to install the ignition interlock.  Needless to say our client was thrilled.

In Arizona, when a person is charged with a DUI, likely they will be taken to a station and blood will be drawn.  A licensed phlebotomist will draw 2 vials of blood and send one to a lab.  The other vial is stored in evidence.  Once we receive the blood results from the lab, we consult with our DUI clients regarding their Blood Alcohol Content.

If the DUI client’s BAC is low enough to qualify for a reduced charge, we will have an independent lab retest the blood (many times the BAC comes back lower), then we negotiate with the prosecutor to ensure the DUI charge is dropped to a reckless driving.  Each DUI court in Arizona has a different standard of qualification, so it is imperative to discuss your results with an experienced and aggressive DUI Defense Lawyer in Arizona.

For a free consultation regarding your BAC results, call the DUI Defense Attorneys of Mostafavi, Marco & Wimmer today at (480) 540-3815 for a free consultation.  Or visit us at www.azduiguy.com.  Let our 25+ years of experience work for you to get the best results possible.

I have discussed, at length, the differences between an Arizona Chapter 7 “fresh start” Bankruptcy, and a Chapter 13 “reorganization” Bankruptcy.  (click here if you want to read an in depth Bankruptcy Blog Post).  Throughout my career I have met dozens of Bankruptcy Lawyers in Arizona, and I am proud to say that one of the best Chapter 13 Bankruptcy Attorneys I have ever met is my partner Andrea Wimmer.

Any experienced and reputable Phoenix Arizona Chapter 13 Bankruptcy Lawyer will tell you that they are no walk in the park.  After filing the Chapter 13 Bankruptcy petition and schedules and Chapter 13 plan, each creditor and your Bankruptcy Trustee has a chance to “voice their opinion” in your case through Chapter 13 plan objections and/or proof of claims.  After the Chapter 13 Bankruptcy is filed, the trustee will send the attorney a Chapter 13 plan recommendation.  The recommendation may include additional requests for information, changes in the plan terms, objections from creditors, and anything else the trustee feels is pertinent to accomplish in the case.

I overheard Andrea tell a colleague that she, and I quote, “loves Chapter 13 Bankruptcies“.  She described the Chapter 13 Plan Trustee Recommendations as a puzzle that she enjoys figuring out.  This passion for Chapter 13′s is one of the many reasons I believe she is one of the best Chapter 13 Bankruptcy Lawyers in Arizona.  Call me biased, but I call them how I see them.

If you are facing financial distress and want to reorganize your debt in order to live a normal, comfortable life AND pay down your debt, call us today for a free Chapter 13 Bankruptcy consultation at (480) 540-3815 or visit www.drbankruptcyaz.com.

Arizona is essentially a “Zero Tolerance” State, meaning that you can be charged with DUI even if you are under a .08 BAC.  Arizona DUI laws state you can be charged with a DUI if you are “impaired to the slightest degree”.  This is a very subjective (Officer’s discretion) standard.

Even prior to being pulled over the police are gathering facts about your case.  Their investigation begins as they note your driving pattern, such as swerving, signal use, lane changes, etc.  When you are finally pulled over they record the time it took you to stop, and the way you pulled to the side of the road.  By the time you are stopped it is likely the police have already determined you are “impaired”.

Additional signs of impairment that police officers look for once they approach your vehicle are:

1) Disheveled appearance/messy clothing

2) Blood shot, watery eyes

3) Open containers

4) Odor of alcohol

5) Slurred speech

6) Time it takes for you to get license and registration

These clues indicate that you are intoxicated, at which time the officer will ask you to step out of the vehicle.  If you know you are impaired, ask to speak to an Arizona DUI Defense Lawyer.  Once you make the request, the investigation is over, and the police can not question you further nor perform field sobriety tests.  They must either arrest you or let you go.

If arrested, the police will take you to the station and ask that you blow into a breathalyzer or draw your blood.  If you refuse, your license may be suspended for a year, and they can get a search warrant to get the breath or blood.  The police MUST give you a chance to call a Phoenix Arizona DUI Defense Attorney prior to taking your breath or blood.

It is imperative that you reduce the number of clues of impairment, aka evidence, that the police can include in their report when charged with a DUI in Arizona.  If you have further questions or concerns regarding these facts please call the DUI Defense Lawyers at Mostafavi, Marco & Wimmer at (480) 540-3815 or visit www.azduiguy.com for more information.  We offer free consultations in office or by phone.  Let our 30+ years of experience work for you.

We have noticed a recent trend in Arizona Personal Injury Law.  A quite illogical and wholly unfair practice by the insurance companies that ultimately is against the best interest of the insurance company and of the Arizona injury client .  You do not have to be a Phoenix Arizona Personal Injury Lawyer to understand this dilemma.  Quite honestly, a 3rd grader could tell you that the recent trend is completely illogical.

In the past insurance companies would offer fair settlements for Arizona Personal Injury cases, covering not only the medical bills and costs of the client, but also give the injured a little something extra for their pain and suffering/loss of enjoyment of life.  Those who have unfortunately been involved in an injury case understand that along with the pain and medical bills comes time off work/school, trips to the physical therapist, insomnia, and emotional distress that can negatively impact interpersonal relationships.  These fair settlements saved all parties involved time and money, by foregoing the need to litigate.

Recently, insurance companies have been far more aggressive, often offering Arizona Personal Injury Clients less their total medical bills.  This means that the injured would not get all their bills paid and get nothing for pain and suffering/loss of enjoyment of life.  This forces the Arizona Personal Injury Lawyer to file a lawsuit and litigate.  This increases costs for the insurance company, and often times results in an ultimate fair settlement.  Why the insurance companies would rather litigate than make a fair offer up front, that they would settle for in litigation anyway, is beyond me.

If you have been involved in a motor vehicle accident you will likely get a call from the insurance company offering you a very low settlement.  DO NOT ACCEPT IT!!  Call and Experienced Arizona Personal Injury Lawyer at Mostafavi Marco & Wimmer today for a free consultation.  We work hard to ensure you get a fair settlement, whether it be through negotiation or litigation.  Call us today at (480) 540-3815 or visit www.mmwazlaw.com.