Practice Areas

Bankruptcy

Chapters 7 and 13 of the Bankruptcy Code cover individual bankruptcies, and Chapter 11 covers business bankruptcy and reorganizations.  For individuals, it can be a difficult decision whether to file for Chapter 7 or Chapter 13.  Which is better depends largely on your particular situation, and having a lawyer who is highly experienced in dealing with cases that fall under both chapters is vital to helping you make the right decision.

Bankruptcy cases require extensive experience and meticulous attention to detail.  To prepare to file for bankruptcy, you need to provide your attorney with an extensive list of documents.  Additionally, you and your lawyer must examine the facts of your case and determine which, if any, exemptions apply to your case.  Arizona law provides for many possible exemptions, which can help protect some of your valuable property from creditors. 

Before deciding to file bankruptcy, it is important that you work with an experienced attorney to discuss all of your options.  In some cases, bankruptcy can be avoided altogether by loan modification and refinancing, working out payment plans with your creditors, or through entering an Arizona Consumer Credit Counseling or debt consolidation plan.  A lawyer who has a thorough understanding of bankruptcy law and the consequences of declaring bankruptcy, as well as the alternatives to bankruptcy, is best-equipped to help you.

Real Estate Foreclosure

If you have been having a difficult time making your mortgage payments, the bank may initiate foreclosure proceedings.  Sometimes, the only way to avoid having your home repossessed is to file for bankruptcy protection.  Contacting a lawyer quickly is important because Arizona law limits the amount of time you have before your home will actually be repossessed.  Arizona law does not allow you to reclaim your property after it has been foreclosed by paying the unpaid loan plus costs. 

Foreclosure is a complicated and intimidating process.  It is important that you contact an experienced attorney who understands the mortgage industry and how foreclosures work as soon as your bank initiates foreclosure to preserve your options, including bankruptcy, refinancing, loan modification or a payment plan.

Truth in Lending Act

The Truth in Lending Act (TILA) is a federal law that is intended to protect consumers and homebuyers from deceptive and unfair loan practices.  TILA requires disclosure of costs and terms in a loan so that consumers can be aware of what they are getting themselves into; this also allows them to shop around and obtain the best financing deal. 

Many people may not be aware that their mortgage loans violate TILA.  If your mortgage violates TILA, you may be entitled to damages whether you are in foreclosure or not.  If you are in foreclosure and we discover that your mortgage violates TILA, we may be able to stop the foreclosure process because your lender will want to settle the dispute with you.  TILA is a specialized area of law and only experienced attorneys have the requisite knowledge and negotiating and advocacy skills to successfully challenge mortgage companies.  We have experience litigating several TILA cases and are qualified to help you if you believe your mortgage terms were improperly disclosed. 

If you are having trouble facing mounting debts, if you are having difficulty making your mortgage payments and the bank is trying to foreclose on you, or if you believe your mortgage terms might violate TILA, The Law Office of James Portman Webster can help.  Contact us today for a free initial consultation so that we can answer your questions and discuss your options.