Written by Canterbury Law Group

What Happens After Filing Chapter 7

What to Expect after Chapter 7 Discharge

What happens after you file Chapter 7. Read on to learn more!

Your Chapter 7 case typically takes four months to complete and finishes once you receive your final decision or bankruptcy discharge letter. Learn more about the duration of Chapter 7 bankruptcy.

Once you receive your “debt discharge,” or the order that forgives qualifying debt, most filers find that their Chapter 7 case is over in a day or two. After filing for bankruptcy, your case will usually be concluded in four months or less. However, if the trustee needs to sell any “nonexempt assets” or if there is litigation that needs to be resolved, the Chapter 7 trustee may leave your case open for a much longer period of time. After the trustee resolves any unresolved matters, liquidates any assets, distributes the proceeds, and files a report with the court, your Chapter 7 bankruptcy case finally comes to a close.

What Takes Place in Each Case of Chapter 7 Bankruptcy

The same Chapter 7 procedures must be followed by all parties in order to be eligible for a debt discharge. After the creditor’s meeting—the one appearance required of all Chapter 7 filers—you will have to wait for 60 days before the court issues your discharge order. Prior to being granted the discharge, you will, at the very least, perform the following:

Complete the bankruptcy papers by providing complete information about your assets, obligations, income, and expenses.
Submit a fee waiver or pay a filing fee.
Provide 521 financial records to the trustee in bankruptcy (the person in charge of overseeing the case).
Participate in the creditors’ 341 meeting, effectively refute any objections to the discharge, and finish the credit and debt counseling courses (you must finish the first one before submitting your application).
However, the matter is not concluded by the bankruptcy court’s discharge letter or ruling.

A discharge letter or order: What Is It?

The order the bankruptcy court mails at the end of the case is referred to as a “discharge letter” or “discharge order”. The ruling formally “discharges” or “eliminates” qualified debt, which includes personal loans, medical debt, and balances on credit cards and utility bills.

Sixty days following the date of the first 341 meeting of creditors, if everything proceeds as planned, the court will order a Chapter 7 discharge. The order may be postponed for a number of reasons, including the trustee’s need for more time to look into the matter or an attempt by a creditor to block the discharge. However, these issues typically don’t surface unless there is litigation or a failing firm.

When a plan is completed, the court in a Chapter 13 case orders the discharge. Within a few weeks, the trustee often turns in the last set of documents necessary to initiate the discharge order.

The debtor is released from qualifying debt liability upon the discharge. Additionally, it forbids creditors from making an effort to recoup the dismissed debt. A copy of the discharge order or discharge letter is mailed by the court to all parties concerned, including the debtor, creditors, and legal counsel.

It will list the categories of debt that are frequently discharged in bankruptcy rather than the specific obligations that have been discharged. It is advisable to have a copy of the letter on available. Give the creditor the case number and the order’s discharge date over the phone.

When Will Your Bankruptcy Case End Under Chapter 7?

The case will stay open if the court needs to take additional action, and you will need to work with the trustee until the bankruptcy court settles all issues.

What Takes Place If I Own Property That I Cannot Keep?

It is your responsibility to give any non-exempt assets to the trustee handling your case. It is the trustee’s responsibility to collect the nonexempt assets, sell them, and give the money raised to your creditors who have submitted legitimate claims documentation. Locating the property and liquidating it may take the trustee months, or in extreme circumstances, a year, if your case is intricate. Cases over a year old are strongly discouraged by the bankruptcy court.

You may be asked to assist the trustee in gathering the property. The worst-case scenario, which would include losing your nonexempt assets and nearly all of the benefits of the bankruptcy discharge, could occur if you don’t cooperate.

What Takes Place When a Lawsuit Is Filed?

Unless the trustee or a creditor contests your right to dismiss all of your debts, a bankruptcy case usually has no bearing on your general discharge. In spite of this, your case may still be pending after you’ve been discharged. In that case, you have an obligation to assist.

The following are some bankruptcy lawsuit categories that could cause a delay in the conclusion of your case:

Figuring out if a debt is dischargeable. The court will continue to hear your case until it makes a determination about the dischargeability of any debt that you or one of your creditors files a lawsuit asking it to decide
Litigation by the trustee to collect assets. A trustee may occasionally need to sue a third party in order to get access to your nonexempt assets.
For instance. Let’s say a month before to filing, you sold your cousin’s car for half of its original price. The entire worth of the car would belong to the trustee. If your cousin refused to give up the car or pay the full amount owed, the trustee would sue.

For instance. Let’s say you settled your Chapter 7 case with your preferred creditor after making a sizable payment to them. To get the money back, the trustee could sue.

The Final Report of the Trustee

Upon the liquidation of all assets and payment of all claims, the trustee will submit a Final Report to the court. The court will issue a final judgment and the court clerk will close the matter unless any party objects to the final report.

Reopening a Chapter 7 Bankruptcy Case That Was Closed

Even the judge’s ultimate ruling in the case won’t mean that it is over. Reopening the case is sometimes required. Usually, this occurs when an asset that ought to have been included in the case during its active period is discovered by the trustee, a creditor, or the debtor. If the case is reopened, you will still be required to assist the trustee, but the court will not be able to reverse your release more than a year after the case was closed.

The source is located at https://www.nolo.com/legal-encyclopedia/when-does-my-bankruptcy-case-end.html.

Speak With Our Bankruptcy Lawyers In Phoenix & Scottsdale

Canterbury Law Group should be your first choice for any bankruptcy evaluation. Our experienced professionals will work with you to obtain the best possible outcome. You can on the firm to represent you well so you can move on with your life. Call today for an initial consultation. We can assist with all types of bankruptcies including Business BankruptcyChapter 7 BankruptcyCreditor RepresentationChapter 5 ClaimsChapter 13 Bankruptcy, Business RestructuringChapter 11 Bankruptcy, and more.

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

Written by Canterbury Law Group

Supervised Custody Exchanges

If you are looking for information on modification of parenting time in Arizona, this post should help! Here we show you how to modify visitation time in Arizona. You can ask the court to modify your parenting time agreement if you can prove that there is enough evidence to show that modifying your parenting time agreement is in the best interests of your child(ren). All you must do to modify parenting time in Arizona is file a Petition for Modification of Parenting Time with the court. You can file a petition for parenting time modifications until your child(ren) turn 18 years of age.  To win your petition, you must establish a substantial and continuing change of circumstances has occurred since issuance of your prior custody orders, and that modifying the orders is in the best interests of the minor children.

Although Arizona law states that you must wait at least 1 year before you can make modify a custody order unless you can prove there is an immediate threat of harm to the child(ren). According to Justia US Law, “No motion to modify a custody decree may be made earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child’s present environment may endanger seriously his physical, mental, moral or emotional health.

On the other hand, making changes to your parental access schedule can happen at any time. Nearly all judges won’t like seeing parents going back to court repeatedly to request changes in custody orders unless there is a significant change in circumstances which is systemic and ongoing.  Put another way, a one-time occurrence is not sufficient to justify child custody orders, you need a change in circumstances that is systemic and ongoing.

A supervised custody exchange is a structured process where children are transferred between parents under the observation of a neutral third party to ensure the safety and well-being of everyone involved. This arrangement is often used in cases where there is a history of conflict, domestic violence, substance abuse, or other concerns that could put one of the parents or the child at risk during a handover. The goal is to facilitate safe and conflict-free exchanges of children between parents or guardians.

Key Aspects of Supervised Custody Exchanges:

  1. Neutral Location: Exchanges usually occur in a neutral, safe location, such as a supervised visitation center, a police station, or a designated exchange facility. This ensures that neither parent has an advantage or control over the environment.
  2. Third-Party Supervision: A trained supervisor or professional staff member is present during the exchange to observe and ensure it happens peacefully. In some cases, the exchange may occur in the presence of a family member or a neutral adult, but professional supervision is often preferred.
  3. Prevention of Conflict: The presence of a supervisor reduces the likelihood of verbal arguments, threats, or violence between parents. It helps create a structured and emotionally neutral environment for the children.
  4. Staggered Timing: Sometimes, supervised exchanges involve one parent dropping off the child first, and the other parent picking them up later, so the two parents do not come into direct contact with each other.
  5. Documentation: The supervisor often documents the details of each exchange, such as whether the handoff occurred on time, how the children behaved, and any issues that arose. These records can be used in court if necessary.
  6. Child-Focused: The process is designed to reduce the emotional stress on children during exchanges. By minimizing the chances of parental conflict or stressful encounters, supervised exchanges aim to create a more stable environment for children.

When Are Supervised Custody Exchanges Necessary?

Supervised exchanges may be ordered by the court in situations such as:

  • History of domestic violence: To protect one parent from potential harm or intimidation.
  • High-conflict divorce or separation: Where parents struggle to communicate without arguing in front of the children.
  • Substance abuse issues: When one parent has a history of drug or alcohol abuse, ensuring the exchange is safe and monitored is critical.
  • Restraining orders: If a restraining order or protection order is in place, supervised exchanges can ensure compliance.
  • Concerns for child safety: If there are concerns about the child’s well-being with one of the parents, supervised exchanges ensure their safety during the transition.

How to Arrange Supervised Custody Exchanges:

  1. Court Order: In many cases, a judge will order supervised exchanges as part of a custody agreement or divorce settlement.
  2. Voluntary Agreement: Parents can agree to supervised exchanges without a court order, particularly if both parties recognize the need for a neutral third party to facilitate the handoff.
  3. Professional Services: Many communities offer professional supervised exchange services through family law centers or social service agencies. These services often have trained staff who are experienced in managing high-conflict situations.

Benefits of Supervised Custody Exchanges:

  • Ensures Safety: Both parents and children are protected during the handoff.
  • Reduces Conflict: By eliminating direct contact between parents, supervised exchanges help avoid arguments and confrontations.
  • Creates Stability: Children benefit from a predictable, calm process that reduces the stress and anxiety often associated with custody exchanges.
  • Legal Documentation: The presence of a supervisor provides a legal record of the exchange, which can be useful in court proceedings.

Supervised custody exchanges are a valuable tool in situations where direct interactions between parents could pose a risk or cause emotional distress, helping maintain a child-focused and safe environment during transitions.

Emergency Petition To Modify Parenting Time or Child Custody

Arizona courts can also grant an emergency petition to modify parenting time or child custody if one parent or the other raise allegations that indicate the child(ren) are at risk of serious harm. If that happens, the court has the authority to change or eliminate parenting time for that parent until an evidentiary hearing is scheduled. At the evidentiary hearing, both parents will be able to present evidence, testify under oath, and the court will decide whether to keep the emergency order in place, modify it, or cancel it.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Speak With Our Child Custody Attorneys In Scottsdale

Our child custody and guardianship attorneys in Phoenix and Scottsdale will advance your case with personal attention and care always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will fight for you to obtain the best possible outcome in your situation. Call today for an initial consultation at 480-744-7711 or [email protected]

Written by Canterbury Law Group

Explaining Custody Orders to Children

In Arizona family courts, judges often do everything in their power to keep divorce proceedings from negatively impacting children’s emotional well-being, especially when there are contentious custody proceedings taking place. Most judges discourage parents from even speaking to the children about custody disputes. However, at some point parents getting a divorce will eventually have to explain the divorce and custody arrangements to the children. It will have to be done regardless of the type of custody arrangement the court ultimately orders.

Explaining custody to a child can be a bit difficult if the child is still quite young. The process may be easier for an older teen, but they are still emotionally vulnerable as well. You can always ask for family Law help in Scottsdale to get pointers in explaining custody arrangements to children. Here are several tips from divorce experts who have navigated these waters before you:

Tell Them the Important Facts of the Custody Arrangement

You don’t need to explain the intricate legalities of joint or sole custody to children. However, you will have to explain terms of the custody arrangement as simply as possible, because it will affect them more profoundly than you. Here are the things you should tell children:

  • With which parents the kids will stay, or how much time they will have to spend at each parent’s house. These courts ordered parenting time allocations are not optional and must be followed by both parents, and the children.
  • The parent who will drop them off and pick up from school.
  • The parent who will handle transportation.
  • Repeatable schedules with each parent.
  • Living arrangements for the summer or annual vacation times (e.g. Spring or Fall Break).

Avoid Distressing Subjects

You don’t have to explain to children why the custody arrangement is the way it is, or why the parents went through a divorce. Do not bad mouth the other parent in front of the children, either. Doing some of these things may even land you in trouble with the court. Do not discuss child support, alimony or other money issues with the children either. If something is not of immediate concern to the wellbeing of the child, avoid the subject.  Money and property and other adult issues should remain discussed between counsel and the parents, not the minor children.

Let Them Know They are Loved

Children of divorced parents may experience a host of negative emotions, including feelings of abandonment or guilt. Some children feel like it is “their fault” that Mom and Dad split up.  It’s important to let the children know that both parents love them even if the parents are now divorced. Don’t leave any room for them to be alarmed about the custody arrangement. Show them that it is in their best interest. If the children have to spend time at two locations, tell them it is so because both parents want to take part in both their lives. Explain custody in a positive note so children are not unnecessarily distressed and worried with the new realities post-Decree.

Let them Feel Comfortable with Lawyers and Mediators

Children in the middle of contentious divorces may have to put up with strangers whom they keep encountering like lawyers and court-appointed advisors or interviewers. It’s important that children become familiar with these people and this process and not feel ambushed.  If explaining custody is too much for you, you can ask your lawyer to gently break the news to them. The lawyer will be familiar with what information is allowed by the court and what is not, to tell directly to the children.

It’s never easy to discuss divorce or custody with children. Hopefully, the above suggestions will help.  Regardless, you should rely on your chosen legal professional to help you navigate these critical and choppy waters.

Written by Canterbury Law Group

Understanding Child Custody Evaluations

Child custody evaluations are a critical component in legal disputes over the custody and care of children. These evaluations are conducted by mental health professionals, usually psychologists or social workers, who are trained in assessing family dynamics and child welfare. The primary goal is to determine the best interests of the child and make recommendations to the court regarding custody and visitation arrangements. Here is a detailed guide to understanding child custody evaluations:

Purpose of Child Custody Evaluations

  1. Best Interests of the Child: The foremost objective is to ensure that the custody arrangement serves the best interests of the child, focusing on their health, safety, and welfare.
  2. Parental Capabilities: Evaluations assess each parent’s ability to provide for the child’s physical and emotional needs.
  3. Parent-Child Relationship: Evaluators examine the strength and quality of the relationship between the child and each parent.
  4. Environmental Stability: The evaluation considers the stability and suitability of each parent’s living environment.

The Evaluation Process

  1. Initial Interviews: The evaluator conducts interviews with both parents, individually and sometimes together, to gather background information and understand their perspectives.
  2. Child Interviews: The evaluator may interview the child, depending on their age and maturity, to hear their views and observe their interactions with each parent.
  3. Observations: Evaluators often observe the child’s interactions with each parent in their home environment to assess the nature of the relationships.
  4. Psychological Testing: Sometimes, psychological tests are administered to parents and children to gain deeper insights into their personalities and mental health.
  5. Collateral Contacts: The evaluator may speak with teachers, doctors, family members, and others who have significant interactions with the family.
  6. Review of Documents: Relevant documents, such as school records, medical records, and previous court orders, are reviewed.

Factors Considered

  1. Parenting Skills: Ability to meet the child’s needs, provide structure, and discipline appropriately.
  2. Mental and Physical Health: The mental and physical well-being of both parents and how it impacts their parenting.
  3. Child’s Needs: Special needs, preferences (if age-appropriate), and overall well-being.
  4. History of Abuse or Neglect: Any history of domestic violence, abuse, or neglect is critically important.
  5. Parental Cooperation: Willingness and ability of each parent to support the child’s relationship with the other parent.

The Report

  1. Comprehensive Summary: The final report includes a detailed summary of the evaluation process, observations, interviews, and findings.
  2. Recommendations: The evaluator provides recommendations for custody and visitation arrangements that they believe are in the best interest of the child.
  3. Submission to Court: The report is submitted to the court and is typically used as a key piece of evidence in making custody determinations.

Pros and Cons

Pros:

  • Informed Decisions: Provides the court with a professional, neutral assessment of the family situation.
  • Child-Focused: Emphasizes the best interests and welfare of the child.
  • Detailed Analysis: Offers a thorough examination of family dynamics and parenting capabilities.

Cons:

  • Intrusive: The process can feel invasive and stressful for both parents and children.
  • Time-Consuming: Evaluations can take several months to complete.
  • Expensive: The cost of evaluations can be significant, potentially placing a financial burden on the family.
  • Subjective: Despite professional training, some level of subjectivity and bias can influence the evaluator’s recommendations.

Preparing for an Evaluation

  1. Be Honest: Provide accurate and truthful information.
  2. Cooperate Fully: Be respectful and cooperative with the evaluator.
  3. Document Interactions: Keep detailed records of interactions with your child and the other parent.
  4. Focus on the Child: Emphasize your commitment to the child’s best interests.

Child custody evaluations play a vital role in helping courts make informed decisions about custody and visitation arrangements. Understanding the evaluation process, the factors considered, and how to prepare can help parents navigate this challenging aspect of custody disputes. It is often beneficial to seek legal advice and support to ensure that the evaluation process is fair and comprehensive.

The cost of child custody evaluations can vary significantly based on several factors, including the complexity of the case, the geographic location, the evaluator’s qualifications, and the specific services required. Here’s a breakdown of potential costs and factors that influence them:

Average Costs

  1. Basic Evaluations: For a straightforward custody evaluation, costs typically range from $1,500 to $6,000. This includes initial interviews, home visits, and basic assessments.
  2. Comprehensive Evaluations: More in-depth evaluations that involve extensive psychological testing, multiple interviews, and collateral contacts can range from $5,000 to $15,000 or more.
  3. High-Conflict Cases: In cases with significant conflict, allegations of abuse, or complex family dynamics, costs can exceed $20,000.

Factors Influencing Costs

  1. Evaluator’s Qualifications: More experienced and highly qualified evaluators (e.g., psychologists with specialized training in child custody evaluations) generally charge higher fees.
  2. Geographic Location: Costs can vary based on the cost of living and standard rates for professional services in the area. Evaluations in major metropolitan areas tend to be more expensive than in rural areas.
  3. Complexity of the Case: Cases involving multiple children, high conflict, or allegations of abuse/neglect require more time and resources, increasing the overall cost.
  4. Extent of Evaluation: The scope of the evaluation, including the number of interviews, home visits, psychological tests, and collateral contacts, impacts the total cost.
  5. Court Requirements: Some courts have specific requirements for evaluations, which can affect the cost. Court-ordered evaluations may also include additional fees for court appearances and reports.

Additional Costs

  1. Court Appearances: If the evaluator is required to testify in court, there are additional fees, which can range from $200 to $500 per hour, including preparation and travel time.
  2. Psychological Testing: Comprehensive psychological testing can add several hundred to several thousand dollars to the total cost.
  3. Travel Expenses: If the evaluator needs to travel significant distances for home visits or interviews, travel expenses may be added to the cost.

Payment and Financial Assistance

  1. Payment Plans: Some evaluators offer payment plans to spread the cost over time, which can help manage the financial burden.
  2. Sliding Scale Fees: In some cases, evaluators may offer sliding scale fees based on the parents’ income levels.
  3. Court Assistance: In certain jurisdictions, the court may assist with evaluation costs for low-income families or may have a list of evaluators who offer reduced rates.

Conclusion

Child custody evaluations are a significant investment, but they can play a crucial role in determining the best interests of the child in custody disputes. It’s important for parents to understand the potential costs involved and explore options for managing these expenses, including discussing payment plans or seeking court assistance if necessary. Always consider consulting with legal counsel to navigate the financial and legal aspects of custody evaluations effectively.

Speak With Our Guardianship Lawyers in Arizona

Contact Canterbury Law Group today if you need an experienced child custody lawyer or guardianship lawyer in Phoenix or Scottsdale, Arizona to help with your case. Our experienced family law attorneys will work with you to achieve the best outcome for your situation. Call today for an initial consultation! 480-744-7711

Bankruptcy Exemptions
Written by Canterbury Law Group

Federal and State Bankruptcy Exemptions

What are Bankruptcy Exemptions?

Bankruptcy exemptions are laws that allow debtors to protect certain property from being taken by creditors during the bankruptcy process. These exemptions help ensure that individuals can maintain a basic standard of living while resolving their debts. The specific exemptions available can vary by state, but they generally fall into two categories: federal exemptions and state exemptions.

Federal Bankruptcy Exemptions

The federal bankruptcy code provides a set of exemptions that apply in every state. Debtors can choose to use these exemptions instead of state exemptions if the state allows it. Some common federal exemptions include:

  1. Homestead Exemption: Protects a certain amount of equity in the debtor’s primary residence. In 2024, the federal homestead exemption is $27,900.
  2. Motor Vehicle Exemption: Protects up to $4,450 in equity in one motor vehicle.
  3. Personal Property Exemptions: Protects specific amounts of equity in personal property, such as:
    • Household goods and furnishings (up to $700 per item, with a total limit of $14,875).
    • Jewelry (up to $1,875).
    • Tools of the trade (up to $2,800).
  4. Wildcard Exemption: Allows debtors to protect any property up to a certain amount. In 2024, the federal wildcard exemption is $1,475, plus up to $13,950 of any unused portion of the homestead exemption.
  5. Retirement Accounts: Protects most tax-exempt retirement accounts, such as 401(k)s and IRAs, up to a certain limit (IRAs are capped at $1,512,350).
  6. Public Benefits: Protects Social Security, unemployment, and disability benefits.
  7. Life Insurance: Protects life insurance policies with a loan value up to $14,875.

State Bankruptcy Exemptions

Each state has its own set of bankruptcy exemptions, and some states allow debtors to choose between the state and federal exemptions. States that do not allow the use of federal exemptions require debtors to use state exemptions. Some examples of state exemptions include:

  1. Homestead Exemption: Varies widely by state. Some states, like Florida and Texas, offer unlimited homestead exemptions, while others have specific dollar limits.
  2. Motor Vehicle Exemption: Amounts vary by state. For example, California allows up to $3,325 in equity in one motor vehicle.
  3. Personal Property Exemptions: Protect specific types and amounts of personal property, such as:
    • Clothing, furniture, and appliances.
    • Tools of the trade.
  4. Wages: Many states protect a portion of the debtor’s wages from garnishment.
  5. Retirement Accounts: Most states offer exemptions for retirement accounts similar to federal protections.
  6. Public Benefits: Protects various public benefits, such as Social Security, unemployment, and disability benefits.
  7. Wildcard Exemptions: Some states offer a wildcard exemption that can be applied to any property.

Choosing Exemptions

Debtors must choose either the federal or state exemptions, depending on their state of residence. In some cases, the choice of exemptions can significantly impact the outcome of the bankruptcy case. Consulting with a bankruptcy attorney can help debtors understand which set of exemptions is more beneficial for their situation.

Arizona Exemptions

At Canterbury Law Group, our Scottsdale attorneys are renowned bankruptcy technicians. We represent clients through the entire bankruptcy process and, although all cases are unique, the end goal of bankruptcy is always a new beginning and fresh financial start.

We help clients determine eligible exemptions for their bankruptcy case. Here are some of the most common exemptions available under Arizona law (meaning that they will emerge from bankruptcy):

  • Alimony and Child Support – Alimony and child support, up to the amount needed for support. 33-1126.
  • Bank Deposit – A debtor may exempt $300 in a single bank account. Ariz. Rev. Stat. Ann. § 33–1126(8).
  • Homestead or Residential Property – Under Arizona law, debtors may exempt up to $150,000 (per debtor or married couple) of their home or other real property covered by the homestead exemption. Ariz. Rev. Stat. Ann. §§ 33–1101, 33–1103 and 33–1104.
  • Insurance Benefits – Life insurance benefits that are payable or received by a surviving spouse or child, up to $20,000.
  • Claims for the destruction of, or damage to, exempt property – Cash surrender value of life insurance policies, subject to length of ownership requirements and other exceptions.
  • Motor Vehicles – A debtor may exempt up to $6,000 in one or more motor vehicles. An elderly or disabled debtor, or an elderly or disabled spouse or dependent of the debtor, may exempt up to $12,000.
  • Pension and Retirement Benefits – Benefits from various employee pension systems are exempt. Ariz. Rev. Stat. Ann. §§ 33–1126 and 38–792.
  • Personal Property – A debtor may exempt the following personal property:
    • up to $6,000 in household furniture and appliances not covered by other exemptions
    • up to $1,000 total in bible, bicycle, sewing machine, typewriter, computer, burial plot, rifle, pistol or shotgun
    • up to $500 in clothing
    • up to $400 in musical instruments
    • up to $800 in animals
    • up to $2,000 in engagement and wedding rings
    • up to $250 in books
    • up to $150 in watch
    • wrongful death awards
    • prepaid rent or security deposit to $2,000 or 1.5 times your rent, whichever is less, in lieu of using homestead exemption.
    • all teaching materials for youth, and
    • certain professionally prescribed health aids.
  • Tools of the Trade – A debtor may exempt up to $5,000 in trade implements, which includes farming tools if the debtor’s primary income is from farming. All arms and uniforms that a debtor is legally required to keep are exempt. Library and teaching aids of a teacher.
  • Unemployment Compensation – Unemployment compensation is exempt as long it is not commingled with other funds and except for the enforcement of child support orders. Ariz. Rev. Stat. Ann. § 23–783.
  • Wages – A debtor may exempt the lesser of the following wages, per week:
    • 25% of his or her disposable earnings, or
    • earnings in excess of 30 times the federal minimum wage
    • Workers’ Compensation – A debtor may exempt up to $6,000 in one or more motor vehicles. An elderly or disabled debtor, or an elderly or disabled spouse or dependent of the debtor, may exempt up to $12,000.

Our legal team is ready to represent you in your Scottsdale business or personal bankruptcy case. Call us today to schedule your consultation. Our track record speaks for itself! 480-744-7711.

What Are Joint Custody Agreements?
Written by Canterbury Law Group

How to Prepare for Child Custody Court

Preparing for child custody court requires careful planning, organization, and a clear understanding of the legal process. Here are some steps to help you prepare effectively:

1. Understand the Legal Standards

  • Best Interests of the Child: Familiarize yourself with the factors the court considers in determining what is in the best interests of the child, such as the child’s needs, each parent’s ability to provide care, and the child’s relationship with each parent.

2. Gather Documentation

  • Parenting Plan: Prepare a detailed parenting plan that outlines your proposed custody arrangement, visitation schedule, and decision-making responsibilities.
  • Evidence of Involvement: Collect documents showing your involvement in your child’s life, such as school records, medical records, extracurricular activities, and daily routines.
  • Communication Records: Keep records of all communication with the other parent, especially if there are disputes or issues. This includes emails, text messages, and notes from conversations.

3. Financial Records

  • Income and Expenses: Prepare documentation of your income, expenses, and financial stability, including pay stubs, tax returns, and bank statements.
  • Child-Related Expenses: Keep track of expenses related to your child’s care, such as healthcare, education, and extracurricular activities.

4. Character References

  • Witnesses: Identify individuals who can testify to your parenting abilities and relationship with your child, such as teachers, coaches, family members, and friends.
  • Letters of Support: Gather letters from people who can attest to your character and involvement in your child’s life.

5. Prepare for Court Appearance

  • Dress Appropriately: Wear professional attire that reflects the seriousness of the court proceedings.
  • Arrive Early: Plan to arrive at the courthouse early to allow time for security checks and to find the correct courtroom.

6. Organize Your Case

  • Timeline of Events: Create a timeline of significant events related to your custody case, including important dates and incidents.
  • Binder or Folder: Organize all your documents, evidence, and notes in a binder or folder for easy access during the hearing.

7. Work with Your Attorney

  • Legal Advice: Consult with your attorney regularly to discuss your case, review evidence, and plan your legal strategy.
  • Mock Trial: Consider participating in a mock trial or rehearsal with your attorney to practice presenting your case and answering potential questions.

8. Stay Calm and Composed

  • Emotional Control: Maintain your composure and stay calm during the hearing. Avoid reacting negatively to statements made by the other parent or their attorney.
  • Focus on the Child: Always emphasize the best interests of your child and your commitment to providing a stable, loving environment.

9. Be Honest and Respectful

  • Truthfulness: Be honest in your testimony and avoid exaggerating or misrepresenting facts.
  • Respect for the Court: Show respect for the judge, court staff, and the other parent, even if you disagree with them.

10. Plan for the Future

  • Continued Involvement: Demonstrate your ongoing commitment to being involved in your child’s life and your plans for their future well-being.
  • Adaptability: Be open to compromise and willing to adapt to changing circumstances for the benefit of your child.

Preparing for child custody court involves thorough preparation, organization, and a clear focus on the best interests of your child. By gathering evidence, working closely with your attorney, and presenting yourself professionally, you can effectively advocate for your custody arrangement and demonstrate your commitment to your child’s well-being.

Defining Child Custody Orders

Child custody orders determine the legal authority and responsibilities of parents or guardians regarding the care, upbringing, and decision-making for their children. These orders can vary depending on the specific needs and circumstances of the family, and they may include various types of custody arrangements. Here are some common types of child custody orders:

1. Legal Custody

  1. Joint Legal Custody:
    • Both parents share the authority to make important decisions about the child’s upbringing, including education, healthcare, religion, and extracurricular activities.
    • Joint legal custody does not necessarily require equal parenting time or physical custody.
  2. Sole Legal Custody:
    • One parent has the sole authority to make decisions regarding the child’s upbringing without input from the other parent.
    • Sole legal custody may be awarded if one parent is deemed unfit or if there is a history of conflict or inability to cooperate between the parents.

2. Physical Custody

  1. Joint Physical Custody:
    • The child spends significant time living with both parents, and they share physical custody of the child.
    • Joint physical custody arrangements may be equal (50/50) or substantially shared, depending on the specific needs and circumstances of the family.
  2. Sole Physical Custody:
    • The child primarily resides with one parent, and the other parent may have visitation rights or parenting time according to a schedule determined by the court.
    • Sole physical custody may be awarded if it is determined to be in the best interests of the child or if one parent is unable to provide a stable and suitable living environment.

3. Split Custody

  1. Split Custody:
    • In split custody arrangements, siblings are divided between the parents, with each parent having primary physical custody of at least one child.
    • Split custody arrangements are relatively rare and may be considered if it is deemed to be in the best interests of the children involved.

4. Bird’s Nest Custody

  1. Bird’s Nest Custody:
    • In bird’s nest custody, the child remains in the family home, and the parents take turns living with the child according to a set schedule.
    • This arrangement allows the child to maintain stability in their living environment while the parents rotate in and out of the home.

5. Temporary Custody Orders

  1. Temporary Custody Orders:
    • Temporary custody orders may be issued by the court during the pendency of a divorce or custody dispute to establish custody arrangements until a final decision can be made.
    • These orders are intended to provide stability and structure for the family while the legal process is ongoing.

Conclusion

Child custody orders are tailored to the specific needs and circumstances of each family and are designed to promote the best interests of the child. The type of custody order issued by the court will depend on factors such as the child’s age and preferences, the parents’ ability to cooperate, and any history of abuse or neglect. It’s essential for parents to understand their rights and responsibilities under the custody order and to work together in the best interests of their children

Written by Canterbury Law Group

Chapter 7 Bankruptcy Income Limits

Financial difficulties can put your resilience, patience, and even sanity to the test. All of those exams can be completed by filing for Chapter 7 bankruptcy, but filing will need passing one more test. We refer to it as the means test.

Continue reading to find out more. Please don’t hesitate to contact our knowledgeable and polite staff if you need assistance with the means test or any other aspect of your bankruptcy case.

Statistics on Individual Bankruptcies

It’s important to comprehend why the means test may be worthwhile to go through even in cases where Chapter 13 bankruptcy does not call for it before delving too far into it.

Seven out of ten individuals filing for personal bankruptcy select Chapter 7 liquidation over Chapter 13 restructuring, according to national statistics. During the one-year period ending March 31, 2012, 396,175 Chapter 13 filings were made as opposed to 958,757 Chapter 7 filings.

The explanations are rather obvious: Three to six months may pass between a Chapter 7 discharge and a five-year reorganization plan in almost all Chapter 13 cases. In addition, because to state and federal exemptions, Chapter 7 filers frequently do not lose any property.

Furthermore, you might not be able to file for Chapter 13 bankruptcy, in which case the Chapter 7 means test would need to be your backup plan. This is because Chapter 13 does not have an income ceiling; but, you might not be able to petition under Chapter 13 if your income is insufficient to cover your creditors’ reasonable debts.

Chapter 7: Maximum Income

Most likely, you’ll want to file for Chapter 7 bankruptcy unless you’re seeking to keep your property from going through foreclosure. But what happens if you have a pretty high household income? Since the bankruptcy code was redesigned in 2005, filing for Chapter 7 bankruptcy requires that an applicant’s income level be met. You can file for Chapter 7 bankruptcy protection if your income is less than the state median income for the size of your household. In Illinois, for instance, the median income for a family of four was $107,226 in July 2021.

The Means Test: What Is It?

It’s crucial to realize, meanwhile, that a household income above the state median does not always imply that a Chapter 7 is unaffordable. Instead, you can use the “means test,” a complex formula that can only be understood with the assistance of a knowledgeable bankruptcy attorney.

With the 2005 amendments to the federal bankruptcy code, the means test was instituted with the goal of guaranteeing that debtors who have the means to make at least a partial payment to creditors file under Chapter 13. The intricate mathematical formula’s final objective is to ascertain if the debtor will have enough money left over after expenses are covered to reimburse creditors.

Your Salary and the Means Examination

It should be clear to you by now that the most important consideration in the Chapter 7 means test is your income. It’s not an easy calculation, though. It is not possible to determine if you have “passed” the means test by just entering in your pay. Numerous other factors are involved as well, such as the duration of your computations, your household size, deductions, and more.

Timing of Income Calculations

The means test has been criticized in the past for being too complicated and having a unique calculation method. For instance, the computation does not use the debtor’s current income as the average. The debtor must instead calculate the average of their income over the previous six months in order to pass the means test.

This six-month period may occasionally become more difficult due to changes in your work status or job. For example, if you were unemployed for the past six months after working at a high-paying employment for five of those months, an expert attorney can assist you in accounting for that change in your means test results.

Revenue Sources

You must include sources of income other than your base wage when calculating your income for the means test. The following are some instances of revenue sources that your calculations must take into account:

Your pay
Any money from a side gig or freelance work
Income for retirement
Child support and alimony
Income from unemployment
Costs to Factor Into Your Estimate
Furthermore, the debtor’s current spending do not correspond with the amounts computed for the test. Expenses are not determined by the debtor’s actual expenses, but rather by both local and national norms. For instance, there is a nationwide figure to use, which is updated on a regular basis, for the spending categories of food, housekeeping supplies, clothes and services, personal care items and services, and miscellaneous. The only spending categories where a debtor can incorporate their actual payments in the means test computation are mortgage and auto payments.

Income and Household Size in the Means Test

Your household size will play a major role in whether or not you pass the means test. This is so because the means test income ceiling is based on the number of persons living in your household. That income ceiling will rise in proportion to the number of people living in your home.

For instance, in Missouri, a single-person household’s 2021 Chapter 7 income ceiling is $50,521. However, the cap is $89,418 if there are four people living in your home. Remember that you have passed the means test if your income is below the income limit and you are thus immediately qualified to file under Chapter 7.

It should be pretty easy to calculate the revenue limit if your household size situation is basic. To find out how the court where you will file for bankruptcy determines household size, you may need to speak with your bankruptcy attorney or trustee in more complicated scenarios involving non-resident dependents and related matters.

How to Find Out If You Qualify for Chapter 7 Bankruptcy

The amount left over, if any, after deducting expenses from income determines whether a debtor has sufficient disposable income to be eligible for a Chapter 13 filing. The assumption is that the debtor can afford to pay creditors and should file under Chapter 13 if the projected disposable income over a five-year period is more than $10,000.

A debtor is likely to be eligible for Chapter 7 bankruptcy if their disposable income for the five-year period is less than $6,000. You guessed it: an additional computation is triggered if a debtor’s disposable income is between $6,000 and $10,000.

This formula looks at the ratio of disposable income to the total amount of debt that is unsecured. The debtor will probably not be allowed to file for Chapter 7 if their estimated disposable income over a five-year period exceeds twenty-five percent of their entire amount of unsecured debt. The debtor is likely to pass the means test and be permitted to proceed with a Chapter 7 filing if the percentage is less than 25 percent.

If I Pass the Means Test, What Happens?

Good news! You can proceed with filing for Chapter 7 bankruptcy if you pass the means test. That does not mean that the work is done, though. While it usually takes less time than Chapter 13, the Chapter 7 procedure is more involved and can take many months. A reputable Chapter 7 attorney can assist you in keeping things going forward.

If I Don’t Pass the Means Test, What Happens?

Don’t give up if you don’t pass the means test. It’s possible that you can still file for Chapter 13 bankruptcy. Additionally, you can recalculate the means test results to check if you pass in the event that your income or financial circumstances alter. You can “retake” the means test as much as you’d like because it’s just a calculation that you do. Additionally, you can file for bankruptcy under Chapter 7 after passing it.

Chapter 7 Means Test: Required Forms

The forms used in Chapter 7 are test functions, which are worksheets that assist you in performing proper calculations. These are the forms that you must complete and submit with your bankruptcy.

The forms you’ll need are as follows:

Form 122A-1. The “Chapter 7 Statement of Your Current Monthly Income” is the name of this form. All this paper does is assist you in determining whether your income is less than the state median income. You have passed the means test if it is less than the median. This implies that you are not eligible to use the other two forms on this list.
Form 122A-2. If your salary exceeds the state median, you must complete out this form, which is called the “Chapter 7 Means Test Calculation.” This form will be used to calculate your take-home pay after deducting permitted costs. This will assist in determining if Chapter 7 or Chapter 13 may be appropriate for you.
Form 122A-1Supp. Ascertaining your genuine exemption from the means test is made easier with the use of the “Statement of Exemption from Presumption of Abuse Under § 707(b)(2).” For example, the means test may not be required of certain military personnel.

Written by Canterbury Law Group

Can I File for Bankruptcy Without My Spouse?

You can file for bankruptcy without your spouse. This process is known as “individual bankruptcy,” and it allows one spouse to seek debt relief without involving the other. Here are some key points to consider:

Types of Bankruptcy

  1. Chapter 7 Bankruptcy:
    • Individual Filing: If you file for Chapter 7 bankruptcy individually, only your debts and assets will be considered. Your spouse’s income and assets are generally not included, but their income may be considered to determine your eligibility based on the means test.
    • Means Test: The means test considers household income, so your spouse’s income might be included to determine if you qualify for Chapter 7.
  2. Chapter 13 Bankruptcy:
    • Individual Filing: In a Chapter 13 bankruptcy, your repayment plan will be based on your individual income and debts. However, the household income, including your spouse’s income, may be considered to determine your repayment ability.
    • Repayment Plan: Your spouse is not directly involved in the repayment plan, but their income may affect the overall household budget and repayment amount.

Considerations

  1. Joint Debts:
    • If you and your spouse have joint debts, your bankruptcy filing will impact those debts. For example, if you discharge a joint debt in your bankruptcy, your spouse will still be responsible for repaying it unless they also file for bankruptcy.
  2. Property and Assets:
    • Community Property States: In community property states, most property acquired during the marriage is considered jointly owned, regardless of whose name is on the title. Filing for bankruptcy in these states may involve both spouses’ property.
    • Non-Community Property States: In non-community property states, the bankruptcy will generally only affect the filing spouse’s assets.
  3. Impact on Spouse’s Credit:
    • Filing for bankruptcy individually will not directly impact your spouse’s credit score. However, if you have joint accounts or debts, your bankruptcy can affect their credit indirectly.
  4. Income Considerations:
    • Even if your spouse is not filing, their income may be considered to determine your eligibility for bankruptcy and the terms of your repayment plan. This is especially relevant in Chapter 13 filings.

Benefits of Individual Filing

  • Separate Finances: If your spouse has a good credit score and separate finances, filing individually can help protect their credit.
  • Targeted Debt Relief: Allows you to address your debts specifically without involving your spouse.

When to Consider Joint Filing

  • Significant Joint Debts: If you and your spouse have significant joint debts, filing together may provide more comprehensive debt relief.
  • Combined Financial Issues: If both spouses are facing financial difficulties, joint filing can streamline the process and reduce overall legal fees.

Legal Advice

  • Consult an Attorney: It’s important to consult with a bankruptcy attorney to understand the implications of filing individually versus jointly. An attorney can help you navigate the complexities of the process and determine the best course of action based on your specific situation.

Speak With Our Bankruptcy Lawyers In Phoenix & Scottsdale

Canterbury Law Group should be your first choice for any bankruptcy evaluation. Our experienced professionals will work with you to obtain the best possible outcome. You can on the firm to represent you well so you can move on with your life. Call today for an initial consultation. We can assist with all types of bankruptcies including Business BankruptcyChapter 7 BankruptcyCreditor Representation, Chapter 5 ClaimsChapter 13 Bankruptcy, Business RestructuringChapter 11 Bankruptcy, and more.

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

Written by Canterbury Law Group

Proof Of Custody

The most crucial element of your custody case is the evidence. It validates your beliefs about what’s best for your child. Whether the judge rules in your favor depends on the evidence you provide in court.

It is best to begin gathering evidence right away, even prior to filing a lawsuit. The best person to advise you on the best evidence for child custody is a lawyer, but the following will get you started in the right direction toward assembling a strong case.

In family court, what is admissible evidence?

Evidence that you are permitted to present in court is known as admissible evidence. The specifics of your case and your court’s rules of evidence will determine what evidence is admissible in most cases. To find out what you are permitted to present, you will need to conduct some research.

You cannot introduce evidence in family court that is considered inadmissible. Hearsay, for instance, which is the repetition of something you say someone else said, is usually not admissible. Additionally, evidence that has no direct bearing on the matter at hand is frequently excluded.

The majority of courts allow the kinds of evidence that are being discussed here.

The best kinds of proof in custody disputes

Your proof should show that it is in the child’s best interests to grant you custody. The following categories of proof can help you make your point.

Obtain official documentation to demonstrate your suitability as a parent:

Pay stubs and tax returns are examples of income documentation that demonstrates your stability.
Medical records attesting to your child’s receiving quality care.
Your child’s grades on school reports, which frequently reflect their home life.
Any incidents involving the other parent that are reported to the police.
Private documents.

Your personal records are your creation. They can demonstrate how you contribute to your child’s upbringing and your current relationships with the child and the other parent.

Documents that support your case consist of:

A suggested visitation schedule that indicates your preferred times for exchanging the child.
If you already have a timetable, a record of parenting time that was lost or refused.
An expense report demonstrating your financial support of your child’s needs.
Printed copies of your co-parent’s texts, emails, and other communications.
Call log to demonstrate that you try to communicate with your child.
Images and recordings.
If you and your child have a formal relationship, the court will want to know. Videos and images can be used to illustrate this..

Here are some instances of what images can demonstrate:

The child is in a stable home with you.
You spend time with the child—you might even take them on a trip.
You show up to the kid’s extracurricular activities.
You try to maintain the other parent’s involvement with the child.
Posts on social media.
Unknowingly sharing information on social media that can harm their case, parents can do so.

Posts on social media can reveal:

The conduct of the parent (e.g., regular partying.)
The relationship between parents and children.
The bond between parents.
Revenue (such as posts about significant purchases.)
You will need to substantiate the authenticity and unedited nature of any social media posts you intend to use as evidence. Ensure that the date and the user’s profile name are visible in any screenshots you take.

Journals: You can use a custody journal to document your interactions with the child and the other parent.

You can record in your journal:

Circumstances where you feel the other parent did not act in the child’s best interests.
Relationships with the additional parent.
Spending quality time with the child.
The emotional condition of the child.
The pediatrician’s appointments.
The way the kid behaved.
A journal can assist you in determining who to call as witnesses and in recalling incidents for your court appearance, even if you decide not to use it as evidence.

Testimony of witnesses

Witnesses give your accusations context. List trustworthy witnesses along with their names and contact details.

Witnesses have the following options for weighing:

Written testimony: A first-hand account of an incident that is relevant to the case is written by the witness.
Extrajudicial depositions (A witness testifies outside of court while under oath.)
Live witness testimony: During a trial, you or your attorney can cross-examine witnesses for the other side as well as for your own.
Child testimony in private (A judge speaks with the child to learn about their emotions.)
Character reference letters (Educators, coaches, and other stakeholders provide input regarding your bond with your child.)
Evaluations of custody (A specialist prepares a report after studying the family)
Plans for the child’s future.

The judge will be looking for proof that you have given your child’s future some thought. To demonstrate this, you can:

Create a visitation schedule and parenting plan.
Describe your plan for keeping the other parent updated on your child’s development.
Demonstrate that you can modify your work schedule to accommodate your child or that you have childcare arrangements in place for them.
Arrangement of evidence in a custody case.
You’ll need to arrange your evidence once you have the best evidence possible for your child custody case.

To arrange your documentation, think about creating a custody documentation binder. Important papers, notes, and additional evidence you intend to provide in court are kept in a trial binder.

Make three copies of every document: one each for the opposing party, the judge, and the witness. To protect each document, place it inside a clear plastic sleeve. Sort your documents using section dividers according to the following.

Court records, or all of the files you have submitted for the case.
Draft of an overview of the evidence you will present in court: opening statements.
Proof (records, images, etc.)
Details about the witnesses (a list of all the witnesses, the questions you plan to ask them, and the documents you will provide them with that are relevant to their testimony.)
Final remarks (a preliminary synopsis of the argument you made.)

Emergency Petition To Modify Parenting Time or Child Custody

Arizona courts can also grant an emergency petition to modify parenting time or child custody if one parent or the other raise allegations that indicate the child(ren) are at risk of serious harm. If that happens, the court has the authority to change or eliminate parenting time for that parent until an evidentiary hearing is scheduled. At the evidentiary hearing, both parents will be able to present evidence, testify under oath, and the court will decide whether to keep the emergency order in place, modify it, or cancel it.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Speak With Our Child Custody Attorneys In Scottsdale

Our child custody and guardianship attorneys in Phoenix and Scottsdale will advance your case with personal attention and care always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will fight for you to obtain the best possible outcome in your situation. Call today for an initial consultation at 480-744-7711 or [email protected]

Written by Canterbury Law Group

Types of Child Custody Orders

Child custody orders determine the legal authority and responsibilities of parents or guardians regarding the care, upbringing, and decision-making for their children. These orders can vary depending on the specific needs and circumstances of the family, and they may include various types of custody arrangements. Here are some common types of child custody orders:

1. Legal Custody

  1. Joint Legal Custody:
    • Both parents share the authority to make important decisions about the child’s upbringing, including education, healthcare, religion, and extracurricular activities.
    • Joint legal custody does not necessarily require equal parenting time or physical custody.
  2. Sole Legal Custody:
    • One parent has the sole authority to make decisions regarding the child’s upbringing without input from the other parent.
    • Sole legal custody may be awarded if one parent is deemed unfit or if there is a history of conflict or inability to cooperate between the parents.

2. Physical Custody

  1. Joint Physical Custody:
    • The child spends significant time living with both parents, and they share physical custody of the child.
    • Joint physical custody arrangements may be equal (50/50) or substantially shared, depending on the specific needs and circumstances of the family.
  2. Sole Physical Custody:
    • The child primarily resides with one parent, and the other parent may have visitation rights or parenting time according to a schedule determined by the court.
    • Sole physical custody may be awarded if it is determined to be in the best interests of the child or if one parent is unable to provide a stable and suitable living environment.

3. Split Custody

  1. Split Custody:
    • In split custody arrangements, siblings are divided between the parents, with each parent having primary physical custody of at least one child.
    • Split custody arrangements are relatively rare and may be considered if it is deemed to be in the best interests of the children involved.

4. Bird’s Nest Custody

  1. Bird’s Nest Custody:
    • In bird’s nest custody, the child remains in the family home, and the parents take turns living with the child according to a set schedule.
    • This arrangement allows the child to maintain stability in their living environment while the parents rotate in and out of the home.

5. Temporary Custody Orders

  1. Temporary Custody Orders:
    • Temporary custody orders may be issued by the court during the pendency of a divorce or custody dispute to establish custody arrangements until a final decision can be made.
    • These orders are intended to provide stability and structure for the family while the legal process is ongoing.

Conclusion

Child custody orders are tailored to the specific needs and circumstances of each family and are designed to promote the best interests of the child. The type of custody order issued by the court will depend on factors such as the child’s age and preferences, the parents’ ability to cooperate, and any history of abuse or neglect. It’s essential for parents to understand their rights and responsibilities under the custody order and to work together in the best interests of their children

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