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Hire Mortensen if you want the following:
25 years of actual Bankruptcy Experience and 8000+ Successful Bankruptcies
Goggle Reviewed BK Attorney in Arizona - See below
No Court Guarantee
You will never have to go to see a Judge. See below
Your eligible debts will be GONE! See below
$0 Down - Payment Plans Available
Mortensen Law Offices have been at the forefront of consumer bankruptcy in Arizona for over 16 years. Our offices have interviewed, advised, and served tens of thousands of Arizona individuals, families, and small businesses relative to insolvency, debt relief, and bankruptcy matters.
Mortensen Law Offices, PLLC is a federally designated debt relief agency pursuant to Title 11 of the United States Code. We provide legal assistance and help people file for bankruptcy relief under the Bankruptcy Code. We commit to provide you with accurate and timely information concerning bankruptcy. The purpose of this website is to answer common questions that many clients have in deciding whether or not to pursue filing bankruptcy.
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Wayne received his Bachelor of Arts Degree in Political Science from Brigham Young University in 1994. While at Brigham Young he had the opportunity to live in Washington D.C. and complete an internship for Congressman John Rhodes.
After completing work at Brigham Young, Wayne received his Juris Doctorate from California Western School of Law. It was at Cal Western where Wayne became interested in Bankruptcy Law. During his final semester at law school he was accepted to an externship with with Judge Charles Case (U.S. Bankruptcy Judge District of Arizona).
Wayne’s practice is limited to consumer law with a strong focus on Chapter 7 and Chapter 13 bankruptcy. Wayne also deals with back IRS taxes and Student Loan Discharge in bankruptcy. During his eleven years of practice he has helped thousands of individuals and small businesses successfully navigate the convoluted area of bankruptcy law.
We'll Help You Through The Whole Process
Follow These Steps To Save $200 On Attorney Fees!
Step 1: Paperwork & Free Consultation
Complete this form, prepare your paperwork and Schedule a consultation with Wayne, not a Paralegal or Document preparer. Meet with a Lawyer that has more than 5,000 successful cases worth of experience!
Step 2: Documents & Court Filing
Bring the signed documents to your meeting and we'll file them for you. We are with you step by step the entire process. Once the case is filed the harassment from your creditors will stop! No more garnishments, no more calls. It’s time to plan your fresh start!
"One of the best attorneys you could ask for Wayne Mortensen law office Helped me through one of the most difficult times I thought I would go through. He made everything simple and gave me his best advice to what i should do and here I am almost done with this inconvenience I had in my life. Thank you Wayne Mortensen and associates."
- Johnny C.
How much is it going to cost? I don't want any hidden fees or surprises!
What Can I Keep If I File? Can I keep my house & Cars? What about Tax Returns?
What Is The Process? What do I have to do & how long does it take?
Want to Save $200 in Fees? We'll help you through this process and help you save.
Schedule Your Legal Consultation Now!
Mortensen Law Is The Highest Rated Tucson Bankruptcy Attorney
Hundreds of 5 Star Reviews!
What Is Chapter 13 Bankruptcy?
Stop a Forclosure
Don't Lose Your Car
Work With Creditors
Make Ends Meet
A Chapter 13 is a reorganization case where the debtors propose a repayment plan to pay their creditors. It is based on the debtors ability to pay after taking care of their most basic needs on a monthly basis. It allows a debtor to adjust his or her economic affairs without liquidating assets as may occur in a Chapter 7 liquidation case.
A Chapter 13 is a repayment plan submitted to the court to repay all or some of the debts owed over a period of 36 to 60 months (3 to 5 years). Once the court approves the debtors plan, the debtors payments into the plan are distributed out to the debtors creditors by a Chapter 13 trustee appointed by the court.
Upon the successful completion of the plan, the debtor receives a discharge of most debts, whether or not the plan proposed to repay all creditors 100%. Most Chapter 13 cases do not repay all creditors a dollar on the dollar for claims submitted in the case.
Chapter 13 cases should be considered by those who need bankruptcy, and
Want to stop a foreclosure sale, or cure pre-bankruptcy arrears on their home.
Need to prevent the repossession of their car, or recover property already taken by creditors
Can afford to pay their debts, but cannot get the creditors to agree to a reasonable plan
Want to show future creditors that they did all they could to repay their debts by reorganizing
The debtor is not eligible for Chapter 7 relief because of prior bankruptcy filings
The debtor earns too much to qualify for a Chapter 7 discharge.
The debtor needs to stop late charges and interest on credit cards to be able to make ends meet
The debtor wants to protect a codebtor (co-signer) on an obligation by invoking the §1301 stay
Want to pay the fair market value of a dependable car purchased more than 30 months ago
Owe taxes that cannot be discharged in bankruptcy, but can be paid off in a Chapter 13
Owe debts that cannot be discharged in a Chapter 7 but are dischargeable in a Chapter 13
What Is Chapter 7 Bankruptcy?
"Wayne has been of tremendous help to me. He explained and answered all of my questions about the process of bankruptcy. His staff is also very helpful. I would strongly recommend him if needed to family and friends."
- Georgina M.
Chapter 7 bankruptcy is a federal court proceeding where honest debtors are forgiven many of their outstanding obligations. It is called a liquidation proceeding because a trustee is appointed to ascertain which of the debtors assets are not protected and are subject to being sold by the Trustee’s Office for the repayment of creditors.
On the day that a Chapter 7 proceeding is filed with the court, all of the debtors assets become property of the Bankruptcy Estate. Assets that are Exempt are protected. Assets that are not protected may be taken by the Trustee and sold in order to allow a distribution of money out to the debtors creditors.
When the Chapter 7 is filed, a protection order called the Automatic Stay is immediately issued by the court. The Automatic Stay requires that your creditors cease all harassment, collection activities, garnishments, lawsuits, foreclosures, and repossessions. The Automatic Stay provides you with a powerful shield of protection that allows you and your family to resume your daily routine without having to worry about creditor intrusion, annoying phone calls, angry attitudes, and disruptive repossessions or foreclosures.
The Automatic Stay is a the first step to obtaining your Fresh Start and regaining your peace of mind. It is very important that you speak with an experienced bankruptcy attorney before selling any assets or paying any debts that are not in the ordinary monthly course of your home or business. Once a Chapter 7 proceeding is filed and a trustee is appointed, there will be a date set for the debtor to appear at a hearing called the First Meeting of Creditors. It is important that you discuss in advance with your attorney what will happen at the hearing. In order to file a Chapter 7 case you must first assist our offices in the preparation of your filing paperwork. It is critical that this paperwork be complete and accurate. You will also need to speak with a credit counselor to obtain a Credit Counseling Certificate. No one can file a bankruptcy without a Credit Counseling Certificate issued by an authorized counselor.
In order to be eligible for Chapter 7 bankruptcy relief, your total household income, averaged over the 6 month period before your case is filed, must be less than the median income for a family or household of your size in the State of Arizona. If your gross income is higher than the median income for a family of your size, we must make a calculation (called the “Means Test”) which will determine whether you can afford to pay some of your unsecured creditors in a Chapter 13 bankruptcy over a period of 36-60 months. The outcome of this calculation will determine if you qualify to file a Chapter 7 proceeding. No one is eligible to file a Chapter 7 case when they have filed a previous Chapter 7 in the last 8 years, or if they have received a discharge in a Chapter 13 proceeding filed in the last 4 years that failed to pay unsecured creditors at least 70% of allowed claims.
In most cases the Court will enter a discharge order about 3 or 4 months after the meeting of creditors. This means that the Court orders your creditors to never attempt to collect the debt in the future. If they try to collect in the future, you should contact our offices immediately.
However, remember that not all debts are dischargeable. Debts that survive bankruptcy will have to be paid or the creditor may resume collection activities after the case is discharged.
5151 N Oracle Rd, Tucson, AZ 85704
7012 E Broadway Blvd, Tucson, AZ 85710
**While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific bankruptcy issue is to contact a lawyer. To schedule a consultation with an attorney, please call or complete the intake form.
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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