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Arun Arjan Melwani

Arun Arjan Melwani

Free Case Evaluation - Legally Get Out of Debt - Ch. 7/13
  • Bankruptcy, Personal Injury
  • New Mexico
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Summary

Melwani Law makes your life better by eliminating your debt; your stress, and your anxiety so that you may enjoy life again. Our knowledge of the bankruptcy laws combined with exceptional customer service allows you to stop foreclosure; repossessions; garnishments; and creditor harassment among other things. Call us for a free and no obligation consultation at 505-323-5800.

Arun Melwani is the founder of Melwani Law, P.C. He decided to devote his practice to serving the needs of individuals and families in debt crisis after learning early on that these individuals lacked competent and affordable representation.

While in law school, he served as Administrative Editor of the Natural Resources Journal. Additionally, he interned for a federal bankruptcy judge in the District of New Mexico and worked as an attorney for a local bankruptcy trustee and at a large consumer bankruptcy firm prior to opening his own practice in late 2004. He is a member of the National Association of Consumer Bankruptcy Attorneys (NACBA) and is a graduate of the “Max Gardner Bankruptcy Boot Camp,” an intensive training for attorneys who focus on consumer bankruptcy and consumer bankruptcy litigation.

Mr. Melwani has filed proceedings under Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code. He is admitted to practice in all Courts throughout the state of New Mexico. Melwani Law, P.C. attorneys have successfully represented thousands of individuals throughout the state of New Mexico in obtaining debt relief. Mr. Melwani is very knowledgeable in the areas of consumer bankruptcy. Contact him today and he can help you regain financial control and make a fresh star

For all your bankruptcy needs, Call Attorney Melwani - (866) 801-5800

Practice Areas
  • Bankruptcy
  • Personal Injury
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
New Mexico
Languages
  • English: Spoken, Written
Professional Experience
Attorney
UpRight Law
- Current
Attorney
Melwani Law, P.C.
- Current
Attorney
Yvette J. Gonzalez LLC, Chapter 7 Trustee
-
Intern
Judge McFeeley, US Bankruptcy Court Dist. of NM
-
Education
University of New Mexico
J.D. (2002)
Awards
Successful Completion in the Bankruptcy Litigation Model
Max Gardner Bankruptcy Boot Camp
Professional Associations
New Mexico State Bar
Member
- Current
New Mexico Bankruptcy Bar
- Current
Publications
Articles & Publications
Bankruptcy Glossary
United States Courts
Overview of Bankruptcy
Cornell Law School
Bankruptcy Basics
State Bar of New Mexico
Speaking Engagements
Attorney Presenter, Consumer Debt Workshop, State Bar of New Mexico
State Bar of New Mexico
Arun Melwani participates monthly in the State Bar Consumer Debt workshop. He makes presentations at the workshop at least two times during the year and free consultations for low income individuals on a monthly basis.
Certifications
Training Certificate in Mediation
University of New Mexico School of Law
Websites & Blogs
Website
Legal Answers
12 Questions Answered

Q. If you have a lawsuit pending or a judgement has been made, would chapter 7 bankruptcy stop any further actions?
A: Yes. It will not only stop further lawsuits against you, but it will stop the pending lawsuit and the collection of any judgements that have been entered against you. In fact, if you have already been garnished, then that money that was taken in the 90 days before filing may be recovered as well. If you are facing these problems, then you should contact a bankruptcy attorney right away.
Q. I unexpectedly inherited a large sum of cash and want to buy out the remaining balance on my home.
A: Yes. Just request a reinstatement amount if you wish to catchup what you are behind or a payoff amount if you want to pay off the full amount.
Q. If a company won a judgement but they never made contact, can I just ignore?
A: No. Winning the judgement is just the first step for the company. After winning the judgement they have to collect on the debt. They will usually ask the court for an order from the judge that will allow them to take money from your bank account or from your wages. They also could file the judgement with the county clerk and the judgement will turn into a lien against any real property that you may own or acquire in the future. You should call an attorney right away to address your situation.
Q. If I go into bankruptcy, does that stay a foreclosure?
A: Yes, but the stay will only last the during the bankruptcy proceeding and the creditor may ask that the Court to terminate the stay. The judge in the bankruptcy case will make that determination based on the type of bankruptcy you filed and the circumstances involved. Usually, a judge will grant relief or modification of the stay if the creditor can show that there is not adequate protection or the debtor does not have equity in the property (usually meaning that the collateral, a house in this case, is worth less than what is owed on the debt); and that such property is not needed for an effective reorganization. If you are facing foreclosure, I suggest you consult with an attorney right away to determine what options you may have.
Q. I just received notice that my wages are going to be garnished for a loan my ex-husband applied for after we were
A: New Mexico is a community property state and either spouse can enter into a debt and make the other spouse liable. If you got a divorce that would end the community property and thus a debt incurred after the divorce you should not be liable. I would seek out an attorney and try to quash the writ of garnishment.
Q. I see that New Mexico's bankruptcy exemptions are different than the federal ones. Can I pick and choose from both lists
A: No. New Mexico allows you to use either the Federal bankruptcy exemptions or the New Mexico State exemptions but you cannot mix and match the exemptions.
Q. Can a medical company send me a bill through collection agency more than 4 years (and 3months) passed the service date?
A: Yes. The medical company could be using a collection company to go after you or they collection company may have purchased the debt from the original creditor. Either way, they are entitled to pursue you for the debt owed. The statute of limitations in New Mexico for collection of the debt is 4 years on an open account and 6 years on a contracted debt. A medical service and the bill related to it is usually a contracted service and thus the statute of limitations is 6 years. However, a creditor/collection company can come after you and/or sue you to recover the fee for the services owed even if it is beyond the statute of limitations. It is up to the individual being sued to raise the "Statute of Limitations" as a defense in their answer to the complaint. The failure of the individual to raise that defense may constitute a waiver of the defense if not raised. If you have other debt and or you are being sued by this creditor, you should contact an attorney for further legal advice.
Q. How should I respond to a letter from a collection agency regarding a time-barred debt?
A: You should ask that the debt be validated. It won't be an admission if the debt is valid or not. Also, it is good if they know your address, so if they do decide to sue you they will have a good address to send the summons and complaint. When you get sued, its important to respond to the complaint and assert in your answer any affirmative defenses that you may have. The affirmative defense that the "Statute of Limitations" has run is important to put in the answer to the complaint. If you do not list it in your affirmative defenses in the complaint, the defenses will be waived. Additionally, if you get sued, I advise you to seek the advise of an attorney.
Q. Can I get away from this debt?
A: Possibly. I suggest consulting with a bankruptcy attorney to see if you may be eligible to file a chapter 7 bankruptcy which would eliminate any unsecured debt. Most bankruptcy attorneys do not charge for the initial consultation.
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Contact & Map
MELWANI LAW
10749 Prospect Ave. NE, Ste. F
Albuquerque, NM 87112
USA
Telephone: (505) 323-5800