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Helping Clients and Seeking the Protection of the Law When Financial Problems Arise

Overwhelmed in Debt, Threat of Garnishment OR Foreclosure? Click Here!

Areas of Practice

Fields of Expertise
  • Bankruptcy
  • Chapter 7
  • Chapter 11
  • Chapter 12
  • Chapter 13
  • Debt Reconciliation Negotiation
  • Fair Debt Collection Practices Act
  • Mortgage Modification

Our Locations

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Brand and Associates, PLLC
4720 E. Cholla Street, Phoenix, AZ 85028

(602) 707-7112

grbrand@me.com

Prescott Office:
140 N Montezuma St
Prescott, AZ 86301

(928) 704-1777







Prescott:


Scottsdale:

Topics of Current Interest

“ATTENTION: There are current issues that should be considered by anyone feeling the pinch of Covid-19 and the results of the pandemic upon their finances.
If your economic survival during trying year has relied upon the furloughs in payment of residential mortgages and school loan payments, then there are some issues you should consider, and actions you should take.
Residential Loans: We have experienced executive orders which forbid lenders (particularly those which are subject to Federal law such as FHA, FNMA, GNMA and those rendered by Federally Insured Banks and Savings and Loans) from instituting foreclosures and action to otherwise enforce their obligations. Beware that with the vaccine and increased immunity, these executive orders may cease and the loans and accumulated defaults may become due. If you find yourself facing these circumstances, remember that the Bankruptcy Code does provide relief in such instances. Chapter 13 will allow you to spread those defaults equally over a 60 month period in addition to making your regular payments. Also, if your payments are still too onerous, there is an opportunity to seek a modification of those loans within the bankruptcy process along with regular bankruptcy relief. Call to discuss these issues.
Student Loans: Similarly, student loan payments have been furloughed since last April 2020. While we await a return to normalcy, there have been several interesting developments in dealing with the enormous debt many students have accumulated. As you may know, there has been a provision in the Bankruptcy Code for over twenty years which limited a discharge of the student loan debt to only those debtors who suffered “undue hardship” in making the payments. Consequently, in some cases, the debt totaled tens of thousands or even hundreds of thousands of dollars which may never be repaid, yet their burden did not justify a discharge.
Late in 2020, the House passed a bill which proposed to erase the provision of the Code denying student loans and to permit the same treatment as other loans. It appeared that such a bill had little chance of passing the Senate at that time, but with the new Senate in 2021, there has been a new bill proposed much like the House Bill. It is called The Medical Bankruptcy Fairness Act of 2021. Among other things it similarly erases the distinction between student loans and other debt. It also grants a universal Homestead exemption in Bankruptcy of $250,000, thereby expanding the Arizona Homestead of $150,000. Also, there is a Provision to change the application of Chapters 7 and 13, and for removal of the current need for debt counseling.
Some of these issues may not pass joint conference, but it would seem that the Administration would support a method of ridding itself of the issue of student debt while blaming the Courts and Congress for the discharge itself. This would avoid the need for yet another unpopular executive order. We would urge those of you who are burdened with student loan debt to contact your Senators and ask that they support at least the bankruptcy discharge of student loans. We can then help you with this obligation which has arisen from the incredible student tuitions that most can no longer afford.
The Means Test: We are told that many of you are being told that your incomes are too great without completion of all phases of the Means Test. If you have been told that your income or your joint incomes are too great and that you must face the expense and five-year duration of Chapter 13, let us review your records to determine whether we can, through the proper application of the second and third stages of the Means Test, file a Chapter 7. Call us at 602-363-0732 and we can discuss the issues.

We remove your economic stress by rendering bankruptcy legal services in Scottsdale and Prescott, Arizona, to discharge debts or reorganize them to fit your budget. Call Now!

Brand and Associates, PLLC
Applying the Law to Protect Clients and their Assets

Representing your Best Interests

High-Quality Legal Services

Tailored to your needs

Brand and Associates, Protecting your rights

Call Today For A Free Consultation

Scottsdale (602) 707-7112

Prescott (928) 704-1777


Brand and Associates, PLLC

Representing Individuals & Businesses

Brand and Associates, PLLC is an established law firm with offices in Prescott and Scottsdale Arizona, providing a wide range of debt resolution and asset protection legal services to our clients. Whether an individual, small or large business we offer personalized service to understand client needs.

A track Record Of Success

You can be assured of our intensive attention to every detail of the legal issues. We always begin with a cost free consultation by Telephone and/or in person to become acquainted with you and you with us. We want to become familiar with every Detail concerning your unique problem then we can discuss an agreement.

 We Can Help

Call without further delay so that we can find a cost-effective resolution as quickly as possible.

Serving Scottsdale and Prescott

Scottsdale Office:

4720 E. Cholla Street

Phoenix, AZ 85028
(602) 707-7112

Prescott Office:
140 N Montezuma St
Prescott, AZ 86301
(928) 704-1777