Scottsdale law firm Archives - Page 10 of 13

Regular Post

Written by Canterbury Law Group

20 July 2016

Trends Between Age and Divorce Rate

Divorce rates for couples who marry in their teens and after their early 30s are on the rise, while couples who marry in their late 20s and early 30s have the greatest chance of a successful marriage, according to a recent study by a University of Utah professor.

The report, published on for the Institute for Family Studies, showed people who marry at 25 are more than 50 percent less likely to get a divorce than people who wed at age 20. And until age 32, each additional year of age at marriage reduces the odds of divorce by 11 percent. After age 32, the odds of divorce increase by 5 percent each year.

This data has been a considerable surprise and appears to be something that’s just developed over the last 20 years. The data leaves little indication as to why divorce rates are changing for people who marry in their mid-30s or later. The trend also remains constant across a variety of other factors, including gender, race, education, religious participation, sexual history and the size of the metropolitan area they live in.

In 1995, the five-year divorce rate for newlyweds younger than 20 was 29 percent, with a rapid decline to 19 percent for couples ages 20 through 24. Divorce rates continued to shrink the older couples were when they got married, with couples ages 35 and older having a divorce rate of 14 percent.
An analysis of data from 2006 through 2010, however, showed a 32 percent divorce rate for couples younger than 20. That rate went down to 14 percent for 30- to 34-year-olds, but increased by 5 percent for couples older than 35, creating an upward trend from previous years.
In 2011, the median marriage age for men was 29 — the highest in decades — and 27 for women — the highest it’s ever been, according to the report.

No matter what your age, going through a divorce can be one of the most challenging times of your life. If divorce has become a reality for you, hiring a qualified divorce lawyer can be critical to your future. Call the Scottsdale divorce layers at Canterbury Law Group today to schedule you consultation. 480-744-7711 or www.canterburylawgroup.com

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Regular Post

Written by Canterbury Law Group

13 July 2016

Arizona Bankruptcy 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.

Regular Post

Written by Canterbury Law Group

6 July 2016

Gawker – Popular Media Site – Files Chapter 11 Bankruptcy

Media site, Gawker, has recently filed Chapter 11 bankruptcy, motivated by the company’s agonizing and all-consuming legal fight with Hulk Hogan. A judge has ordered Gawker to pay Hulk Hoag $140 million in damages.

Gawker has agreed to sell all seven of its brands and other assets to the tech publisher Ziff Davis. The Ziff Davis bid — worth $90 million to $100 million, according to sources — sets the floor for the bankruptcy auction process.

The asset purchase agreement to Ziff Davis, the owner of PC Magazine, marks the start of the bankruptcy auction process. Bidding is expected to continue next week. The sale agreement to Ziff Davis will need to be approved by the bankruptcy court, which will conduct an auction to see if there is a higher offer available. Ziff Davis will be what is known as a “stalking horse bidder,” whose offer for the company can be topped by other bidders.

Gawker is pushing ahead with an appeal of the judgment with Hulk Hogan and has maintained confidence that it will ultimately be vindicated, but the company has been openly entertaining a sale.

Canterbury Law Group helps businesses and individuals, usually with a high net worth, file Chapter 11 to solve their bankruptcy needs. The bankruptcy attorneys at Canterbury Law Group have significant experience with Chapter 11 filings, which tend to be very complex, and are capable of filing an individual case or a corporate entity case under Chapter 11 as mandated by the facts of each individual case.

Filing for bankruptcy can be an intimidating process and people are often ashamed of doing it. However, a real challenge when filing for bankruptcy is not securing the services of trusted legal representation like the bankruptcy lawyers at Canterbury Law Group. The legal process can be very demanding and tedious. Without the help of an experienced lawyer it is common to miss important deadlines, make mistakes on required forms and to misunderstand certain rules or terms which can be highly detrimental to your case. The bankruptcy lawyers at Canterbury law Group work diligently with bankruptcy clients to secure their fresh financial freedom.

The bankruptcy attorneys at Canterbury Law Group are experienced experts in all areas of bankruptcy cases in the Phoenix and Scottsdale area. Please call us today to schedule your consultation.

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Regular Post

Written by Canterbury Law Group

29 June 2016

Johnny Depp Hearings Shine Spotlight on Abuse

The legal problems between Johnny Depp and Amber Heard over her claims of spousal abuse have been making international headlines. The two sides are due to face off as Heard pursues an extension of a domestic violence restraining order that was granted last month. The court set a status conference for August and the judge extended the temporary restraining order that bars Depp from going within 100 yards of Heard.

This celebrity case has raised the importance of protection against domestic violence. At Canterbury Law Group, we know first hand that there are many misconceptions on abuse. If you or someone you know is experiencing domestic violence, here are some answers to common questions:

1. What is Domestic Violence? When you are in a relationship with someone who uses threats, harasses, molests, stalks, attacks, batters or strikes you, your family or your children, that person is committing Domestic Violence. If you are experiencing Domestic Violence, you have a legal right to seek relief from the courts by procuring a protective order.

In the State of Arizona, Domestic Violence includes a variety of abusive acts. You must be able to show the court that the person from whom you want protection has committed or may commit an act of Domestic Violence. You do not have to be physically injured or hurt to be a victim of Domestic Violence. Domestic violence occurs if the other person has done or attempts to:

endanger you threaten, intimidate, or harass you interfere with the custody of your children;
trespass on or damage your property;
restrain you, kidnap, or hold you prisoner;
assault you with his/her body or with a weapon;
display a deadly weapon or threaten you with a deadly weapon;
surreptitiously (without your knowledge) photograph, videotape, film or record you.

2. What types of protective orders are available in Arizona? A Protective Order is a document obtained from a court, to order the abusive person not to contact you and to prevent future abusive behavior. In Arizona there are five types of protective orders:

Order of Protection – An Order of Protection is a legal restraint used to prohibit a person from committing acts of domestic violence or from contacting people protected by the order. It also provides several kinds of protective relief, such as removing firearms from the home, adding other people to the protective order, and exclusive use of the home.
Emergency Order of Protection – An Emergency Order of Protection is also a legal restraint to prevent domestic violence. An Emergency Order may be granted by an authorized judicial officer in writing, verbally or by telephone for the protection of a person in “imminent and present danger of domestic violence.”
Release Order – In rural counties where it is not required that a judicial officer be designated to issue Emergency Orders when the courts are closed, emergency protection is available through a registered Release Order. Arizona law provides that, when a person arrested for an act of domestic violence is released from custody, any Release Order shall include pretrial release conditions necessary to protect the alleged victim and other specifically designated persons.
Injunction Against Harassment – The Injunction Against Harassment orders a person to stop harassing, annoying or alarming another person. Injunctions can be used for disputes against neighbors, strangers, and people who were not dating.
Injunction Against Workplace Harassment – The Injunction Against Workplace Harassment is the newest protective order available in Arizona. It allows an employer or an agent of an employer to file for relief on behalf of all employees at the workplace, against any person who enters the employer’s property and any person who is performing official work duties.

3. How and where can I get an Order of Protection or an Injunction Against Harassment? You may file a petition for an Order of Protection or Injunction Against Harassment in any superior, municipal or justice court regardless of where you live in Arizona. When you enter the court, go to the Clerk of the Court’s counter, Self Service Center, or protection order window and tell the clerk you are requesting an Order of Protection or an Injunction Against Harassment. The clerk will give you the proper Petition forms. Plan on being at the court house for several hours.

If you’re experiencing domestic violence, hiring a family law attorney can be critical to your future. Call the Scottsdale layers at Canterbury Law Group today to schedule you consultation. 480-744-7711.

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Regular Post

Written by Canterbury Law Group

20 June 2016

Mortgage Financing After a Life Changing Event

Bankruptcy, foreclosure and other life events are bumps on the road to sustainable homeownership. With the recent events of the housing bubble and subsequent crash, many people may want a second chance to be homeowners. These “Boomerang Buyers” (a term often used to describe people who had to rent post-2008 but are returning to the homebuying market now that the economy has improved) may not know all the specifics of required waiting periods after their foreclosure, short sale or bankruptcy.The below chart covers the typical waiting periods associated with these types of events. Of course, as an experienced Loan Officer and Sales Manager at Academy Mortgage, I have seen exceptions occur. Working with the best mortgage team can help you get back into a home faster than you may have thought was possible.

Give me a call today so we can cover the specifics of your life event and set a plan to make you a homeowner again.

Conventional
Foreclosure	7 years from date completed to the disbursement date of the new loan
Deed-in-Lieu of ForeclosurePre-Foreclosure or Short Sale	4 years from either the date of sale or from the completion date to the disbursement date of the new loan
Prior Loan Modification	2 years eligible with Fannie Mae DU approval
Chapter 13 Bankruptcy	2 years from discharge date 4 years from dismissal date
Chapter 7 Bankruptcy	4 years from discharge or dismissal date
Multiple Bankruptcy Filings in the Last 7 Years	5 years from last discharge or dismissal date
Jumbo Loan	Follow requirements specific to the proposed loan product

VA
Foreclosure Deed-in-Lieu of Foreclosure	2 years from date completed and title transferred back to lender
Pre-Foreclosure or Short Sale	2 years from credit approval date to date sale closed and title transferred to new owner
Prior Loan Modification	Must have a 12-month satisfactory credit history after the event
Chapter 13 Bankruptcy	1-year payout has elapsed with all payments made on time and permission obtained from court for new mortgage No wait time if discharged or dismissed
Chapter 7 Bankruptcy	2 years from discharge or dismissal date
Consumer Credit Counseling	1-year payout has elapsed, payments made on time, and agency permission for a new mortgage

FHA
ForeclosureDeed-in-Lieu of Foreclosure	3 years from date completed and title transferred back to lender
Pre-Foreclosure or Short Sale	3 years from the date of title transfer to FHA case number assignment
Prior Loan Modification	No wait period, but past 12 months’ credit history must have no late payments
Chapter 13 Bankruptcy	1-year payout has elapsed with all payments made on time and permission obtained from court for new mortgage No wait time if discharged or dismissed
Chapter 7 Bankruptcy	2 years from discharge or dismissal date
Consumer Credit Counseling	1-year payout has elapsed, payments made on time, and agency permission for a new mortgage

USDA
ForeclosureDeed-in-Lieu of Foreclosure	3 years from date completed and title transferred back to lender
Pre-Foreclosure or Short Sale	3 years from credit approval date to date sale closed and title transferred to new owner Less than 3 years may be eligible if all mortgage and installment debt paid on time within the 12 months prior to the sale
Prior Loan Modification	3 years from modification completion date
Chapter 13 Bankruptcy	1-year payout has elapsed with all payments made on time and permission obtained from court for new mortgage No wait time if discharged or dismissed
Chapter 7 Bankruptcy	3 years from discharge or dismissal date
Consumer Credit Counseling	1-year payout has elapsed, payments made on time, and agency permission for a new mortgage

Please Note: Shorter wait periods may be available under certain circumstances and depend on the reason for the derogatory credit event. Please refer to your Loan Officer for details.

All Loan Types: If a mortgage loan has gone through a previous modification, or the lender offered a short payoff, it is NOT eligible for a refinance.

All mortgage products are subject to credit and property approval. Rates, program terms, and conditions are subject to change without notice. Not all products are available in all states or for all amounts. Additional conditions, qualifications, and restrictions may apply. This is not an offer for extension of credit or a commitment to lend. MAC01215-1021324909

Sincerely,

Michael Burkes
Sales Manager Producing | NMLS #1427401
15333 N Pima RD 205
Scottsdale, AZ 85260
(602) 908-9484 – Cell Phone
(480) 696-3026 – Office
[email protected]
www.AcademyMortgage.com/michaelburkes
LO State Lic: 0933965
Corp NMLS: 3113 |
Academy Mortgage – 15333 N Pima RD 205, Scottsdale, AZ 85260

For state licensing information, please visit:

http://www.academymortgage.com/StateLicense

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Scottsdale law firm

Regular Post

Written by Canterbury Law Group

15 June 2016

4 American Trends that Affect Divorce

The divorce attorneys at Canterbury Law Group have extensive industry experience and are authorities on the evolving trends in the divorce area. Similar to nearly everything in life and the law, divorce has changed with the times and will continue to do so.

Contrary to popular belief; the divorce rate in the United States is declining. After peaking in 1980 with 22.6 divorces per 1,000 married women, aged 15 and older in the U.S., the rate has been going down ever since. In 2009, there were 16.9 divorces per 1,000 married women. However, what’s really happening is that there are fewer marriages overall. Fewer marriages translate into fewer opportunities to get divorced—and that equals declining divorce rates.

Here are four trends in society that are affecting divorce rates:

1. The surge in cohabitation ended. The number of cohabiting couples grew from 400,000 in 1960 to 3.8 million in 2000. But since then, rates of cohabitation have leveled off. About 12 to 14 percent of never-married adults lived together with a partner in 2008-2010, essentially unchanged since 2000.

2. People are delaying marriage longer than ever before. The percentage of women aged 20 to 24 who have ever married declined from 31 percent in 2000 to 19 percent in 2008-2010. For men, the percentage dropped from 21 to 11 percent.

3. Americans are increasingly jumping on the “marriage-go-round.” More Americans are going from marriage to divorce to remarriage, sometimes multiple times. Among currently married men, those who are remarried increased from 17 percent in 1980 to 25 percent in 2008-2010. The changes for women are similar.

4. Who are most likely to have “traditional” families in America? Immigrants. Regardless of education and race or ethnicity, immigrants tend to be married at a higher rate, are less likely to cohabit (except for Hispanics), and divorce and remarry at a lower percentage when compared with their U.S.-born counterparts.

If you’re contemplating divorce, hiring a great divorce layer can be critical to your future. Call the Scottsdale divorce layers at Canterbury Law Group today to schedule you consultation. 480-744-7711.

Regular Post

Written by Canterbury Law Group

8 June 2016

How Celebs end up in Bankruptcy

American society always seems surprised when learning about the newest A-lister or celebrity who has filed for bankruptcy. Having a celebrity status and earning millions doesn’t necessarily deter bankruptcy. How is it possible that so many millionaires find themselves in bankruptcy court, clamoring to protect what little assets they have left? With all the celebrity millionaires (and billionaires) who have gone broke, we may be able to learn from their mistakes.

1. No Financial Education – Often, when you go from having nothing to having everything, a financial education is not part of the package. Learning how to save, budget, and invest can take years, and if you’ve never had substantial money before, you may never have learned these essential financial management skills. When handed huge checks to cash, many celebs go out and buy the biggest house and fastest car they can find, rather than learning how to properly handle their money.

2. Lack of Trustworthy People – Many celebrities surround themselves with attorneys, accountants and insurance professionals to help them with proper estate, tax and insurance planning. However, in doing so, they often do not bother double-checking the work that is being done on their behalf, nor do they properly vet the financial professionals they hire. Not surprisingly, many fall prey to unscrupulous advisors. Worse yet, some celebrities are taken advantage of by friends and family who they hire to manage their affairs.

3. Unrealistic Career Expectations – It might be easy to expect a successful Hollywood or professional sports career to continue indefinitely. But sadly, most careers don’t last very long. Unfortunately, not every actor picks up another well-paying gig immediately after their show is cancelled.

Canterbury Law Group is uniquely qualified to represent clients in the most sophisticated personal and business bankruptcy cases. The range of services we provide depends on an individual’s or a company’s unique situation. Call us today to schedule a consultation. 480-744-7711.

Regular Post

Written by Canterbury Law Group

25 May 2016

Tips for Fathers Trying to Get Custody

Many fathers assume they won’t have a fair trial when trying to obtain legal custody of their child. This is not true, although it is crucial to have experienced and trusted child custody help in Phoenix. The family law attorneys at Canterbury Law Group have years of experience recognizing and building formidable cases that will protect your interests and maximize your parenting time.

If you’re a father hoping for custody of your child, we have tips that may help you and your case:

1. Pay Child Support: A father who wants custody of a child should prioritize making regular child support payments. If he has an informal arrangement with the child’s mother, it is crucial to maintain records such as check receipts or a written letter from the child’s mother detailing the support arrangements. If a father is struggling with child support payments, he should request a modification rather than sacrificing a payment.

2. Maintain a Strong Relationship: Even if the child is not in the custody of the father, a relationship can still consistent. The dad should call the child frequently and check in on their day, schedule a time to stop by the child’s school and introduce himself to the administration and ensure the child knows that he’s there to offer any assistance necessary. A father who wants custody should also attend the child’s social, educational, religious and other important events as evidence of a continuing relationship with the child.

3. Keep Precise Records: A father should maintain an accurate visitation schedule record to help obtain child custody. A father can capture accurate visitation records by developing and maintaining a parenting plan.

4. Prepare a Space for Your Child At Home: A father should make a special place in his home for the child, regardless of the size of the home. A court will inquire about adequate living accommodations during all child custody hearings, so a father should be prepared to respond to the judge’s inquiry.

5. Consider Mediation: A father who wants custody of a child should consider mediation or arbitration, prior to undergoing an adversarial court hearing. In mediation or arbitration, cases are decided by a neutral third party. For a father, custody proceedings in a courtroom may be difficult to handle, so he may prefer the smaller, friendlier setting associated with mediation or arbitration.

Our legal team has extensive experience in child custody help in Scottsdale. We help fathers get fair and equitable treatment by the courts. Recent changes to Arizona law mandate that the court treat both mothers and fathers equally in the eyes of the law. If a man fears that his wife may leave and take the children, it is his obligation to ensure he takes steps needed to protect his role as the father. That may mean consulting an attorney before his wife has the opportunity to file for a divorce. The family law attorneys at Canterbury Law Group have significant expertise in father’s rights issues and can capably guide you through. Your children are counting on you to make the right decisions both before and after the divorce case has been filed.

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Regular Post

Written by Canterbury Law Group

18 May 2016

Steps in the Scottsdale Divorce Process

The Scottsdale divorce lawyers at Canterbury Law Group have represented hundreds of clients in Scottsdale divorce cases. It is common to discuss the first steps in the divorce process during the initial legal consultation. Although every case is unique, there are certain stages in divorce that everyone can expect:

1. File a Petition – One must file a Petition for Dissolution of Marriage, which is a public record that includes basic facts about you, your spouse and your children.

2. Spouse is “Served” – Once the Petition is filed with the Court, due process requires that the Respondent be “served” with the Petition along with a Summons to Appear. Once served, your spouse has 30 days to file a Response to the Petition.

3. Financial Support – Representing lawyers discuss if financial support is needed during the divorce case, including child support, maintenance and marital expenses.

4. Agree on Estate – Both parties partake in financial investigation, which involves determination of the value of the marital estate or “discovery,” which includes depositions, subpoenas, interrogatories and review of financial documents by accounting experts. If the assets and debts are agreeable by both parties, they may choose to waive formal discovery. If both parties cannot reach an agreement, the attorneys may choose to submit the issues in controversy to the Judge during a pretrial conference. Pretrial conferences are conducted in the Judge’s chambers.

The Scottsdale divorce attorneys at Canterbury Law Group have represented women and men, young and old, in their complicated divorce cases. To discuss your options in a Scottsdale divorce, call today to schedule a consultation.

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Regular Post

Written by Canterbury Law Group

11 May 2016

Crowdfunding Site Adds a Divorce Registry

The divorce attorneys at Canterbury Law Group are authorities on the evolving trends of divorce. Not only do the Phoenix divorce lawyers observe the progression of legal issues, but they have also witnessed the changes in perception of divorce.

Today, divorce holds less of a stigma in our culture than it has in the past. For example, divorce selfies, in which couples post happy photos of themselves on social media to celebrate their split, and divorce parties, where a newly single person either throws or is thrown a party to celebrate the end of their marriage, are a few of the popular divorce trends we see emphasized on social media.

The Phoenix divorce attorneys have also noted that crowdfunding site, Plumfund, has created a new, dedicated divorce registry for marriage break-up expenses. With online fundraising being such a popular option to raise funds in modern-day society, this is an area that we expect to see even further expansion in.

Plumfund’s simplified online fundraising and gift registry platform has made creating a divorce registry easier and more convenient than ever. Simply create a Plumfund divorce registry and spread the word to the divorcee’s friends and family. The registry allows people going through a divorce or their friends and family to raise money for expenses such as new furniture, legal fees and child custody. All of the gift money is easily accessed through PayPal or WePay. All personal information is kept private and safe, and is never sold or rented to a third party. The divorce category launched this March, and there are currently 114 active divorce registries on the site.

No matter what the newest divorce trends are, divorce tends to be a difficult process for all involved. The legal team at Canterbury Law Group is dedicated to diligently and compassionately solving clients’ life changing problems. If you are considering divorce, call us today to schedule your consultation.

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