"Arizona Bankruptcy Advice"
Judges, clerks, and court personnel are prohibited to offer legal opinions to any interested party, whether
debtor, creditor, secured party, or attorneys. Lay persons who are not licensed by the state bar are also
prohibited to practice law, and may be subject to prosecution for barratry.
| Be aware that filing bankruptcy is a legal proceeding which affects the rights of debtors,
creditors and other parties in interest. 28 U.S.C. §955 prohibits a clerk's office and staff to offer
information to parties involved which may be characterized as legal advice. |
In the matter of ARIZONA BANKRUPTCY PETITION PREPARERS, General order No. 89 issued by the U.S. District.
Arizona Bankruptcy Court., July 1, 2003. 11 USC 110(k) does not permit a bankruptcy petition preparer to engage
in activities "that are otherwise prohibited by law. including the rules and laws that prohibit the unauthorized
practice of law." The Supreme Court of the State of Arizona has enacted amendments to its Rule 31 governing the
unauthorized practice of law which became effective commencing July 1, 2003. Rule 31 sets forth the general rule
that only an active member of the State Bar of Arizona may practice law in the State. The amendments also create
a limited exception for certified legal document preparers provided that the services performed are in
compliance with State Code of Judicial Administration, Part 7, Chapter 2, Section 7-208.
Back to Arizona Bankruptcy words & phrases.
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