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Avoid Mistakes When Planning and Filing Virginia Bankruptcy Cases

The best-planned bankruptcy cases go unnoticed. A few debtors glide through the system without attracting attention and receive full discharges in record time. Luck is not involved, but rather each successful debtor begins planning strategically a few weeks or months in advance. These debtors know something that you don’t.

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If you are thinking about filing Chapter 7 or Chapter 13 bankruptcy, you are not alone. Complete the form below to contact a sponsoring bankruptcy lawyer. Ask all questions you deem important without cost or obligation of any kind. Free help is only a few minutes away.

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"Arizona Chapter 11 Trustee"

In most Arizona bankruptcy cases, a Chapter 11 trustee is not appointed. The debtor retains possession of all assets and is permitted to continue business operations. However, based upon an objection filed by a creditor, or upon the courts own motion, a trustee may be appointed. Generally, the appointment of a trustee in Arizona bankruptcy cases under Chapter 11 is based upon a debtor's failure to comply with statutory requirements. Arizona bankruptcy trustees tend to specialize by chapter of expertise.

11 U.S.C. §1104(a): "At any time after the commencement of the case but before confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court shall order the appointment of a trustee - (1) for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor by current management, either before or after the commencement of the case, or similar cause, but not including the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor; or (2) if such appointment is in the interests of creditors, any equity security holders, and other interests of the estate, without regard to the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor."

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.

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