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Diane L. Drain

Diane L. Drain

Helping You Get Your Life Back on Track
  • Bankruptcy, Consumer Law
  • Arizona
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Summary

Our clients come to us at a time they are overwhelmed and scared. Everyone has a right to a peaceful night’s sleep without the worry of unwanted phone calls, law suits or their wages being garnished. We want all our clients to have that peace of mind and know we are in their corner. Some attorneys went to law school to make their fortune; I committed my life to making a difference for those who need a helping hand. Many believe they cannot afford good legal advice. That may be true for some, but NOT for consumers seeking advice regarding bankruptcy because the initial advice is free, at least at our office.

Some people believe they can prepare their own legal documents: bankruptcy, complicated tax returns or plan their own estate. They do not understand the planning that goes into every bankruptcy. Without proper planning they will lose their tax refunds or other non-exempt property. Worse yet is that they repaid relatives or transferred assets, then filed bankruptcy. Now the bankruptcy trustee demands the relatives return the funds or face a law suit. When this falls apart the same people who filed their own bankruptcy pay hundreds of dollars to hire a lawyer, but find that once the problem is created it cannot be undone without a lot of work, if ever.

As a well known attorney, Diane truly believes that “when you find your passion, going to work every day is a joy, not a job.” Her clients and fellow lawyers can attest to her passion and commitment to excellence. She practices only the areas of bankruptcy. Diane is a retired professor of law and has taught bankruptcy since 1990. Since 2006 she has received an AV rating by Martindale-Hubbell. This is the highest rating for an attorney and shows that she reached the pinnacle of professional excellence and is recognized for the highest levels of skill and integrity by both her clients and fellow lawyers.

Something to consider - you would not do your own surgery, so don't try filing your own bankruptcy.

Practice Areas
  • Bankruptcy
  • Consumer Law
Additional Practice Areas
  • Chapter 7 bankruptcy
  • Chapter 13 Bankruptcy
  • Trustee Sales
Fees
  • Free Consultation
    As a retired law professor my focus is to educate everyone about the bankruptcy process (both debtors and creditors). We offer a detailed free consultation for everyone, including referrals to other non-bankruptcy options. Our fees are based on the complexity and type of work needed. Normally we offer flat fees with a focus on your ability to pay, depending on circumstances.
Jurisdictions Admitted to Practice
Arizona
9th Circuit
Languages
  • English: Spoken, Written
Professional Experience
Attorney
Law Office of D.L. Drain, P.A.
- Current
Law Office of D.L. Drain, P.C. was founded in 1990 by Diane L. Drain, counselor and attorney-at-law, an Arizona native. Ms. Drain has over thirty years of practical legal experience. Since 1985 she has worked as a lawyer in Phoenix, Arizona. She is licensed in the State of Arizona and the United States District Court of Arizona and the United States Court of Appeals for the Ninth Circuit. Ms. Drain left her large firm to open her own firm focusing on creditor and debtor rights and real property lien enforcement. Prior to law school Ms. Drain spent 15 years as a paralegal and law office administrator. She regularly appears before the United States Bankruptcy Court. Ms. Drain is a conservative and practical advocate for her creditor and debtor clients.
Education
University of Arizona
J.D. | law
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Honors: Law Review
Awards
highest rating possible by both peers and clients
Avvo
38 clients reviews and 19 peer endorsements - for a rating of 10 out of 10 since 2011.
Ruth V. McGregor Award
Arizona Women Lawyers Association, Maricopa County
This reception is a celebration of individuals who support women in the law by contributing to the advancement of women in the profession. Diane Drain, Esq., is our honored guest this year and will be receiving the Ruth V. McGregor Award for her support of women in the law. Ms. Drain focuses her solo practice on bankruptcy and has been a long-time, active participant in AWLA, and currently serves in a leadership role on a number of boards and committees including the State Bar of Arizona Board of Governors, the State Bar’s Bankruptcy Section and Sole Practitioner/Small Firm Section.
Lifetime Achievement Award for her contributions to helping Arizona citizens understand their rights in bankruptcy
State Bar of Arizona, Bankruprtcy Section and Bankruptcy Court
Chief Judge Daniel Collins, of the Arizona Bankruptcy Court, presented Diane with a Lifetime Achievement Pro Bono Award, sponsored by the Arizona Bankruptcy Section, “(f)or a career of overwhelming and extraordinary pro bono services in establishing the Bankruptcy Court Self Help Center and leadership in the bankruptcy pro bono programs.”
Service and Volunteerism as the Small Business Annual Award.
Governor's Commission
Arizona State Bar President’s Award
State Bar of Arizona
Received the Arizona State Bar Member of the Year Award
State Bar of Arizona
Professional Associations
Arizona Consumer Bankruptcy Counsel 'ACBC'
co-Founder and co-Executive Director
- Current
Activities: ACBC was established to help consumer debtor attorneys in better representing their clients. Our goal was to raise the level of professionalism within the consumer debtor bar and undo the damage done by TV advertising firms that treat their clients like cattle. We have had two successful runs at passing new laws to protect the Arizona consumer.
various organizations
lawyer
- Current
Activities: Following the lead of her mentors, Ms. Drain is also dedicated to teaching. Since 1988 she has taught basic bankruptcy and real property issues at the Arizona School of Real Estate. She also teaches her fellow practitioners how to efficiently manage their law firms. She has published numerous articles on law office management and technology for the American Bar Association, State Bar of Arizona and many of the County Bar Associations; along with several local newspapers, including the Arizona Business Gazette. In 1994 she established The Legal Resource Group to help bring technology to law firms. In addition to being a member of the State Bar of Arizona and the United States District Court, District of Arizona, she is also a member of several professional associations: National Association of Consumer Bankruptcy Attorneys, various State Bar sections: including the State Bar Professionalism Committee, the Bankruptcy Section and the Real Property Section. Ms. Drain is a past President of the Maricopa Chapter of the Arizona Women Lawyer's Association, a past Chair of the Solo Practitioner's Section of the Arizona State Bar, a past Chair of the Maricopa County Continuing Legal Education program and the founding Chairperson for the Arizona Trustee's Association. Ms. Drain was appointed by the Supreme Court to the Commission on Judicial Review and the Supreme Court's Commission on Technology. Ms. Drain's community activities include participation in the Volunteer's Lawyers Programs, Law Week, Senior Citizens Law Project, Legal Assistance for the Elderly, and Volunteer Mediation Services. in 2009 she received Governor's Commission on Service and Volunteerism as the Small Business Annual Award. She also assists as a practice monitor for the State Bar's Law Office Management Assistance Program.
Board of Governors, State Bar of Arizona
Board member
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Arizona Summit Law School
Ret. Adjunct Professor
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Activities: teaches bankruptcy law and law office administration
Arizona School of Real Estate
Instructor
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Activities: teaches bankruptcy and real estate law
Publications
Articles & Publications
Best Practices for Filing Chapter 13, 2012 ed
spatore Books, a Thomson Reuters business
The Road to Independence, Commission on Women in the Profession
American Bar Association
• Flying Solo: A Survival Guide for the Solo and Small Firm Lawyer
American Bar Association
Life, Law and the Pursuit of Balance; A Lawyer's Guide to Quality of LIfe
American Bar Association
Websites & Blogs
Website
Website
Legal Answers
29 Questions Answered

Q. (BK 7) Parent helped pay for back mortgage pymnts (3) directly to mortgage company is that an issue.
A: Expenses paid by others is "income" - but there are four places that income is addressed in a bankruptcy. Bankruptcy is a very complicated process (somewhat like a Rubik's cube - one answer changes others). Please take time to educate yourself about bankruptcy before jumping into the unknown. As part of your education watch the Bankruptcy Court videos (link below) which explain the bankruptcy players and how bankruptcy works. Important - do not assume the information you see on the Internet is accurate or applies in your situation. Most Arizona consumer bankruptcy attorneys offer a free consultation about the basics of bankruptcy. Please take time to educate yourself and to determine which attorney is the best to assist you in the process. It is best to interview two or three attorneys before making a decision who to hire. Talk to the attorney you will be working with, not a staff person. When interviewing the attorney ask how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask about their policy of returning phone calls. Ask the attorney for references. Don’t assume the attorney is being honest about their experience and capabilities. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as www.AVVO.com, and the State Bar (make sure they do not have complaints), also look at their online reviews. Any good bankruptcy attorney should be committed to answering specific questions about your situation and help you understand your options. At all times remember this is your bankruptcy and you should understand what is happening. The attorney should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. In other words, they should be your guide through this process. There are hundreds of “bankruptcy” attorneys in Arizona. Of those, just a few will fit the criteria set forth above. https://www.youtube.com/watch?v=jobpaNCY-LU&feature=player_embedded I hope this information is helpful.
Q. Is a brokrage account (e-trade) of $295.00 an exempt asset? I have no current job (were living off my partners income).
A: It depends on whether you use Arizona (lived in Az for more than 2 years) or federal exemptions. Bankruptcy has thousands of rules governing specific situations. If you have an attorney - ask them which question. If you do not, then consider hiring an experienced attorney to help protect you and your family. My best to you.
Q. filed chapter 7 8 mo ago didn''t qualify. filing again now and do qualify. what problems will i face
A: You need to ask the attorney to answer your questions. You paid their fees so have a right to understand what you are asked to do. Ethically the paralegal cannot give you legal advice, only the lawyer.
Q. Why do I need to endorse my entire tax refund to my trustee if she says she would only take a portion of it.
A: In our office, we work with the trustee to pay only a portion, but that can depend on the trustee. If you have an attorney you need to ask for their guidance. If you do not have an attorney you should talk to a volunteer attorney at the Arizona Bankruptcy Court - www.azb.uscourts.gov.
Q. Can I get a used car a month before filing bankruptcy?
A: The short answer is "yes", but there is a lot more information that you should know before filing a bankruptcy. I realize this is a challenging time & you have lots of questions. It is okay to be anxious & overwhelmed. You are on the right track to educate yourself about how to deal with your financial situation. As a lawyer & retired law professor I am committed to education as a foundation for anyone considering bankruptcy. Your current financial issues, including possible bankruptcy planning, are often like a Rubic's cube where many competing issues must be solved simultaneously. Such as: protecting basic necessities, using credit cards, estate planning, tax issues, foreclosure & survival after bankruptcy. Please go to www.DianeDrain.com - click "free bankruptcy consultation" button. Watch 9 short Bankruptcy Court videos which will explain basic bankruptcy issues. Then completely fill out an on-line questionnaire form & press “submit”. It will take 30-45 minutes, but is very important in order for me to guide you as to options. Then I will call to schedule a free 30 minute phone call.
Q. I filed a Ch7 in May 2018 and was granted a discharge. My case is still open because the trustee wanted to wait until I
A: Unfortunately the trustee has an obligation to collect all non-exempt funds. The current Arizona law does not protect earned income credit or child care credit. Most Arizona consumer bankruptcy attorneys give free consultations and this issue is discussed every time. This is why I suggest most of my new clients wait to file their bankruptcy until they receive and properly spend the refunds (there are rules in how to spend the money). Ironically I was just meeting with a reporter from the Arizona Republic who is doing an article on this very issue. You might want to call him with your story - Russ Wiles, 602-444-8616. It won't make a difference in your case because you already filed the bankruptcy, but it will make a difference in the future because a group of us is looking to change Arizona law and we need your help to convince the Legislature this is a very important issue. Feel free to call me if you have any questions (602-246-7106) or you can contact the Self-Help Center at the Arizona Bankruptcy Court (602-682-4007). My best to you.
Q. How does bankruptcy affect tax refunds?
A: I realize this is a challenging time & you have lots of questions. It is okay to be anxious & overwhelmed. You are on the right track to educate yourself about how to deal with your financial situation. As a lawyer & retired law professor I am committed to education as a foundation for anyone considering bankruptcy. Your current financial issues, including possible bankruptcy planning, are often like a Rubic's cube where many competing issues must be solved simultaneously. Such as: protecting basic necessities, using credit cards, estate planning, tax issues, foreclosure & survival after bankruptcy. Please go to www.DianeDrain.com - click "free bankruptcy consultation" button. Watch 9 short Bankruptcy Court videos which will explain basic bankruptcy issues. Then completely fill out an on-line questionnaire form & press “submit”. It will take 30-45 minutes, but is very important in order for me to guide you as to options. Then I will call to schedule a free 30 minute phone call
Q. What is a deed in lieu of foreclosure?
A: Here is an article that should answer your questions: https://dianedrain.com/real-estate-articles-links/deed-lieu-foreclosure/ My best.
Q. If I hand the keys to the bank default on my home loans and walk away, can the banks come back and attach my other asset
A: Since you asked about home loans - plural, then the answer is "maybe". It depends on the type of loan, the use of your property and why it was purchased.
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Contact & Map
2375 East Camelback
Suite 600
Phoenix, AZ 85016
USA
Telephone: (602) 246-7106
Fax: (602) 249-1969