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"Arizona New Bankruptcy Laws"

The Abuse Prevention Act is now pending before the U.S. Congress. This proposed act will affect all Arizona bankruptcy cases. in particular, restrictions on who may file Chapter 7, increased Chapter 13 payments, restrictions on judicial authority to accommodate debtors, and new mandatory fines and penalties against debtors are expected.

Encouraged by the passage of the Bankruptcy Reform Act of 1994 (Pub. L. No. 103-394, 108 Stat. 4106), commercial creditors increased lobbying efforts for broad-sweeping bankruptcy reform. H.R. 975 - Abuse Prevention and Consumer Protection Act  of 2003 passed the House, was placed on the Senate legislative calendar 3-21-03 for future consideration (Senate Calendar No. 50). Vote blocked by committee in 2003. Re-docketed for 2004.

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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