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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
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9th Circuit
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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
University of Arizona Logo
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.
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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.
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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
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Arizona School of Real Estate
Instructor
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Activities: teaches bankruptcy and real estate law
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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
Speaking Engagements
Numerous bankruptcy, foreclosure and law office management programs, Arizona
State Bar of Arizona
Ms. Drain has led or participated in more than 100 CLE programs
Professor, Scottsdale
Arizona School of Real Estate
Professor for more than 20 years - teaching on foreclosure and bankruptcy
Certifications
Law Professor
Arizona Summit Law School
Law Professor
Phoenix School of Law
Websites & Blogs
Website
Website
Legal Answers
54 Questions Answered

Q. Does Idaho have a hold on evictions
A: You are posting this in Arizona. Try reposting so Idaho attorneys can see it.
Q. Are memos on checks legally binding in a bankruptcy case?
A: You need a good creditor bankruptcy attorney. So much can happen to the HOA without one. Let me know if you want referrals.
Q. chapt 7 stimulus checks
A: I assume you do not have an attorney, or you would not ask. No one really knows. Most likely it will depend on your trustee and other non-exempt assets. Do not spend the stimulus without getting permission from the trustee.
Q. If I am planning to file a Ch 13 Bankruptcy, but have not yet, can I keep my tax return if I receive it BEFORE filling?
A: Don't file a chapter 13 unless you have a very experienced chapter 13 attorney (with more than 10 years of chapter 13 work). The failure rate with a good attorney is 40-50%. The failure rate with a bad attorney (one who does not care about their clients) is 95%. The failure rate for those who file their own chapter 13 is more than 98%. The timing on filing is important, along with a hundred other things. It is imperative that you list 100% of ALL your creditors (one chapter 13 attorney is blowing this off and his clients are going to be sued by the unlisted creditors). How you use your tax refund and other funds is tricky. Never pay back friends or relatives. Lots and lots of other rules regarding this and other questions you might not even know are important to ask. My point here - do your homework first before jumping into a bankruptcy, especially a chapter 13. Most good bankruptcy attorneys, like my office, offer a free consultation. Take advantage of that and save yourself time and lost sleep. I hope this is helpful.
Q. My refund was captured. How long until I get the money that the estate in not entitled to? Any laws on the timeframes?
A: The trustee has an obligation to collect all non-exempt assets, which includes tax refunds for the year you filed a bankruptcy. But, only a potion of the refunds. The trustee is not going to return your call if you have an attorney. If you don't - contact the United States Trustee's office and file a complaint (but make sure you called, email or wrote several times before complaining). If you do not have an attorney, we have a Self-Help Center at the Bankruptcy Court - 602-682-4007.
Q. Is term life insurance considered an asset in filing Chapter 7 bankruptcy in Arizona?
A: It is listed on Schedules A/B and exempted (for the proper amount) on Schedule C. You are best working with an experienced bankruptcy attorney. We offer a free consultation.
Q. We filed bankruptcy in 2009. It was discharged in 2009 and closed in 2012. Wells Fargo owed us money for putting forced
A: Depends on when the vehicle was repossessed and the law of the state where you live.
Q. is it legal for 2nd mortgage to foreclose, buy the house at auction, not payoff 1st mortgage but pay monthly payment?
A: This happens all the time. The first loan has not been paid off, therefore there is still debt owing - by you. If this is Arizona property, under 2 1/2 acres, then lender can foreclose if the loan is not paid, but they cannot sue you. That is the good news. The bad news is that you still have a debt, even though you do not have the home. The second mortgage had a right to sue you (assuming this was not a purchase money debt), but it does not appear there was a deficiency, otherwise they would have already done so. The new owner of the home will continue to pay as long as they want to keep the home. As far as "advice on how to proceed", there is no option. Try going to a lender that understands your situation. I really wish I had better news.
Q. I filed Ch 7 bankruptcy 04/19, my ‘19 tax refund is processing. Can the trustee keep my entire refund or just a portion?
A: It depends on your other non-exempt assets. Talk to your bankruptcy attorney, or, if you don't have one, make an appointment to talk to a volunteer attorney at the Bankruptcy Court's Self-Help Center - 602-682-4007.
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Contact & Map
2375 East Camelback
Suite 600
Phoenix, AZ 85016
USA
Telephone: (602) 246-7106
Fax: (602) 249-1969