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10 Things To Do Before You File For Divorce and Realities of the Divorce Process

10 Things To Do Before You File For Divorce and Realities of the Divorce Process

Here are ten actions to take if you believe that your marriage is beyond repair and that divorce is inevitable.

Speak with a lawyer.

Find out what your legal obligations and rights are. Consider the scenario where you decide to relocate to your parents’ home with the kids while you wait for the divorce to be finalized. Moving in with your parents, even for a short time, could be a grave legal error.

Copies of documents.

Make copies of everything you can find by going through household files, including tax returns, bank statements, check registers, investment statements, retirement account statements, employee benefits manuals, life insurance policies, mortgage papers, financial statements, credit card statements, wills, Social Security statements, car titles, etc. It’s crucial to learn as much as you can about the company’s finances if your spouse runs a self-employed business. If you have financial information on your home computer, make copies of it.

List the belongings in the home and in the family.

The major possessions should be listed, including furniture, jewelry, art, appliances, and cars. Don’t forget to search your home’s storage spaces and your safe deposit box for valuables.

(Knowing all of the marital assets is crucial when it comes to dividing the property.)

Understand the household budget and costs.

Write down each monthly expense for utilities, a mortgage, and other living expenses as you go through your check register for the previous year, if you can. Keep track of the money you spend every day so you can figure out your monthly cash outlays as well.

Choose a family debt management strategy.

Determine the family debt, if any, and think about settling it before filing for divorce. One of the most challenging issues to settle during a divorce is how to divide the marital debt. When assessing debt, consider whether any of it was racked up by one spouse or the other before the wedding. The spouse who incurred it would be responsible for paying off this “non-marital debt,” which belongs to them.

Find out the exact salary of your spouse.

If your spouse receives a regular paycheck, it is simple to check a pay stub; however, if your spouse is self-employed, owns a business, or receives any portion of income in cash, you should try to keep track of the money coming in over the course of several months.

Analyze your earning potential in a realistic manner.

Perhaps you have been focusing solely on raising children while you have been out of the workforce for a while. Analyze your current employability and whether pursuing more education before getting divorced would be advantageous for you in the long run.

Look at your credit report.

If you don’t already have credit cards in your name, apply for them right away, use them, and build your credit. If you have a bad credit history, try to pay your creditors now so that you can raise your credit score before the divorce.

Make your own “nest egg” by yourself.

You ought to have access to your own money at all times. You will be responsible for paying bills if your spouse leaves and stops doing so until temporary support orders can be put in place. You will require funds for a retainer if you plan to initiate the divorce. Start putting money aside now, and when you have a sizeable nest egg of your own, consider starting divorce proceedings.

Prioritize spending time with your children.

Keep your kids’ schedules as regular as you can throughout the divorce process. If you and your partner can’t be with the kids together without fighting, schedule separate times for you both to be with them. Participate in your children’s school, sports, and extracurricular activities. Don’t speak poorly of your spouse in front of your kids. Put your kids first in everything you do.

The Scottsdale divorce attorneys at Canterbury Law Group handle complex divorce cases throughout Arizona, California, Nevada and New York. Their skilled litigation team provides no-nonsense legal counsel for family law cases at the highest level possible.

The law team at Canterbury thoroughly prepares clients while understanding that all cases have unique circumstances and laws vary by state and local jurisdiction. The Scottsdale divorce attorneys also prepare clients for the constant surprises that inevitably arise during the divorce process:

Length of divorce – Depending on your unique situation, divorce can take few months to well over a year, leaving issues that still need to be settled. The vast majority of matters resolve within one calendar year. More complex dissolutions with large asset bases and children, can take up to two years. At Canterbury Law Group, we help clients work out many divorce issues before entering court in attempt to eliminate or reduce long cases. The longer the case, the more expensive it is for both sides.

Court TV is not reality – Court TV may have constructed an unrealistic image of what court is like for the majority of divorce cases. In fact, most cases reach a settlement before needing to see a judge, or if you see a judge, it might only be for a few preliminary hearings and no trial if you elect to settle later.

Rescheduling is common – Expect your court dates to be rescheduled for other cases that take priority in your jurisdiction, such as criminal trials. You cannot insist upon a court date just because the court issued it. Rather, be prepared for rescheduling. Change is constant in a divorce proceeding.

Patience is needed – In most courthouses, your case will not be the only case scheduled for a hearing. Be prepared to sit and wait for other cases to be heard before yours. However, you must always be on time in the event the court is on time.

Everyone has an opinion – When you are going through a divorce, you will realize that everyone has an opinion. Ignore most of them because each case is unique, and no one can give you divorce advice better than your divorce attorney. Don’t rely on what you ‘hear’ or ‘read’ on the internet. Secure top legal counsel and let them steer you successfully to the resolution of your case so you can move on with your life. For more on divorce legal services, go to www.canterburylawgroup.com or call 480-744-7711.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Family Law, Scottsdale Divorce
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How to Propose Collaborative Divorce or Mediation to Your Spouse

Want to try collaborative or mediation divorce but are unsure if your spouse will agree to it? The best way to ask for the response you want is as follows.

Spend some time planning what you will say and how you will say it if you decide to suggest mediation or collaboration to your spouse. Here are some recommendations as well as some things to remember not to do.

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Writing or Speaking

If you and your spouse get along well enough to speak to each other face-to-face or over the phone, you might be able to suggest mediation or collaborative law by simply talking to your spouse about it. Make the proposal in writing if your spouse has a tendency to respond poorly to your ideas and suggestions during conversations or if you and your spouse don’t get along.

Having the Right Words

Presenting collaborative divorce in a nonjudgmental and neutral manner is important, whether you do it verbally, over the phone, or in writing. Give your spouse information without giving them the impression that they are being pressured or being sold a piece of junk. Consider writing a draft letter and having a reliable friend or advisor review it before sending the finished document to your spouse if you plan to propose mediation or collaboration in writing. If you plan to make the proposal in person or over the phone, prepare your remarks in advance and make some notes. To make sure you strike the right tone and cover all the points you need to make, think about practicing with a friend. Consider giving your spouse any brochures or other printed materials you may have explaining mediation. The same applies to any reliable websites or other sources of information you may have discovered. In this way, as you talk about whether, how, and who to mediate, you and your partner would have the same frame of reference.

Choosing a Particular Mediator

Depending on the specifics of your situation, you might want to start looking for a mediator before bringing up mediation with your spouse or you might want to wait until your spouse can actively participate in the selection process.

Give your spouse your list of potential mediators along with details on their fees and selection criteria if you have already compiled one. This lets your spouse have a say in what happens and sends the message that you are willing to share information. This increases the likelihood that the mediation will begin on a constructive note.

Depending on whether your spouse will perceive your attempt to sway the mediator to your side rather than a neutral request for general information, you should decide whether to get in touch with the potential mediators beforehand. Avoid prior contact with the mediators you want to suggest if you have any doubts about this. Usually, you can learn something about local mediators without actually speaking to them. Then you can inform your spouse of what you’ve learned and reassure them that by initiating contact, you haven’t jeopardized the mediator’s objectivity.

If your spouse is likely to view anyone you recommend with suspicion, suggest mediation in general and offer to take a mediator that your spouse suggests into consideration. You can still research local mediators so that you can decide on your spouse’s suggestion in a well-informed manner, but you can also keep your spouse from feeling railroaded or dictated to.

There is nothing wrong with giving your spouse a brochure or other information listing local attorneys with experience in collaborative practice if you are proposing a collaborative divorce and neither you nor your spouse has hired an attorney. However, unless your spouse specifically requests it, avoid recommending specific attorneys for your spouse.

Need a Family Lawyer in Scottsdale?

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Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation.  As proven trial lawyers in family court, you can trust the firm to represent you fully so you can move on with your life and your children. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorce, divorce mediation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

Collaborative Divorce, Divorce Mediation
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Collecting Business Debts

Collecting Business Debts

You can increase your chances of getting paid by contacting clients who are facing collections.

When it’s time to get paid, a small business owner may face their biggest challenge yet. Fortunately, you can reduce late payments and build a business radar that alerts you when an account is on its way to collections with a little advance planning. By maintaining open lines of communication and assisting clients who are experiencing financial difficulties as they get through a difficult time, you might gain loyal clients for life.

Customers who are slow to pay typically fall into three categories:

  • Customers who want to pay but are unable to do so on time due to legitimate financial difficulties.
  • Customers who favor to juggle or postpone payments.
  • Customers who will take any action necessary to avoid making a payment.

There is hope for the first two categories. You might be able to control these debts and persuade the debtors to pay in full or in part. Regarding the final group, you must identify it as soon as you can and take serious action, perhaps handing the account over to a collections agency (discussed below).

No matter what efforts you make to collect, the following rule is always true: As soon as you can, get to work, and continue working on the account until you are paid. Send bills promptly, and send new bills every month. There is no need to wait until the month’s end. Once an account is past due, send reminder letters as soon as possible.

More advice is offered below:

  • No harassing. Don’t bother those who owe you money, but let them know you are keeping an eye on the situation. You shouldn’t call a debtor more than once per day, and you shouldn’t ever leave messages that contain threats or disparaging remarks about the debtor.
  • Don’t get personal; be direct, listen, and direct. Calls should be brief and specific. According to Carol Frischer, a specialist in collections, your aim should be to stop the debtor from taking the call personally, or from equating the failure to pay as a failure in life. Always maintain your composure while maintaining a sense of urgency regarding getting paid.
  • Be imaginative. Ask the customer how much they can reasonably afford to pay if they are experiencing real financial difficulties. If the client accepts a new payment schedule in writing, take into account extending the payment deadline. Make sure the customer intends to abide by the agreement by calling the day before the following scheduled payment is due.
  • Write letters of demand. Send a series of escalating letters along with the phone calls. Save copies of all communications you have with the customer, and make sure to take notes during every call. If you send the case to a collections agency or take the client to court, you might need these.
  • Send letters using a collection agency. A fixed fee can be paid to a collection agency to have them send out several letters on your behalf. This is distinct from giving the debt to a collection agency.
  • Offer a substantial one-time discount. If a fairly large account goes unpaid for a prolonged period of time (let’s say six months), and you have doubts about ever being able to recover the debt, you might want to think about making a written offer for a time-limited, substantial discount to settle the matter. A mutual release and settlement, a formal document that discharges the debt, can be used to put an end to this.
  • Send the debt to a collection company. Your last resort is to send a debt to collections. Typically, a collection agency will pay you 50% of the money it collects. Of course, there are instances where half is preferable to nothing.
bankruptcy, bankruptcy attorneys, Chapter 13, Chapter 13 Bankruptcy, Chapter 7, Chapter 7 Bankruptcy, Scottsdale Attorneys, Scottsdale Legal Help
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Under Arrest and Unlawful Arrest

Under Arrest and Unlawful Arrest

When a police officer says, “You are under arrest,” a journey through the criminal justice system begins. An individual is no longer free to leave at that point because they are in police custody. For the safety of the officers, physical restraints or handcuffs may be used, but they are not always necessary.

An arrest is when a person is formally placed under police restraint until they are released. The circumstances in which a police officer may make an arrest are covered in this article.

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The Police Officer Observes a Crime Firsthand

A police officer has the authority to arrest someone they witness committing a crime. For instance, a police officer on foot patrol witnesses a theft involving a stolen purse. The purse thief can be promptly apprehended.

Personal observation arrests frequently take place in connection with traffic offenses. Speeding is observed by a patrol officer using radar or laser speed detection equipment. They can chase after the car and stop the driver. In the majority of states, the officer has the option of either arresting the suspect or issuing a citation. The use of arrests for minor misdemeanor crimes is constrained in some states. Instead of taking the suspect to the police station or sheriff’s office, they mandate that officers issue citations or court summonses.

The criminal charge would be based on the arresting officer’s personal observations, regardless of whether the traffic stop ended in an arrest or citation.

The police officer has reason to believe that a crime has been committed.

Law enforcement can take someone into custody if they have reason to believe that they have committed a crime. “Probable cause” is the term for this reasonable assumption. Police must have an objectively reasonable basis for their belief, based on facts and circumstances, in order to make an arrest; they cannot do so on a whim or a guess.

For instance, a police officer hears a report that a man wearing a yellow shirt just committed a gun-wielding robbery at a liquor store. Then he sees a man running near the store wearing a yellow shirt. The man may be stopped and searched by the officer. The officer has the right to make an arrest if the suspect is armed and has a large amount of cash in his pocket. He is likely responsible for the robbery, according to the evidence.

Probable cause arrest restrictions may be imposed by state law. On the basis of probable cause, police officers typically have less discretion when making an arrest for a misdemeanor crime.

The arrest warrant was obtained by the police officer.

The majority of arrests do not result from recent crimes or intense pursuits. They typically come about as a result of police inquiries. Evidence gathering must take into account the probable cause.

Police may request a search warrant from a judge if they have reason to believe a person committed a crime and they believe there is evidence at the scene.

If there is reason to believe someone committed a crime and the police want to question or charge the suspect, they can apply for an arrest warrant to place the suspect in custody.

Usually, an arrest warrant

  • determines the crimes committed and the relevant laws
  • identifies the person who is thought to have committed the crimes
  • specifies the times and places where the offenses occurred
  • identifies any criminal activity victims
  • directs any policeman to apprehend and detain that individual

Any police officer or law enforcement organization may arrest the suspect thanks to the arrest warrant. The officers do not necessarily have to be the ones looking into the crime. Through police databases, this information is typically disseminated across the state or even the country. The individual will be made aware of the warrant when an officer checks their identification and criminal history, at which point they can take them into custody.

A warrant check is a standard part of police procedure because there are other types of warrants that the court can issue.

Miranda Alert

People have certain rights when they are in custody thanks to the Fifth and Sixth Amendments of the United States Constitution. A person in custody must be informed of their Miranda Rights before the police can question them. On television, the police are frequently shown reading the Miranda warnings to suspects as soon as they are detained. That is not required, and it is frequently not how events take place in reality.

The Miranda warning does not need to be read right away after an arrest by the police. When transporting a suspect to jail, the Miranda warnings are not necessary. The Miranda warning is only required when a detained suspect is about to be interrogated.

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

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Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Criminal Defense, Criminal Law
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Divorce Timeline

Most people have no idea what to expect when they decide to get a divorce. Considering that divorce is a difficult legal process, it may be filled with unpleasant surprises and annoying delays. Reviewing a legal divorce timeline is always beneficial to give you a general idea of what to expect and make you feel more at ease during a difficult time.

The timeline below provides a general idea of how a divorce typically plays out, but your divorce may deviate slightly due to unique circumstances involving you and your spouse or unique legal requirements in your state.

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1. Beginning the legal divorce process

One of the spouses hires a lawyer to begin the divorce process, and the attorney drafts a petition (also referred to as a complaint), which is a legal document outlining the grounds for the divorce as well as the terms for dividing assets, child custody, and other matters.

2. Making the complaint and serving it

The petition or complaint is submitted to the court by the attorney. The petition or complaint, along with a summons requiring the other spouse to respond, are served on that spouse by the attorney or the court.

3. Getting Your Partner’s Response to the Divorce Complaint

The served spouse has a set amount of time to respond (usually about three weeks). The response indicates whether or not the spouse who was served concurs with the petition or complaint. He or she is presumed to have accepted the terms of the petition or complaint if they fail to respond. The response—also known as an answer—describes the served spouse’s preferred method of handling divorce-related decisions.

4. Beginning the process of property division and exchanging documents

Documents and information about things like property and income are exchanged by the couple. The couple and the court can make decisions regarding property division, child support, and alimony by reviewing this information.

5. Engaging in negotiations or mediation

The couple may occasionally agree to settle all of their differences amicably through mediation or settlement. In some states, divorcing couples must go through this procedure.

If a settlement is reached, it is presented to the judge during a non-judicial hearing. The judge will inquire about a few fundamental facts and whether each party is aware of the agreement and chooses to sign it.

6. Getting any settlement agreement court approval

If the judge accepts the settlement, they issue the couple a divorce decree outlining the terms of their agreement. The case will go to trial if he or she does not approve it or if the couple cannot come to an agreement.

7. Taking part in a divorce trial

The judge decides the unresolved issues, such as child custody and visitation, child and spousal support, and property division, after attorneys for each side present evidence and arguments at trial. The judge then grants the divorce after coming to a conclusion.

8. Contesting the judge’s judgment

A judge’s decision may be appealed to a higher court by either spouse or both spouses. However, it is uncommon for an appeals court to reverse a judge’s judgment. Also keep in mind that if both spouses accept the terms of the settlement, it is typically not subject to appeal. But if something needs to be changed after the trial, you might be able to change the divorce judgment.

Speak With One Of Our Divorce Attorneys In Scottsdale

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Canterbury Law Group’s divorce attorneys in Phoenix and Scottsdale will handle your case with personal attention and always have you and your children’s best interest in mind when offering legal solutions. Our family lawyers can also help with divorce litigation, child custody, legal guardianship, paternity, prenuptial agreements, divorce mediation, collaborative divorce, and more.

We are experienced divorce attorneys and will fight for you to get you the best possible outcome. Our law firm will represent you fully in court, so you can get on with your life. Call us today for an initial consultation. 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Divorce Mediation
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Can I keep My Business If I File Bankruptcy?

Can I keep My Business If I File Bankruptcy?

A struggling small business that files for bankruptcy may be able to thrive. Chapter 7, Chapter 13, or Chapter 11 bankruptcy may help you maintain your business depending on:

  • what the business does
  • the organization of the company
  • assets of the business, and
  • the amount of money that can be used to finance a repayment strategy.

Continue reading to discover more about the criteria used to assess the viability of a business bankruptcy. Additionally, a lot of business owners declare personal bankruptcy. Consider finding out how eliminating personal debt can assist you in maintaining your business.

Considerations for Continuing Your Business

Before continuing or ending your business, you should think about a number of factors. Here are a few important things to keep in mind.

Is the company profitable? You set out to run a successful business. If your company is consistently losing money, shutting down might be the best course of action. But let’s say you run a profitable business that is having trouble right now because of transient factors like the economy. It might make sense in that situation to continue operating despite the storm. Being realistic about preserving openness is crucial, though. Entrepreneurs frequently have an optimistic outlook and invest money in a project long after it’s time to give up.

Do the company’s assets outweigh its liabilities? It should go without saying that your company may be worth saving if its assets outweigh its liabilities and it is still profitable. It might be possible to keep the company afloat by reorganizing debt in bankruptcy (or eliminating it if you’re a sole proprietor). If bankruptcy is the only option, consider closing the company by selling the assets and settling the debt outside of bankruptcy (unless you want the Chapter 7 bankruptcy trustee to handle it for you in a transparent manner, in which case be sure to take into account the potential drawbacks discussed below). Most of the time, you’ll generate more money for your creditors while saving money. On the other hand, you probably already know that it might be time to cut your losses if the business is severely in the red.

Are business debts personally your responsibility? It might be more advantageous to keep your business operating while negotiating with creditors if you are personally responsible for its debts. This would prevent you from taking on additional debt. If the company is forced to close because there aren’t enough assets to cover liabilities, creditors may have no choice but to pursue your personal assets. Another typical strategy is for the business owner to declare bankruptcy under individual Chapter 7 in order to get rid of the personal guarantee.

Which Bankruptcy Type Should You File?

The structure of the business organization and the worth of the company’s assets will be the main determinants of the answer.

Why Businesses Don’t Bankruptcy Under Chapter 7 Often

Chapter 7 bankruptcy filings typically result in the closure of the company. Why? because a corporation or limited liability company, two examples of separate legal entities that own property, cannot be protected (LLC). The trustee merely liquidates the company’s assets, settles its debts, and closes the company.

Chapter 7 bankruptcy isn’t typically used to shut down businesses, though that’s not the only reason. Additional issues that might arise include the following:

The majority of business owners can wind down a company without assistance, saving themselves the extra expense of a bankruptcy attorney and filing fees.

Owners frequently have the ability to negotiate a better price for the assets than the bankruptcy trustee.

The partners’ individual assets are at risk when a partnership declares Chapter 7 bankruptcy.

Creditors have a quick forum to air grievances after filing for bankruptcy. In particular, the filing allows for litigation involving fraud, a partnership dispute, or an attempt to pierce the corporate veil (a lawsuit seeking to hold a shareholder personally responsible for the debts of the company).

Because of all of these factors—the main one being a transparent liquidation of the company’s assets—it is imperative to carefully weigh the risks and benefits of closing the business through bankruptcy.

Chapter 7 bankruptcy and the Sole Proprietor

A Chapter 7 bankruptcy may help you keep your business open if you’re a sole proprietor offering a particular service, despite the fact that it rarely benefits business owners. You might work as an accountant, a freelance writer, or a personal trainer, for example. Because the bankruptcy trustee cannot sell your ability to provide the service, this type of bankruptcy may be successful. This is how it goes.

Both personal and business debts fall under the purview of a sole proprietor. You will include all debt and discharge both types of qualifying debt when you file for Chapter 7 bankruptcy.

The relatively insignificant assets connected with a service-oriented business can also be safeguarded using bankruptcy exemptions. Exemptions, on the other hand, are rarely enough to cover sizable quantities of goods, machinery, or other commercial property. Sole proprietors with little to no business assets may find Chapter 7 to be a desirable option. It will eliminate the company’s debts and enable the owner to carry on with the service, keeping the business afloat.

Additionally, if your business debt exceeds your consumer debt, you can file for business bankruptcy and evade the means test. Therefore, it’s less likely that your new income will prevent you from being eligible for a Chapter 7 discharge if your business closes and you’re earning well working for someone else. However, it is possible, so consult a bankruptcy attorney before making any significant adjustments.

When You’re Compelled to File for Bankruptcy

Bankruptcy is typically a voluntary decision. However, it’s not always the case. In some cases, a debtor will be coerced into declaring bankruptcy by creditors.

Involuntary cases are extremely rare. The process is primarily used by creditors to compel an organization into bankruptcy. Because it’s difficult to meet the requirements to file an involuntary bankruptcy, it’s rarely used as evidence against an individual in consumer bankruptcy. In the majority of cases, several creditors must band together and decide to file a lawsuit against a debtor. If successful, the court names a bankruptcy trustee who will take control of every aspect of the company, sell its assets, and then divide the proceeds among the creditors.

Although it might be beneficial, many creditors would rather start their own collection processes. They maintain their capacity to take a bigger chunk of the company’s assets by doing this. A creditor who files for bankruptcy is more likely to have to split the proceeds with other creditors and receive a smaller payout or, in some cases, nothing at all.

It’s crucial to realize that a creditor might not be able to retain money received just before bankruptcy, particularly if it’s viewed as a preference claim that gives one bankruptcy creditor preference over another. However, a lot of creditors are prepared to assume the risk and, if necessary, return the money.

Similar to a voluntary action, the involuntary process starts with the filing of official bankruptcy forms with the court. Read Involuntary Bankruptcy if you want to learn more.

Chapter 13 Bankruptcy and the Sole Proprietor

A Chapter 13 bankruptcy case can only be filed by an individual. So you cannot file Chapter 13 on behalf of your company if it is a partnership, corporation, or limited liability company.

If you are a sole proprietor, just like with a Chapter 7 bankruptcy, you can include both personal and business debts in your Chapter 13 bankruptcy. If the sole proprietorship generates revenue, a Chapter 13 bankruptcy may be your best option. By making lower payments on nonpriority unsecured personal and business debts like credit card bills, utility bills, and personal loans, you might be able to keep the business operating.

However, if your sole proprietorship requires you to keep a lot of supplies, items, or pricey equipment on hand, you might run into a problem. Even though Chapter 13 bankruptcy permits you to keep your possessions, you must still be able to protect them with a bankruptcy exemption (and the majority of exemptions won’t cover important business assets). If not, you must pay the three- to five-year repayment plan’s value for the nonexempt assets. For instance, you would have to pay your creditors $2,500 per month for five years along with any other necessary sums if you owned $150,000 in nonexempt construction equipment.

Keeping all the property you require may not be possible if you don’t have enough income to cover a sizeable monthly plan payment because many business owners are strapped for cash.

Every Company in Chapter 11 Bankruptcy

In order to reorganize debts and continue operating, partnerships, corporations, and LLCs must file a Chapter 11 bankruptcy as opposed to a Chapter 13 bankruptcy. A Chapter 11 bankruptcy can also be filed by a sole proprietor. A repayment plan is used to pay creditors in Chapter 11 bankruptcy, which is similar to Chapter 13 bankruptcy in that the business keeps its assets. In contrast to a Chapter 13 bankruptcy, a straight Chapter 11 is typically much more difficult because the company must submit ongoing operating reports and the plan must be approved by the creditors. For the majority of small businesses, it is also prohibitively expensive.

Bankruptcy is a dreaded word by not just business owners, but families as well. It is not something that people want to go through, but it is the reality for many. With a business, sometimes you can put in all the hard work in the world but still end up filing for bankruptcy.

When starting a business, 30% will fail during the first two years. That number increases to 50% in the first five years, and 66% in the first 10 years. Only 25% will actually make it to at least 15 years.

With these stark statistics, there’s a likely chance that a new business may end up filing for bankruptcy. If that is the case, can your business survive, and if it does, can you get it back on track?

Getting the top bankruptcy attorneys in Scottsdale is one step to take. After that, consider some of the following points to help you get your business back on track.

Determine Which Type of Bankruptcy You’re Filing For

Depending on which bankruptcy you end up choosing to file, whether it be Chapter 7, Chapter 13, or Chapter 11, the case will significantly impact the outcome for your business.

For Chapter 7, your entire business is liquidated and sold off. You would then have to start over from scratch. In contrast, Chapter 13 bankruptcy will affect your company, but you will still have the debt to deal with. With Chapter 11 though, your business will continue to operate daily as your case pushes through the bankruptcy process and a reorganization plan is approved.

Understand What Went Wrong

One of the most important things to focus on after going through the bankruptcy process is to determine what went wrong. One of failure’s benefits is that it’s an opportunity to learn and grow. Take a look at your prior business plan and make essential notes of which parts went wrong that caused you to go into bankruptcy.

Build Your Credit Back Up

One of the hardest things about bankruptcy is that your credit score takes a significant hit. That number is essential if you need to file for a loan to start your business back up again.

Work towards building your credit back up. Start by paying all of your bills and credit cards on time. The more diligent you are about any remaining debt and paying it off, the more favorable outcome it will have on your credit score.

Find Another Source of Revenue

If your business can continue while you are going through bankruptcy, find additional ways to bring in more money. The reason you went into bankruptcy is that you lacked money. So, if you can find other ways to increase your monthly revenue, you’ll have more money to put towards your debt and to keep your business running.

Don’t look at bankruptcy as the end of an era. Instead, consider it as a second act— the new chance to get your company back up and running smoothly once more. It will take a lot of hard work and dedication, but a business can survive and thrive after filing for bankruptcy.

bankruptcy, bankruptcy attorneys, Fighting a Bankruptcy Case, Filing Bankruptcy in Scottsdale, filing for personal bankruptcy
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Expungement Basics And Eligibility

Expungement Basics

Expungement, also known as “expunction,” is a court-ordered procedure in which the legal record of an arrest or conviction is “erased.” In the eyes of the law, it is the same as expunging a criminal record or setting aside a criminal conviction.

This legal procedure can transform the life of a person with a prior conviction or arrest record by expanding their options. By expunging a criminal record, a person is able to live more freely, without fear that past legal troubles will follow them.

This article includes more details about expungement. This should not be construed as formal legal advice for anyone in need of assistance with their arrest or court record.

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The Case’s Assignment

The defendant may seek a criminal defense counsel personally or the court may assign the case to one. Many criminal defense lawyers work for the public defender’s office and are compensated by them. Local, state, and federal courts appoint them to cases. Private firms recruit other criminal defense lawyers. Some criminal defense lawyers have their own law firm that they manage. Due to the referral procedure and the payment coming from individuals other than defendants, public defenders are paid less than private lawyers and have a larger case load. In some situations, a court may appoint a private attorney to represent a client.

Interview with Regards to the Case

When the criminal defense lawyer has the opportunity to meet with the client in person, he or she should strive to learn as much as possible about the case. He or she can learn about possible defenses, as well as the case’s strengths and weaknesses, by asking specific questions regarding the case. This necessitates a detailed and rigorous interrogation of the defendant.

The Case Is Being Investigated

He or she must not only ask the criminal defendant pointed questions regarding the case, but also conduct more investigation into the case to determine any possible routes of acquittal. This frequently entails interrogating police officers about the processes they employed in the case. It could also entail speaking with witnesses who have information about the case and gathering data on the case. All of this material is used to try to put together a good case defensively. If an expert witness is called to testify in the case, the criminal defense attorney may question him or her about the testimony and evidence that will be presented.

Before the case is presented to the jury, a criminal defense counsel has the right to assess the prosecution’s case. This permits him or her to look for flaws in the prosecutor’s case and try to locate evidence that could disprove it, such as hiring an independent lab or expert to evaluate evidence in the case.

Evidence Evaluation

Analyzing the evidence against a criminal defendant necessitates a thorough examination of the facts and hypotheses of the case by a criminal defense attorney. He or she could have evidence evaluated by a third party. He or she may also study the material to see if there are any legal ideas that work against his or her client’s conviction.

Contact with the Client Continued

A criminal defense lawyer must communicate with his or her client on a regular basis to explain any developments in the case and to keep him or her up to date. The lawyer must ensure that the client’s conversations are kept private. The lawyer must also ensure that the client receives information regarding the case so that he or she has a better knowledge of the potential outcomes.

Selection of the Jury

The jury selection procedure is aided by a criminal defense attorney. He or she may seek to have jurors dismissed for cause if he or she believes they are biased against the defendant or simply has a terrible feeling about a possible juror.

Bargaining for a Plea

A criminal defense lawyer is also in charge of discussing the state of the case with the prosecution and negotiating any possible plea bargain. A criminal defense lawyer may be able to help the defendant negotiate a good agreement that results in the charges or punishment being reduced.

Participation in the trial

During the trial, a criminal defense lawyer argues for his or her client. He or she interrogates witnesses, cross-examines state witnesses, and tries to persuade the jury that the prosecution has not met its burden of proof.

Sentencing

A criminal defense lawyer can represent the defendant during the sentencing phase if the criminal defendant is sentenced for the offense, whether he or she accepted a plea deal or was convicted by a judge or jury. He or she may discuss elements that will persuade the judge or jury to shorten the defendant’s sentence and discuss possible alternatives to incarceration.

Although it will vary depending on the state or county, the expungement process typically begins with the filing of an application or petition. Different legal systems employ various terms. So, for instance, California refers to this as clearing your record with a dismissal, while some states, like Michigan, refer to it as setting aside a conviction. Utah refers to this as expungement of records. The process will result in the sealing or removal of your criminal records, regardless of the terminology used.

Your court will probably have standard forms to use when filing an application, as well as lists of the paperwork and information you’ll need to submit with your request. You must be absolutely certain that your request contains all necessary components. Your application should detail the steps you took to locate any missing documents or information and the reasons you were unable to do so.

However, the county prosecutor’s office frequently has everything you’ll need to submit with your request. You may even need to get the prosecutor’s office’s approval before submitting your request to the court in many jurisdictions.

The court will typically issue an order of expungement after granting a petition or application, which other agencies can then be served with. This guarantees that all of the records they may have on you are sealed or deleted. Frequently, these organizations are:

  • the organization that made the arrest (such as the sheriff’s office or local police department);
  • the jail or booking office, for example:
  • the corrections department of your state (covering your records while serving any prison sentences)

Eligibility for Expungement: Additional Factors

You may be required to register and report if your underlying convictions were for sex-related offenses. Don’t assume that just because your criminal record has been expunged, any registration or reporting requirements will also be waived.

In California, for instance, you must file a separate motion to be released from your registration and reporting obligations in addition to an order expunging your criminal history. You would still have to abide by your state’s registration and reporting laws if that separate request were to be denied.

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

(480) 744-7711
INITIAL CONSULTATION

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Criminal Defense, Criminal Law
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Regular Post
Written by Canterbury Law Group

Inheritance and Divorce

Learn whether a court can divide your inheritance in a divorce.

Not necessarily. For purpose of divorce, the law usually categorizes property as either “marital” or “separate.” As a general rule, marital property is subject to division between the spouses; separate property isn’t. This is true whether you live in a “community property” state (like California), which divides property on a 50-50 basis, or an “equitable distribution” state (like New Jersey), which apportions property based on what the court believes is fair under the circumstances.

Is My Spouse Entitled to My Inheritance in Divorce?

That depends on a number of factors, including where you live. Each state’s divorce laws will govern how to address inheritance, in community property states and equitable distribution states as well.

In the overwhelming majority states, an inheritance is considered separate property, belonging exclusively to the spouse who received it and it cannot be divided in a divorce. That holds true whether a spouse received the inheritance before or during the marriage. But in a state like New Hampshire, for example, courts may consider an inheritance to be divisible in a divorce (unless you can persuade a judge that it shouldn’t be).

Now here’s the rub—although your state may initially view an inheritance as separate property, your actions can change it into marital property. Sometimes that happens intentionally in what is called a “transmutation of property.”

An example of an intentional transmutation of property from separate to marital is where a spouse inherits a house, then puts the other spouse’s name on the deed. The spouses move in and share the costs of living there. In that scenario, if a divorce rolls around, the inheriting spouse would be hard pressed to convince a judge that the house was never intended to be marital property.

But let’s say the inheriting spouse never puts the other spouse’s name on the deed, and neither spouse lives in the house during the marriage. At some point down the road, however, the non-owner spouse contributes to improvements which increase the house’s value. At the time of divorce, a judge might determine that—although the house itself may not be marital property—the increase in value specifically due to the improvements is a part of the marital estate, and thus subject to division between the spouses.

The most common example of converting an inheritance to marital property is when the inheriting spouse “commingles” (mixes) the inheritance with marital assets. This can be intentional, but often it happens by mistake. For example, Uncle Zeke passes on and leaves you $10,000 in his will. After you and your spouse break out the bubbly and toast the kindly gentleman, you put the money in an existing savings account that’s in both your names, and which either of you can access at will. If you did that because you wanted to share the inheritance money with your spouse . . . great! Mission accomplished.

But if you thought that putting that money in the joint account was just for convenience, and that it would always remain yours alone, you may have put yourself behind the proverbial eight-ball. By commingling the inheritance with marital funds, you’ve likely converted it into marital property. You can make an argument to the court that this was never your intention, but you’ll have an uphill climb.

Can I Claim My Ex’s Inheritance Received After Divorce?

Sharing a spouse’s inheritance after divorce is a nonstarter, unless your divorce judgment specifically addresses that topic.

That said, there is a situation where an ex-spouse’s post-divorce inheritance could come into play. If you’re receiving spousal support (alimony) or child support, you might be able to petition the court to increase the support amount, based on that inheritance or any interest income the principal is making.

Courts usually allow modification of support—both up and down—for a variety of reasons, such as a job loss, a spouse or child becoming disabled, or a spouse’s substantial pay increase (again, depending on the laws in your state).

You’d first have to see whether your state views an inheritance as a potential basis for a modification request. If it does, you may have viable grounds to seek an increase in support. Of course, this is going to depend in large measure on how significant the inheritance is. Your best bet for success is when the inheritance has substantially enhanced your ex-spouse’s standard of living.

 

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Scottsdale Divorce, Scottsdale family attorneys, Scottsdale Legal Help
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What Is a Priority Claim in Bankruptcy?

What Is a Priority Claim in Bankruptcy?

It’s a common misconception that when a debtor files for bankruptcy, all of their creditors are left in the dark, but this isn’t always the case. Money is readily available to pay creditors in almost all Chapter 13 cases and some Chapter 7 cases.

However, debtors are not automatically reimbursed. A creditor must use an official proof of claim form to submit a “proof of claim” to the court before they can get paid. Additionally, not all debts owed to creditors are handled equally.

Priority claims are obligations that are eligible for special consideration and will be paid before nonpriority claims. The creditor certifies whether a priority status exists by checking the box next to it in box 12 on the proof of claim form.

All claims submitted will be evaluated by the bankruptcy trustee, who has been appointed by the court to manage the case. The trustee will distribute money to priority creditors following the resolution of objections and confirmation of the plan in Chapter 13 bankruptcy. The trustee will pay claims without regard to priority if there is money left over.

Here are some typical priority claim examples:

  • administration fees for the bankruptcy (such as accounting or legal fees)
  • obligations for child and spousal support
  • 180 days prior to bankruptcy, compensation of up to $15,150 was earned (wages, commissions, and other compensation)
  • contributions to an employee benefit plan of up to $15,150
  • deposits made by the filer to secure future personal goods, services, or housing are allowed up to $3,350.
  • a fisherman may receive up to $7,475 for unpaid fish sold to a storage or processing facility.
  • the government’s unpaid taxes, and
  • Injury or fatality claims resulting from drunk driving-related car or boat accidents.

These numbers are valid as of April 1, 2022, and they continue to be so until March 31, 2025.

In a Chapter 13 case, each creditor requesting payment is required to submit a claim. If it appears that a Chapter 7 case is a “asset case,” meaning that funds will be available for distribution, the court will order creditors to submit claims. In contrast, in a “no-asset case,” creditors won’t submit claims.

bankruptcy, bankruptcy attorneys, Chapter 13, Chapter 13 Bankruptcy, Chapter 7, Chapter 7 Bankruptcy, Scottsdale Attorneys, Scottsdale Legal Help
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Expungement Basics

Expungement Basics

Expungement, also known as “expunction,” is a court-ordered procedure in which the legal record of an arrest or conviction is “erased.” In the eyes of the law, it is the same as expunging a criminal record or setting aside a criminal conviction.

This legal procedure can transform the life of a person with a prior conviction or arrest record by expanding their options. By expunging a criminal record, a person is able to live more freely, without fear that past legal troubles will follow them.

This article includes more details about expungement. This should not be construed as formal legal advice for anyone in need of assistance with their arrest or court record.

(480) 744-7711
INITIAL CONSULTATION

The Case’s Assignment

The defendant may seek a criminal defense counsel personally or the court may assign the case to one. Many criminal defense lawyers work for the public defender’s office and are compensated by them. Local, state, and federal courts appoint them to cases. Private firms recruit other criminal defense lawyers. Some criminal defense lawyers have their own law firm that they manage. Due to the referral procedure and the payment coming from individuals other than defendants, public defenders are paid less than private lawyers and have a larger case load. In some situations, a court may appoint a private attorney to represent a client.

Interview with Regards to the Case

When the criminal defense lawyer has the opportunity to meet with the client in person, he or she should strive to learn as much as possible about the case. He or she can learn about possible defenses, as well as the case’s strengths and weaknesses, by asking specific questions regarding the case. This necessitates a detailed and rigorous interrogation of the defendant.

The Case Is Being Investigated

He or she must not only ask the criminal defendant pointed questions regarding the case, but also conduct more investigation into the case to determine any possible routes of acquittal. This frequently entails interrogating police officers about the processes they employed in the case. It could also entail speaking with witnesses who have information about the case and gathering data on the case. All of this material is used to try to put together a good case defensively. If an expert witness is called to testify in the case, the criminal defense attorney may question him or her about the testimony and evidence that will be presented.

Before the case is presented to the jury, a criminal defense counsel has the right to assess the prosecution’s case. This permits him or her to look for flaws in the prosecutor’s case and try to locate evidence that could disprove it, such as hiring an independent lab or expert to evaluate evidence in the case.

Evidence Evaluation

Analyzing the evidence against a criminal defendant necessitates a thorough examination of the facts and hypotheses of the case by a criminal defense attorney. He or she could have evidence evaluated by a third party. He or she may also study the material to see if there are any legal ideas that work against his or her client’s conviction.

Contact with the Client Continued

A criminal defense lawyer must communicate with his or her client on a regular basis to explain any developments in the case and to keep him or her up to date. The lawyer must ensure that the client’s conversations are kept private. The lawyer must also ensure that the client receives information regarding the case so that he or she has a better knowledge of the potential outcomes.

Selection of the Jury

The jury selection procedure is aided by a criminal defense attorney. He or she may seek to have jurors dismissed for cause if he or she believes they are biased against the defendant or simply has a terrible feeling about a possible juror.

Bargaining for a Plea

A criminal defense lawyer is also in charge of discussing the state of the case with the prosecution and negotiating any possible plea bargain. A criminal defense lawyer may be able to help the defendant negotiate a good agreement that results in the charges or punishment being reduced.

Participation in the trial

During the trial, a criminal defense lawyer argues for his or her client. He or she interrogates witnesses, cross-examines state witnesses, and tries to persuade the jury that the prosecution has not met its burden of proof.

Sentencing

A criminal defense lawyer can represent the defendant during the sentencing phase if the criminal defendant is sentenced for the offense, whether he or she accepted a plea deal or was convicted by a judge or jury. He or she may discuss elements that will persuade the judge or jury to shorten the defendant’s sentence and discuss possible alternatives to incarceration.

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

(480) 744-7711
INITIAL CONSULTATION

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Criminal Defense, Criminal Law
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