"Arizona Bankruptcy Forms"
Each court provides official Arizona bankruptcy forms and official instructions. These documents are required
in substantially the same format as distributed by the court. Be aware court instructions are not a substitute
for legal advice, and that an expansive or restrictive interpretation of defined terms impacts the effect of
filing each Arizona bankruptcy proceeding. Contingent, unliquidated, and contractual liability are particularly vulnerable to subjective
interpretation.
| Uniform Local Bankruptcy Rule 3 provides, in part, "(a) Duties Prior to Filing Petition and
Schedules. Prior to filing the petition and schedules, the attorney for the debtor shall personally review
them to determine and insure that: (1) The correct form has been used; (2) The petition has been completed
and is accurate; (3) All state and federal exemptions available have been properly claimed with the correct
statutory citations; (4) All of the debtor's assets and property have been accurately identified; (5) All
lien creditors, their security interests and the collateral have been accurately described; (6) The debtor
and the debtor's attorney have signed the petition at all appropriate places; and (7) A notice of
alternative chapters under which an individual debtor(s) may proceed, has been properly executed by the
debtor(s). It is to be filed with the bankruptcy petition in all individual cases. The official local form
may be obtained from the clerk. (8) A schedule of current income and current expenditures has been included
in the petition and schedules. 11 U.S.C. 521(1). This rule applies in all Arizona bankruptcy cases. |
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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