"Arizona Bankruptcy Meeting of the Creditors"
Trustees are assigned multiple roles in Arizona bankruptcy cases under Chapter 7 & Chapter 13. During the meeting of the creditors,
trustees examine debtors and their schedules for compliance with all statutes and laws. Also, and equally
important, trustees protect debtors from unfounded allegations and abuse from creditors who may choose to attend
this public meeting. Unprofessional conduct will not be tolerated from any party.
| 11 U.S.C. §341(d): "Prior to the conclusion of the meeting of creditors or equity security
holders, the trustee shall orally examine the debtor to ensure that the debtor in a case under chapter
of this title is aware of - (1) the potential consequences of seeking a discharge in bankruptcy, including the
effects on credit history; (2) the debtor's ability to file a petition under a different chapter of this title;
(3) the effect of receiving a discharge of debts under this title; and (4) the effect of reaffirming a debt,
including the debtor's knowledge of the provisions of section 524(d) 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.
Back to Arizona Bankruptcy words & phrases.
|
|