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Arizona Bankruptcy · Mesa
Arizona bankruptcy,
in plain English.
Chapter 7 and Chapter 13 exist because Congress decided people shouldn’t be crushed by debt forever. The law has a way out, and it’s probably cleaner than you think.
The first thing to know
Everything stops.
The moment we file, a federal order called the automatic stay goes on the whole thing. Collection calls, garnishments, the letters, the court dates over unpaid debt. All of it stops. Not next week. Not after a hearing. The day the case is filed.
That single fact is why most people sleep the night they call me.
United States Bankruptcy Court
District of Arizona
Order — Automatic Stay
Effective the date of filing. No hearing required.
Mark Atchley
Counsel of record
Filed
How people get here
Most people came by their debt righteously.
A medical bill the insurance didn’t cover.
A divorce that split one household into two.
A small business that didn’t make it.
Helping a family member, and then another.
Years of getting by on credit until the math stopped working.
Debt like that isn’t a character flaw. It’s a math problem, and math problems have answers.
What you keep
What you keep.
Arizona protects more home equity than almost any state, and caps wage garnishment at less than half the national norm.
What you keep
Equity in your home
A vehicle
The furniture
The tools you work with
What you don’t, sometimes
A tax refund, depending on timing and the trustee.
Equity beyond the protected amounts, which is rarer than people fear.
A second vehicle’s equity, in some cases.
The honest answer: it’s a short list, it’s specific, and we know exactly which list you’re on before we ever file.
The full rundown: What you can keep in an Arizona bankruptcy.
Chapter 7 and Chapter 13
Two chapters. One conversation tells you which.
Personal bankruptcy comes in two forms, named for the chapters of the law that create them: Chapter 7 and Chapter 13.
7
Chapter
The fresh start.
Most unsecured debt — cards, medical bills, personal loans — is gone in a few months. For people who do not have much to protect and need the clean break.
13
Chapter
The catch-up plan.
For people catching up on a mortgage, protecting something they’d lose in a 7, or with income too steady for one.
Not sure which one you’d qualify for? That’s exactly what the means test sorts out, with current numbers and a plain walkthrough. See the means test →
Sometimes the answer is 7. Sometimes it’s 13. Sometimes it’s neither, and I’ll tell you that too.
A note from Mark
The call takes 15 minutes. That’s usually enough to tell you whether bankruptcy makes sense, what you’d keep, and what life looks like on the other side. I’ve been doing this work since 1993.
— Mark Atchley
It starts with a conversation with me. And the team that helps runs every case by me. Nothing goes out the door I haven’t reviewed.
Let’s clear the air
Common fears vs. actual reality.
The fear
Bankruptcy will ruin my credit forever.
The reality
It costs points up front, and the bleeding stops. Most people’s credit was already taking monthly damage from the missed payments that brought them here; after discharge, rebuilding starts instead. More on credit after Chapter 7.
The fear
Everyone will know I filed.
The reality
Filings are public records that almost nobody ever looks at. No notice goes to your employer, your landlord, or your neighbors. In practice, the people who know are the people you tell.
The fear
I make too much money to file.
The reality
The income test is more generous than people assume, and being over it opens Chapter 13 rather than closing the door. See the means test.
The fear
I’ve waited too long for this to work.
The reality
There’s no deadline you’ve missed. The right time was probably a while ago; the second-best time is before the next garnishment or judgment.
What clients say
Real words from real people.
From public reviews, exactly as written.
“From the very first phone call, Mark put me at ease. He explained everything in plain English and never made me feel judged. I walked away with a real plan and a fresh start I didn’t think was possible.”
Danielle R.
Gilbert, AZ
“Mark and his staff are the best of the best. He’s very professional, hard-working, competent, and understanding. We felt he had our best interest in mind the entire process from start to finish. I highly recommend Atchley Law Firm.”
Carmen C.
Chandler, AZ
“Mark is a great guy that cares about his clients. Excellent attorney that knows all the ins and outs of the system and how to make the process go smoothly.”
Craig F.
San Tan Valley, AZ
The next step is just a phone call
Call me. We'll figure it out together.
First conversation’s free, and you’ll leave knowing exactly where you stand. No pressure, no judgment.