Moak Law Firm- October 2019

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A Bankruptcy and Personal Injury Attorney You Can Trust

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The Scariest Thing I’ve Ever Done

I f you were a kid who rode the bus to school, the idea of going home and telling your parents you missed your ride was terrifying. The fear of missing the bus is a pretty universal childhood experience. Fortunately for me, I never missed the bus to school. However, there was one time when my brother and I missed the train. My family lived in Japan for a while when I was young, and my brother and I had to get ourselves to school each day by catching the train. One day, we missed our train, and my brother and I knew that if we went home and told our dad, we’d be in more trouble than we could ever imagine. Instead, my brother came up with a great idea: We’d run to the next town and catch the train there. The problem was the only way to get to the next town was to run along the railroad tracks. Very quickly, I realized this was the worst idea my brother ever had. It was a beautiful day, and the sun was shining on the snow- capped Mt. Fuji, but I couldn’t enjoy it. I was certain I was about to get smashed by the train coming up behind us. It was pretty clear to me that my short legs couldn’t carry me faster than a speeding train. I could feel the tracks shaking and hear the train growing louder and louder. It was the scariest moment of my life. Eventually, we had no choice but to jump off the railroad tracks as the train sped past. There was no way we were getting to the next town in time, but we were just relieved to still be alive. I don’t remember how we got to school that day, but we ended up getting there eventually. Needless to say, my brother and I made a point to never miss the train again. Running on those railroad tracks is still the scariest thing I’ve ever done. As far as childhood memories go, I could do without

“I could feel the tracks shaking and hear the train growing louder and louder.”

that one, though it’s a pretty funny story today. I don’t know why my brother and I thought telling Dad we missed the train would be worse than possibly getting hit by a train, but that’s kid logic for you. Even as adults, the fates we imagine for ourselves tend to be far worse than reality, and we can get ourselves into bigger trouble trying to avoid our exaggerated fears. Being a lawyer means being in the business of helping people face their fears. Clients with a personal injury case have a lot to worry about. They’re hurt, overwhelmed with medical bills, and in a fight with the insurance company to get the compensation they deserve. It can be a waking nightmare. Then there are my bankruptcy clients, burdened with debt and terrified that their financial future is ruined. Having someone who can guide you through a scary situation can make a huge difference. I’m proud that I can help alleviate these fears for my clients so they can feel as relieved as I did when I finally jumped off those train tracks.

–Walter E. “Pete” Moak

October 2019

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Dia de los Muertos ACelebration of Life

Despite the common misconception, Dia de los Muertos is not an offshoot of Halloween. While the two holidays often happen simultaneously, Dia de los Muertos (Day of the Dead) is a Mexican holiday that originated with the indigenous people of Central America, including the Aztec and Mayan civilizations. Each year, they gathered and gave offerings to their dead. When the Spaniards came to Mexico, they fused the indigenous celebrations with their traditions of All Saints’ Day (Nov. 1) and All Souls’ Day (Nov. 2). Ancient Beginnings Ancient Mesoamerican civilizations viewed death as a beginning rather than an end. This was likely tied to agricultural practices and the seasons, with crops dying in the winter and being reborn

in the spring. Dia de los Muertos evolved from those roots and is now observed throughout Mexico and the United States. It’s a time of remembering your loved ones by celebrating their lives. Full of Life Though the name might lead you to believe differently, Dia de los Muertos is a joyous time. If you visit Mexico during the holiday, the air is filled with music, and the streets are full of dancing and color. Instead of a sorrowful mourning of the dead, it is a vibrant, joyous celebration of life.

fill them with photographs and the relatives’ favorite food and drinks. It’s believed that during Dia de los Muertos, the boundary between the living and the dead is lifted, and for one night only, spirits come back to visit and enjoy what their families have set out for them. Today, the multiday celebration takes place throughout Central and North America. As tiny Batmans and Skywalkers add the final adjustments to their costumes, other families clean their homes and prepare to honor the spirits of their loved ones. And in today’s beautiful blend of cultures, many families celebrate both holidays.

Intricate altar displays, called ofrendas, honor the spirits of relatives who’ve passed. Families

Can I Keep My House? Bankruptcy and the Arizona Homestead Exemption

There is no cut-and-paste answer to this question. Every person’s financial situation is different, and we won’t know the answer until we dig into your circumstances, such as how much you owe and how long you’ve lived in your home. However, thanks to Arizona’s homestead exemption, there is good news for homeowners who need to file for bankruptcy. In our state, we have a $150,000 homestead exemption. This means that the first $150,000 in equity for your home is protected from bankruptcy court. Keep in mind this isn’t the total value of your home. If your house is worth $230,000 and you owe $85,000 on the mortgage, then you have $145,000 in equity. The homestead exemption would keep that $145,000 safe should you file for bankruptcy. Arizona’s homestead exemption doesn’t apply to every property. The property must be your primary residence, not an investment property. The types of properties protected by the homestead exemption include these:

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Single family residences

Condominiums Townhouses Mobile homes

It’s very important to remember that the homestead exemption applies to

“nonconsensual” liens, such as judgments or creditor actions. It does not protect the equity of your home from voluntary liens you signed up for, like a mortgage. If you are behind on your mortgage when you file for bankruptcy, your mortgage lender can request permission from the bankruptcy court to foreclose on your home, regardless of the homestead exemption. If you want to keep your home while filing for Chapter 7 bankruptcy, you must keep making mortgage payments while you’re going through the bankruptcy process. Are you afraid of losing your house in bankruptcy? Call 480-755-8000 and ask if it’s possible to get out of debt while still keeping your home.

When debts become overwhelming and creditors call nonstop, bankruptcy can feel like the only path to financial relief. But many people put off filing for bankruptcy because they’re afraid of what they might lose. Many clients come into our office trying to answer one very important question: Will I lose my house if I file for bankruptcy?

Do you know anyone overwhelmed with debt o

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3 Mistakes That Will Ruin Your Personal Injury Case

Leftover Candy Snack Mix This recipe from Momofuku Milk Bar chef and “Master Chef” judge Christina Tosi makes great use of those extra Halloween goodies. It’s a quick and easy way to both elevate and get rid of unwanted leftovers. No one wants to think about being in a car accident, which is why so few people know what to do after one occurs. A successful personal injury case can be crucial in getting you the money you need to recover after an accident. Here are the major mistakes that can ruin your case. Not Documenting the Scene If you are capable of documenting the scene safely, then you should absolutely do so. Documenting the scene of an accident is very important for establishing liability, which is used to establish damages. The stronger the liability, the more likely it is the injured victim will be paid 100% of the damages they’re owed. Being partially responsible for an accident doesn’t mean you don’t have a case. A judge and jury will look at who most violated the rules of the road. Take photos of the vehicles and any marks on the roadway, talk to witnesses and other drivers, and most importantly, call the police and get a police report. All of this can be used to paint a clear picture of the accident and determine who’s at fault. Not Seeing a Doctor Damages are awarded based on the severity of the victim’s injury, so it’s important that you

document any pain or injuries caused by the crash. Doctors are a great resource in your case. They have a number of medical tools at their disposal to thoroughly document the nature and extent of your injury. A doctor’s testimony can give medical validity to your case and prove that your pain or injuries were caused by the accident. Trusting the Car You cannot determine the severity of an accident based on what the cars look like afterward. Often times, insurance companies will look at a car and say, “The damages aren’t that bad, so their injuries can’t be as severe as they claim.” This is a misleading statement. It’s important to work with a lawyer who knows how to respond when the insurance company points to the damage of a vehicle and tries to claim it’s related to the damage done to a person inside. If you were injured in a car accident caused by someone else, you could be entitled to compensation. Talk to the experienced attorneys at The Moak Law Firm and learn how to protect your case.

After a Car Crash

Word Search

Ingredients:

• • • • • •

2 cups mini pretzels, coarsely broken

1/4 cup light brown sugar 2 tbsp granulated sugar 1/3 cup dry milk powder 6 tbsp unsalted butter, melted

12 oz mini candy bars, such as Snickers, chopped into 1/2-inch pieces

Directions:

3. Spread mixture on a baking sheet lined with parchment paper and bake for 20 minutes. 4. Let cool for at least 30 minutes and mix in candy bar pieces before serving.

1. Heat oven to 275 F.

AUTUMN CANDY CARVE COSTUME

SCARECROW HALLOWEEN OCTOBER ORANGE

PUMPKIN FOOTBALL HARVEST LEAVES

2. In a large mixing bowl, fold together pretzels, sugars, milk powder, and butter.

Inspired by Food & Wine Magazine

who was injured in an accident? We can help!

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480-755-8000 www.TheMoakLawFirm.com 1820 E. Ray Road Chandler, AZ 85225

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

We are ranked by Ranking Arizona as the #2 Law Firm that deals with Creditor’s rights and Bankruptcy.

INSIDE This Issue

Did You Ever Miss the School Bus?

The Meaning of Dia de los Muertos Will I Lose My Home If I File for Bankruptcy? Avoid These Mistakes After a Car Crash Candy Snack Mix

Fall Crafts for the Whole Family

The leaves are turning, the weather is changing, and the holidays are right around the corner, which means it’s time to bring out the fall decor! To make this season especially memorable for your family, create your own decorations with these fun ideas below. Pine Cone Painting Go on a family walk through the park to pick up a few fallen pine cones or take a quick trip to the store to buy a bag. Once everyone has their own hand- picked pine cone, grab a paintbrush and a few colors and have at it! For extra flair, add some fixings like glitter, beads, sequins, string, and more. Leaf Painting Take a trip outside with the kids to pick out some large, unbroken leaves, then head back inside and get creative! You can pull out the construction paper and paint trees, using handprints and “arm prints” as the trunks and branches. Paint the leaves you found to spruce up your trees or use them

as decorations on their own. You can also use them for leaf printing or leaf pressing. Fun Finger Food When you’ve got multiple friends and family members coming over and you need snacks, edible decorations are the way to go. You can get a little creative and make elaborate treats, or you can opt for delicious and easy-to-make

finger foods with your kids. A good starting treat for your family is a batch of pumpkin Rice Krispie Treats. Add orange food coloring to the mix and get your kids to shape the treats like pumpkins before using a few pretzel sticks to make sturdy stems. Thanksgiving Crafts Thanksgiving is only a month away, and your possibilities for holiday-themed crafts are endless with just a few supplies like paper, scissors, markers, and string. You can make turkey placemats, tissue paper trees, pumpkin garlands, paper pumpkins, or leaf mobiles to hang from the ceiling. Compile a list of ideas and have your kids pick out which craft they want to do first, then get to work together to create as many decorations as you want to display for Turkey Day. With these engaging craft ideas, the whole family will be eager to make their own decorations and show them off for months to come!

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