At Dunaway Law Group our clients come first. Every client is treated with courtesy and respect. Our focus and integrity have earned us the reputation as one of Arizona's most dedicated law firms.
Our consistent track record of uncompromising ethics instills confidence and trust. We use cutting edge technologies that allow us to respond quickly, and give you the most relevant information and perspectives.
The Dunaway Law Group is dedicated to helping Arizonians rid themselves of unwanted debt.
We strive to treat every client the same way we would like to be treated.
Clint Dunaway, Esq. received a Bachelor of Arts in Political Science from Brigham Young University in 2005. He then earned a Juris Doctorate from the University Of Dayton School Of Law in 2010. During law school Mr. Dunaway was an active member of the J. Reuben Clark Law Society Student and served on its national Student Chapter Board's Membership, Technology, and Finance committee.
Since graduating from Law School, Mr. Dunaway has been admitted to the Arizona state bar, the United States tax court, and the United Stated District Court, District of Arizona. Additionally, Mr. Dunaway is an active member of the J. Reuben Clark Law Society, East Valley Bar Association, and the National Association of Consumer Bankruptcy Attorneys.
In his free time, Mr. Dunaway enjoys taking long bike rides, watching football, and spending time with his family.Education
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
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While in law school I quickly learned that the real answer to any legal question is, "it depends." Because for every rule that exists there is always many exceptions. Therefore, the answers listed below are GENERAL rules and still may be subject to certain important exceptions. To get the most accurate answers to your important legal questions contact us for a free consultation.
If I File for Bankruptcy Can I Keep My Car?
Yes, you can keep your vehicle, however, there are several important things to keep in mind. First, if there is a lien on your vehicle you must keep making your payments in order to keep your vehicle! Second, if you are single and you have more than $5,000 in equity in your vehicle then you must either pay the amount the vehicle is worth in excess of the exemption to the Trustee or give the vehicle to the Trustee and he or she will sell the vehicle and return $5,000 to you. If you are married then you are allowed up to $10,000 of equity in a single vehicle or $5,000 in two separate vehicles.
If I File for Bankruptcy Can I Keep My House?
It depends. To file a Chapter 7 bankruptcy and keep your home your must be current on the mortgage or else you may lose it through foreclosure. However, if you are not current on your mortgage and you file a Chapter 13 bankruptcy it is possible to keep the home. The arrearages on the home mortgage are paid through the Chapter 13 plan.
I've Already Filed for Bankruptcy Before, Can I File Again?
It depends. You cannot file for Chapter 7 bankruptcy if you obtained a discharge of your debts in a Chapter 7 within the last EIGHT years, or a Chapter 13 within the last SIX years.
Can I Discharge my Student Loans in Bankruptcy?
Generally speaking, no, student loans cannot be discharged in bankruptcy. However, there is one major exception to the general rule. Student loans can be discharged in bankruptcy if it can be shown that it would be an "undue hardship" for you to pay back the loans.
Can I Discharge My Taxes in Bankruptcy?
Generally speaking, no, tax debt cannot be discharged in either Chapter 7 or Chapter 13 of bankruptcy. However, tax debts can be eliminated if:
What is the Means Test? Determining Eligibility for Chapter 7 Bankruptcy
Since the 2005, changes to the U.S. Bankruptcy Code, the means test has been a required method of screening bankruptcy filers to see if they have the ability to pay back a portion of their debts. If the test shows an ability to pay, then the applicant is not eligible to file for Chapter 7 debt liquidation and must instead file a Chapter 13 debt reorganization.
The means test is ultimately the deciding factor as to whether you will be able to have your debt liquidated in a Chapter 7 bankruptcy or will instead need to file Chapter 13 bankruptcy and repay a portion of the debt. When you come to us, we will analyze your finances and determine if you "pass" the means test or not.
To arrange a free initial consultation with an experienced Mesa bankruptcy means test lawyer, please call 480-246-8033.
Step One of the Bankruptcy Means Test: Comparing Your Income to the State Median Income
The first part of the means test is simply a comparison: How does your household income compare to the median income in Arizona for a family the same size as yours? On November 1, 2011, the U.S. Department of Justice released its official annual adjusted median income data. In Arizona, the median data is:
Step Two of the Bankruptcy Means Test: Calculating Disposable Income and Unsecured Debts
In the second part of the means test, certain expenses are deducted from your gross income to arrive at your disposable income. If your projected disposable income for the next five years is less than $100 a month ($6,000 total), you most likely pass the test and are eligible to file for Chapter 7. If your disposable income projects to be more than $10,000, you likely will not be eligible.
If your projected disposable income is between $6,000 and $10,000, then we will compare your disposable income to the amount of unsecured debt you have. If your disposable income is less than 25 percent of your unsecured debts (such as credit cards and medical bills), you will very likely pass the test and qualify for Chapter 7 bankruptcy.
What Can Be Deducted From Gross Income?
The Internal Revenue Service (IRS) allows you to deduct many expenses, which reduces your disposable income and increases your chances of passing the test. The full list is very detailed; however, here are few examples of eligible deductions:
Contact a Mesa, Arizona Chapter 7 Attorney for a Free Consultation
To learn more about the bankruptcy means test and whether you qualify for Chapter 7 bankruptcy, schedule your free initial consultation by calling 480-246-8033.