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2807, 2015

Bankruptcy and Perfection of Motor Vehicle Liens

By | July 28th, 2015|Categories: Uncategorized|0 Comments

Many times debtors will purchase a vehicle on the eve of a bankruptcy, and often the bankruptcy happens within thirty days following the purchase. The creditor in Arizona that finances the purchase has a statutory safe [...]

306, 2015

Exemptions in Bankruptcy are fixed at the petition date

By | June 3rd, 2015|Categories: Uncategorized|0 Comments

In the case of Rachael Anne Earl, 13-bk-18751-EPB, Judge Ballinger issued a detailed minute entry order addressing whether it is permissible for a debtor to amend their bankruptcy schedules to claim a different property under [...]

105, 2015

BMO HARRIS BANK v. WILDWOOD CREEK RANCH

By | May 1st, 2015|Categories: Uncategorized|0 Comments

The Arizona Supreme Court issued an opinion relating to the anti-deficiency statute, A.R.S. § 33-814(G). This was the second opinion in less than 30 days dealing with certain aspects of the anti-deficiency statute. The significance [...]

604, 2015

Insufficient Funds Checks (A.R.S. § 12-671)

By | April 6th, 2015|Categories: Uncategorized|0 Comments

In this ever-changing world that we live in, the use of paper checks is steadily decreasing. The use of paper checks is decreasing for a number of reasons. One of those reasons is that financial [...]

1301, 2015

Arizona Deficiency Litigation Case Update: CSA 13-101 Loop, LLC v. Loop 101, LLC

By | January 13th, 2015|Categories: Uncategorized|0 Comments

The Arizona Supreme Court issued an opinion clarifying Arizona Law addressing the waiver of statutory protections in loan documents.  The case specifically addresses when parties can waive their rights to a fair market value determination under A.R.S. [...]

201, 2015

Electronic Signatures – The Arizona Electronic Transactions Act

By | January 2nd, 2015|Categories: Uncategorized|0 Comments

In this digital world electronic signatures are going to be the norm, rather than the exception. Even prior to implementation of the Arizona Electronic Transactions Act there have been cases addressing non-traditional “inked” signatures. Those [...]