"Arizona Bankruptcy Trustee"
In Arizona bankruptcy cases filed under Chapters 7 and 13, a trustee is appointed by the court to review legal compliance
for all documents filed by debtors, recommend the disposition of the case, and file a final accounting.
Trustees serve the U.S. Department of Justice, though the U.S. Trustee's Office, and are generally local
attorneys acting as Assistant US Trustees for Arizona bankruptcy proceedings. Trustees represent the interest of the
DOJ & U.S. Trustee.
| 11 U.S.C. §307: "The United States trustee may raise and may
appear and be heard on any issue in any case or proceeding under this title but may not file a plan pursuant
to section 1121(c) of this title"
11 U.S.C. §323: "(a) The trustee in a case under this title is the representative of the estate. (b) The
trustee in a case under this title has capacity to sue and be sued"
11 U.S.C. §330(a): "(1) After notice to the parties in interest and the United States Trustee and a
hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, an examiner, a
professional person employed under section 327 or 1103 - (A) reasonable compensation for actual, necessary
services rendered by the trustee, examiner, professional person, or attorney and by any paraprofessional person
employed by any such person; and (B) reimbursement for actual, necessary expenses." |
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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