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"Arizona Chapter 7 Trustee"

The role of the trustee in Arizona bankruptcy cases filed under Chapter 7 is as an administrator. A trustee reviews a cases for compliance with filing requirements, disclosures, valuations, exemptions and property forfeiture. Trustees also may file motions to object, including opposition to discharge. The presumption is in favor of discharge.

11 U.S.C. §725: "After the commencement of a case under this chapter [7-liquidation], but before final distribution of property of the estate under section 726 of this title, the trustee, after notice and a hearing, shall dispose of any property in which an entity other than the estate has an interest, such as a lien, and that has not been disposed of under another section of this title"

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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