"Arizona Chapter 13 Confirmation"
Before an Arizona bankruptcy plan of reorganization becomes effective, the court must approve, or "confirm" the
plan after notice and hearing. Absent confirmation, cases are either dismissed or converted to Chapter 7.
| 11 U.S.C. §1325(a) provides, in part, "Except as provided in subsection (b), the court
shall confirm a plan if - (1) The plan complies with the provisions of this chapter and with the other
applicable provisions of this title; (2) any fee, charge, or amount required under chapter 123 of title 28,
or by the plan, to be paid before confirmation, has been paid; (3) the plan has been proposed in good faith
and not by any means forbidden by law; (4) the value, as of the effective date of the plan, of property to
be distributed under the plan on account of each allowed unsecured claim is not less than the amount that
would be paid on such claim if the estate of the debtor were liquidated under chapter 7 of this title on
such date." A majority of the secured creditors in an Arizona bankruptcy proceeding under Chapter 13 must
also approve the plan. |
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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