FAQ

Straight Answers, No Legalese

Whether you’re dealing with overwhelming debt, a threatened repossession or foreclosure, an injury that wasn’t your fault, or planning for your family’s future, it’s normal to have a lot of questions before you ever pick up the phone. Below, Rock Law Firm answers the questions we hear most often from clients across Arizona — plain language, no judgment, no pressure.

Don’t see your question here? Reach out — we’re happy to talk through your specific situation for free.

Bankruptcy

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

Chapter 7 liquidates non-exempt assets to discharge most unsecured debt within a few months and doesn’t involve a repayment plan. Chapter 13 lets you keep your property and repay your debts over a three- to five-year court-approved plan. Chapter 7 generally suits lower incomes and mostly unsecured debt; Chapter 13 suits those catching up on a mortgage or car loan, or with income too high for Chapter 7.

Yes. Filing for bankruptcy triggers an automatic stay — a federal court order that immediately stops most collection calls, wage garnishments, lawsuits, foreclosure, and repossession actions while your case is pending.

Chapter 7 bankruptcy can eliminate debt obligations by using assets to repay what can be repaid and wiping your financial slate clean.

Chapter 13 bankruptcy allows the debtor to reorganize debt and create a more realistic and manageable repayment plan without getting further behind or being harassed by creditors.

Repossession

Yes. Arizona is a self-help repossession state, meaning a lender generally doesn’t need to give advance notice or go to court before repossessing a vehicle once you’re in default. Repossession agents cannot, however, breach the peace — including using force or entering a locked garage without permission.

You generally have the right to redeem the vehicle any time between repossession and sale by paying the full loan balance plus reasonable repossession and storage costs. Filing Chapter 13 bankruptcy can also, in many cases, let you recover a repossessed vehicle by including missed payments in your repayment plan.

Foreclosure

Most Arizona foreclosures are non-judicial trustee sales, which take a minimum of 91 days from the recording of the Notice of Trustee’s Sale to auction. Including the federal 120-day pre-foreclosure delinquency period, the full process typically runs about 7 to 8 months.

Yes. You generally have the right to reinstate your loan by paying all overdue amounts, fees, and costs up until the last business day before the sale. Other options include loan modification, a short sale, deed in lieu of foreclosure, or filing bankruptcy, which triggers an automatic stay that halts the sale immediately.

It depends. Arizona’s anti-deficiency laws generally protect homeowners from a deficiency judgment after foreclosure of a qualifying home (a single one-family or two-family dwelling on 2.5 acres or less, purchased with the loan being foreclosed). Vehicle repossessions work differently: if a car sells for less than you owe, the lender can generally pursue you for that difference.

Personal Injury

In most cases, you have two years from the date of injury. Claims against a government entity require a notice of claim within 180 days, and some claim types, such as work injuries or dog bites, follow a 1-year timeline.

Yes. Arizona follows a pure comparative negligence rule, meaning you can recover damages even if you were mostly at fault for your own injury. Your compensation is simply reduced by your percentage of fault.

Estate Planning

Most Arizona foreclosures are non-judicial trustee sales, which take a minimum of 91 days from the recording of the Notice of Trustee’s Sale to auction. Including the federal 120-day pre-foreclosure delinquency period, the full process typically runs about 7 to 8 months.

Yes. You generally have the right to reinstate your loan by paying all overdue amounts, fees, and costs up until the last business day before the sale. Other options include loan modification, a short sale, deed in lieu of foreclosure, or filing bankruptcy, which triggers an automatic stay that halts the sale immediately.

Working With Rock Law Firm

It depends on the type of case. Bankruptcy clients who qualify can take advantage of low-down-payment filing options. Personal injury cases are handled on a contingency basis, meaning there’s no upfront fee and you owe nothing unless we win. Every consultation is free.

No. While Rock Law is based in Gilbert, Arizona, we represent clients throughout the entire state, including the greater Phoenix metro area, Tucson, and communities statewide.

The clearest way to find out is a free consultation. We’ll review your specific situation — whether it involves debt, a threatened repossession or foreclosure, an injury, or planning for your family’s future — and walk you through the options that actually apply to you.

This page provides general information and is not legal advice. Laws, thresholds, and procedures referenced above are set by Arizona and federal law and are subject to change; details reflect the most recent published data at the time of writing and should be verified for your specific situation. Every case is different — contact Rock Law Firm to discuss your individual circumstances.

Still Have Questions?

That’s what we’re here for. Reach out and let’s talk through your situation — no pressure, no judgment, just honest answers about what your options look like.