Moak Law Firm- October 2019

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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