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606, 2016

Lenders Are Not Required To Affirmatively “Waive” Security To Sue On A Note

By | June 6th, 2016|Categories: Uncategorized|0 Comments

The Arizona Court of Appeals recently ruled on Compass v. Bennett, holding that second-position lenders are not required to “affirmatively and expressly” release a deeds of trust in order to “elect to waive the security” [...]

206, 2016

The Ins and Outs of Unpaid Wages in Arizona

By | June 2nd, 2016|Categories: Uncategorized|0 Comments

It seems obvious.  Employees should be paid the wages they have earned, whether those wages be from hours worked, commissions, bonuses, et cetera.  But, what happens when an employer fails to compensate an employee for [...]

2605, 2016

SCOTUS Provides Clarity on “Actual Fraud” in Bankruptcy Context

By | May 26th, 2016|Categories: Uncategorized|0 Comments

The United States Supreme Court issued its decision in Husky International Electronics, Inc. v. Ritz, eliminating some ambiguity behind what constitutes “actual fraud” in the bankruptcy context.  The issue in this case was whether “actual [...]

1911, 2015

Execution Upon Stock Interests of a Judgment Debtor

By | November 19th, 2015|Categories: Uncategorized|0 Comments

Arizona law gives Judgment Creditors a remedy to aid in the collection of a judgment when the Judgment Debtor holds stock. The Judgment Creditor can ask the court to enter an order in aid of [...]

1910, 2015

No Lien Stripping in Chapter 7 for “Underwater” Junior Liens on Real Property

By | October 19th, 2015|Categories: Uncategorized|0 Comments

The United States Supreme Court issued its decision in Bank of America v. Caulkett, which is a solid guidepost in the bankruptcy journey for both creditors and debtors alike.  The issue confronted by the Supreme [...]

409, 2015

Limitation on Liability for Non-Working Spouse’s Premarital Debt

By | September 4th, 2015|Categories: Creditor's Rights|0 Comments

The Arizona Court of appeals issued its opinion in SQPR Venture, Inc. v. Robertson addressing the issue of whether a non-debtor spouse’s income can be used to satisfy a separate pre-existing debt of the debtor [...]