"Arizona Bankruptcy Schedules"
In all Arizona bankruptcy cases under Chapters 7 and 13, debtors must provide the court with required
disclosures including all assets, liabilities, and creditors. In addition, many other financial disclosures are
required. The compiled set of disclosures comprise multiple schedules of items according to classifications used
by the court. Stated similarly, schedules are lists of items requested by the court in a format required by law.
All Arizona bankruptcy courts require conformity with the Federal Rules of Bk. Procedure which incorporate local
rules in all Arizona bankruptcy proceedings.
| 11 U.S.C. §110(h): (1) Within 10 days after the date of the filing of a petition, a bankruptcy petition
preparer shall file a declaration under penalty of perjury disclosing any fee received from or on behalf
of the debtor within 12 months immediately prior to the filing of the case, and any unpaid fee charged to
the debtor. (2) The court shall disallow and order the immediate turnover to the bankruptcy trustee
of any fee referred to in paragraph (1) found to be in excess of the value of services rendered for the
documents prepared. An individual debtor may exempt any funds so recovered under section 522(b).(3) The debtor,
the trustee, a creditor, or the United States trustee may file a motion for an order under paragraph (2).(4) A
bankruptcy petition preparer shall be fined not more than $500 for each failure to comply with a court order
to turn over funds within 30 days of service of such order." |
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.
|
|
