To file for bankruptcy in Arizona, there are a few steps you’ll need to complete. Step 1: Collect all of your debt and asset information — paystubs, bills, account balances, etc., and take the credit counseling course within six months before filing for bankruptcy. Step 2: Complete a bankruptcy Means Test. Step 3: Gather all paperwork ...
Market Your Law Firm. Lawyer Directory Home Legal Topics Bankruptcy. Bankruptcy in Arizona. Declaring Chapter 7 in Arizona can be a complicated procedure, luckily you will have your attorney to help you out. ... You will find that you are offered many more exemptions when you declare bankruptcy in Arizona such as: insurance, minor child's ...
 · When you file for Chapter 7 bankruptcy, exemptions in Arizona are a little different than in other states. At Judge Law Firm, we will help you identify exempt property Arizona bankruptcy laws allow. This information is important, because Arizona bankruptcy law does not allow you to choose exemptions allowed under federal bankruptcy laws.
One of the most common areas in which bankruptcy and family law cases collide pertains to a bankruptcy debtor attempting to discharge a debt or obligation owed to his or her spouse or ex-spouse. Prior to the significant changes in 2005, a debtor could argue in his or her Chapter 13 Bankruptcy that the spousal support ordered previously in a ...
The Due Process clauses of the United States Constitution require judges to recuse themselves from cases in two situations: Where the judge has a financial interest in the case's outcome. Where there is otherwise a strong possibility that the judge's decision will be biased.
A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.
Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion. Behaviour outside of the courtroom can also be at issue.
Because judges have no accountability, they can do whatever they please. Judges are the only public officials with no accountability, and they want to keep it that way. The fact that we allow judges to indulge their whims is our collective shame.
Some jurisdictions, however, require another judge to decide whether or not the presiding judge should be disqualified. If a judge fails to recuse himself when a direct conflict of interest exists, the judge may later be reprimanded, suspended, or disciplined by the body that oversees JUDICIAL ADMINISTRATION.
I. If that is so, impeachment must be the only method of removing judges. Second, some scholars might conflate impeachment and good behavior, assuming that the latter somehow references the former. To have good-behavior tenure, in this view, is to be removable only by impeachment.
Home. The Commission on Judicial Performance, established in 1960, is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges, pursuant to article VI, section 18 of the California Constitution.
File a Grievance if the Judge Behaves Unethically A party may file a formal grievance against state or federal judges. A party may file a grievance against a federal judge with the clerk of the federal appellate court. A grievance against a state judge is lodged with the state's judicial tenure commission.
The integrity and independence of judges depend in turn on their acting without fear or favor. Although judges should be independent, they must comply with the law and should comply with this Code. Adherence to this responsibility helps to maintain public confidence in the impartiality of the judiciary.
Judges can also be bribed, or subject to political pressure and interference from above. Corruption in the judicial system breaks the basic principle of equality before the law and deprives people of their right to a fair trial.
Courts have explained that bias is a favorable or unfavorable opinion that is inappropriate because it is not deserved, rests upon knowledge that the judge should not possess, or because it is excessive.
The government can initiate criminal proceedings against a Judge under sub-section (2) of section 3 of the Judges (protection) act, 1985 only if it can produce material evidence that a judgment passed by a Judge was passed after taking a bribe.
Filing for bankruptcy is never an easy decision. It is the best course of action when you find yourself in serious financial circumstances that require a drastic but direct approach to improve things. Bankruptcy protects you from your creditors being able to garnish wages and bank accounts, harass you and continue to ask for payments that you cannot currently pay. In this post, we will briefly discuss four facts about bankruptcy law in the state of Arizona.#N#Once you have decided that bankruptcy is an option for you, there are some important questions to answer regarding Arizona bankruptcy law which will keep you moving in the right direction, even if you find that bankruptcy is your only option. Here are some facts about bankruptcy to consider.
Filing for bankruptcy is never an easy decision. It is the best course of action when you find yourself in serious financial circumstances that require a drastic but direct approach to improve things. Bankruptcy protects you from your creditors being able to garnish wages and bank accounts, harass you and continue to ask for payments ...
Bankruptcy protects you from your creditors being able to garnish wages and bank accounts, harass you and continue to ask for payments that you cannot currently pay. In this post, we will briefly discuss four facts about bankruptcy law in the state of Arizona.
In most cases, you may keep your home in a bankruptcy case if you have kept the payments current and if the equity in your house is exempt. If you are filing a Chapter 7 bankruptcy in Arizona, you are also allowed to keep up to $150,000 equity in your home. If you file a Chapter 13 bankruptcy and you are behind in your payments, you may still be able to keep your home if you make the payments current under the new bankruptcy status, where many of your other debts are resolved. The courts generally allow you to focus on the big things, like your house, as you eliminate the other debts so that you will have more assets once the bankruptcy is discharged. It is also to the benefit of home lenders to have you keep paying on the home loan. Most people will keep all or substantially all their other assets under Arizona’s liberal exemption laws regarding other types of property.
Welcome to Rock Law Firm! We are proud to be the Greater Phoenix area's “nice guy” bankruptcy law firm. Not only do we offer zero-down filing and judgment-free consultation, but we also help regular Phoenix citizens navigate the confusing world of Arizona bankruptcy law, and take on the daunting task of filing with the local courts.
In 2005, Arizona bankruptcy laws changed slightly and established clearer expectations to help protect debtors, as well as prevent fraud and abuse. The Means Test is one thing that was established to help define bankruptcy qualifications.
To file for bankruptcy in Arizona, there are a few steps you’ll need to complete.
Regardless of your income or which chapter of bankruptcy you file, there are a few exemptions that may protect your assets. Federal and Arizona exemptions include:
Hiring a bankruptcy lawyer is not a legal requirement in Arizona. However, as we have already discussed, bankruptcy requirements, filing, and discharge are all complex processes. When you have an experienced bankruptcy attorney on your side, you have someone who understands the nuances of the law and can safely guide you through the process.
First of all, when declaring bankruptcy in Arizona, you'll be happy to know that your primary residence should be safe. The state of Arizona offers an exemption for your homestead which includes, real property, apartments, and mobile homes, up to $100,000.
There are many different exemptions for personal property when you attempt to declare bankruptcy in Arizona. When it comes to personal property, both husband and wife may double their exemptions.
You will find that you are offered many more exemptions when you declare bankruptcy in Arizona such as: insurance, minor child's earnings, pensions, wages, public benefits, and tools of the trade. Insurance includes fraternal society benefits, group life insurance, health and accident benefits, and life insurance up to $1,000.
Every citizen, including those who rely on the practice of the law for their living, have a constitutional right to file for bankruptcy. It's not a popular or widely admired way of conducting business, but it is perfectly legal. Therefore it is not considered an ethical violation by state bar examiners and would not be a reason for disbarment.
Just a few examples of reasons for being disbarred are being found guilty of perjury in court, stealing money from clients, being grossly incompetent or practicing law with an attorney who has already been disbarred.
A lawyer's personal practice is dependent upon his reputation and connections and cannot usually be sold as a going concern.
Being disbarred means losing your license to practice law. This usually happens to lawyers who commit a serious ethics violation or break the law. Just a few examples of reasons for being disbarred are being found guilty of perjury in court, stealing money from clients, being grossly incompetent or practicing law with an attorney who has already been disbarred.
If a judge is biased or prejudiced for or against a party or attorney, he cannot be fair and impartial in deciding the case. A party or attorney who believes such bias or prejudice exists must prove it with admissible evidence, and cannot base this belief on mere suspicion.
Even a judge who is not serving as the finder of fact (i.e., when the case is to be decided by a jury) cannot be fair and impartial if he or she has personal knowledge of disputed facts, because the judge's evidentiary rulings (in pleadings and motions made by the parties) may be influenced by that knowledge.
For bankruptcy purposes, a security interest agreement qualifies as a secured debt only if the creditor perfects it by recording the lien with the appropriate local or state records office. For instance, to create a lien on real estate, the mortgage holder (the bank or another lender) must typically record it with the recorder's office for the county where the real estate exists. To perfect security interests in cars or business assets, the holder of the security interest must typically record it with whatever statewide or local agency handles recordings under the Uniform Commercial Code (called "UCC recordings")—usually with the secretary of state.
Also, Chapter 7 bankruptcy will wipe out a deficiency balance—more below.) Here are some other important terms you should know: Secured and unsecured debt. When a creditor has a lien guaranteeing payment of a loan, the obligation is called a "secured" debt. By contrast, an unsecured debt, such as a credit card balance, ...
A creditor creates a judicial lien (also called a "judgment" lien) after suing the borrower in court and getting a money judgment against the borrower. The creditor then records the judgment against the borrower's real estate.
Bankruptcy works well to wipe out many types of debt. However, if a lender has a lien attached to the obligation—meaning that the creditor can take certain property if the borrower fails to pay—things can get tricky. In most cases, a creditor's lien survives Chapter 7 bankruptcy so the creditor will still have the ability to take ...
When a creditor has a lien guaranteeing payment of a loan, the obligation is called a "secured" debt. By contrast, an unsecured debt, such as a credit card balance, is one in which the borrower isn't required to guarantee payment by putting up property. Collateral. The property guaranteeing a debt is called collateral.
Collateral. The property guaranteeing a debt is called collateral. The creditor's lien interest in the collateral exists until the borrower pays off the debt. It's the lien that gives the creditor the right to repossess or foreclose on the collateral if you don't make payments when due. Although it's common to agree to give a creditor ...
An asset protection plan helps prevent creditors from seizing your assets. However, those without proper plans, put assets at risk. The most common scenario is where a creditor can reach your assets is through proving fraudulent transfer or conversion. This is done by proving that you have done the following: 1 Transferred your property 2 Received less than fair market value for the property, and 3 The transfer left you unable to satisfy a creditor
There are various paths a creditor can take to your assets. But whether or not they can reach them is another matter. This supports the biggest point in asset protection in order to avoid fraudulent conveyance: act well before you are under legal duress.
Fraudulent conveyance or fraudulent transfer is attempting to avoid a debt by moving assets to another person or legal entity. The law generally defines it as a civil matter, not a criminal one. Moreover, it is commonly addressed in creditor/debtor law. Judges often employ these statutes to restore assets that a debtor transferred in order to avoid payments to one or more creditors. It is also a common action brought by judgment creditors, as well as trustees in bankruptcy cases.
Proving Fraudulent Conveyance. An asset protection plan helps prevent creditors from seizing your assets. However, those without proper plans, put assets at risk. The most common scenario is where a creditor can reach your assets is through proving fraudulent transfer or conversion. This is done by proving that you have done the following: ...
Fraudulent transfer laws are based on the principle that your property constructively belongs to a creditor if you are unable to satisfy your obligations as a debtor. In order to establish this there are a couple of questions to answer:
Addressing the first question, fair market value and consideration for your property is this: what you can reasonably sell your property for? Not necessarily the exact price your property is worth. But what you can reasonably expect to gain from selling your property? Case law suggests that around 70% of the property’s value is reasonable. If assets are transferred at less than fair market value, there are a couple of outcomes: 1 The transferee can return the property in exchange for their purchase price. 2 The transferee can be forced to pay the difference between the price they paid and the property’s full value.