Section 1129 of the Bankruptcy Code details the standards for confirmation of a plan under chapter 11. 11 U.S.C. § 1129. See In re Sound Radio, Inc., 93 B.R. 849, 852 (Bankr. D.N.J. 1988); In re Texaco, Inc., 84 B.R. 893, 905 (Bankr. S.D.N.Y. 1988). Section 1129(a) lists thirteen (13) prerequisites for confirmation (Section 1129(a)(8), […]

It is well recognized that “certification of open questions of state law to the state supreme court can ‘in the long run save time, energy, and resources and helps build a cooperative judicial federalism,’ but ‘[i]ts use in a given case rests in the sound discretion of the federal court.’” Thompson v. Paul, 547 F.3d […]

UPDATED 8/8/19 Arizona law has not materially changed:  a recorded judgment still does not become a lien on homestead property. More than ten years following Judge Haines’ decision in Rand v. United Auto Group, 400 B.R. 749 (2008), the issue of whether a recorded judgment attaches as a lien to Arizona homestead property once again […]

By: Ronald Ellett and Brittany Sifontes The death of the Debtor does not change the right to a homestead. Under Bankruptcy Rule 1016, “Death or incompetency of the debtor shall not abate a liquidation case under chapter 7 of the Code. In such event the estate shall be administered and the case concluded in the […]

In September of 2013, House Bill 2325 took effect in Arizona which increased several of the bankruptcy exemptions. The Bill changed the following provisions: A.R.S. § 33-1123 – Household furniture, furnishings and appliances Under the old exemption, a debtor’s household property was only exempt to the extent that an item was included on a specified […]

On behalf of Ellett Law Offices , P.C. posted in 1. Chapter 7 on Wednesday, September 26, 2012 When consumers owe large amounts of debt, they can easily fall behind on their payments. This can create serious problems and repercussions for consumers in Arizona and elsewhere. Along with damaging credit scores, falling behind on debt […]

On behalf of Ellett Law Offices , P.C. posted in 1. Personal Bankruptcy on Tuesday, September 4, 2012 Bankruptcy is a difficult time for anyone, and may involve a lot of hard decisions involving what assets to sell off to satisfy creditors. Even when an individual is cooperative in doing what they must to turn […]

On behalf of Ellett Law Offices , P.C. posted in 1. Personal Bankruptcy on Thursday, August 30, 2012 Over the last several months Phoenix has seen significant dips in the number of bankruptcies in the area. Most recently, it’s said that bankruptcies declined by 14 percent in July. But what does this actually mean for […]

On behalf of Ellett Law Offices , P.C. posted in 1. Chapter 13 on Monday, August 20, 2012 With the latest summer Olympics wrapped up, the eyes of Phoenix sports fans are on our athletes as they return home with victories and medals to prove it. As celebrity status goes, though, this attention can draw […]

On behalf of Ellett Law Offices , P.C. posted in 1. Chapter 7 on Wednesday, August 15, 2012 Some encouraging news has been released regarding the status of the United States economy. A recent report has stated that bankruptcy filings for businesses, which include those seeking Chapter 7 protection, have declined in the last 12 […]