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Written by Canterbury Law Group

Common Questions When One Spouse Files Bankruptcy

The Scottsdale bankruptcy attorneys at Canterbury Law Group represent debtors, creditors, trustees and committees in both personal and commercial bankruptcies. Bankruptcy law provides for the reduction or elimination of certain debts, and can provide a timeline for the repayment of non-dischargeable debts. It also permits individuals and organizations to repay secured debts with more favorable terms to the borrower.

The Phoenix bankruptcy lawyers at Canterbury represent many clients through personal bankruptcy cases. If you’re married and considering filing bankruptcy, here are common questions that often arise:

1. Do I Have to File Bankruptcy with My Spouse? If only one partner in a marriage owes debt, then only that partner should file for bankruptcy. Debts where spouses are jointly and severally liable for payment will remain with the spouse who has not filed for bankruptcy. However, in states that follow community property law, single spouse bankruptcy for joint debts may in some situations be advantageous.

2. Can I File for Bankruptcy without My Spouse’s Knowledge? Legally and in theory, yes, it would be possible for one spouse to file for bankruptcy without the other partner ever finding out. However, Chapter 7 bankruptcy uses income as a test for eligibility and utilizes income garnishment as a means of settling debt. The non-filing spouse will certainly notice if his or her paychecks are being collected by the bankruptcy court for debt repayment. Even outside Chapter 7 bankruptcy though, there are plenty of other ways for a spouse to discover his or her partner’s financial situation. Our Scottsdale bankruptcy lawyers suggest that hiding bankruptcy is only a temporary solution at best and is not healthy to any marriage nor recommended.

3. Will My Credit or Property Be Affected If My Spouse Files Bankruptcy? In general, one spouse filing for bankruptcy will not affect the other spouse’s financial situation, including the other spouse’s credit rating. A debt is created by contract between a debtor and a creditor – each debtor must sign the contract to be liable for payment. Therefore, the bankruptcy of one spouse does not cause the other to become bankrupt.

4. Does Single Spouse Bankruptcy Change the Nature of Joint Debts? Under Chapter 7 bankruptcy, when a spouse’s debts are wiped clean, the creditor can go after the other spouse. However, a major advantage of Chapter 13 bankruptcy, where the debtor plans to re-pay her debts, is that the creditor will leave the co-debtor alone, as long as bankruptcy plan payments are timely deposited.

5. Are There Any Exceptions? While the bankruptcy of one spouse does not generally affect the other, there are some notable exceptions. For example, the bankruptcy of one’s spouse may show up on the other’s credit report if joint debt is involved – a contentious area of the law. Also, if applying for a joint loan in the future, the bankruptcy of one spouse will affect the creditworthiness of the applying couple.

If you’re considering filing bankruptcy, the Phoenix bankruptcy attorneys can help you. Contact us today to schedule a consultation. 480-744-7711.

bankruptcy, bankruptcy attorneys, Filing Bankruptcy in Scottsdale, personal bankruptcy attorneys, Scottsdale Attorneys, Scottsdale Legal Help
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3 Options in Business Bankruptcy

The Scottsdale bankruptcy attorneys at Canterbury Law Group work in business bankruptcy, which allows a company to efficiently sell assets or to liquidate in a controlled manner. Just like any other business strategy, bankruptcy should be considered early enough to be a viable strategy to preserve the business’s assets and help it continue as a going concern. Bankruptcy can also be an important tool for assisting in an orderly wind down and liquidation of a business and its assets. In addition to the some of the strategic benefits, liquidating through bankruptcy can provide numerous benefits over merely dissolving your entity.

There are three types of bankruptcy that your business may file for depending on its business form. Sole proprietorships are legal extensions of the owner; therefor the owner is responsible for all assets and liabilities of the firm. A sole proprietorship can take bankruptcy by filing for Chapter 7, Chapter 11 or Chapter 13. Corporations and partnerships are legal entities separate from their owners. As such, they can file for bankruptcy protection under Chapter 7 or Chapter 11.

1. Chapter 7 – The most common form of bankruptcy in the United States, Chapter 7 bankruptcy, provides individuals with a discharge of all debt which are “dischargeable” under the Bankruptcy Code. In a Chapter 7, all of the debtor’s non-exempt assets on the petition date are liquidated through the priorities set forth in the Bankruptcy Code. At the time of filing, the bankruptcy code establishes the creation of your “debtor’s estate” which includes all “non-exempt assets.” As a Debtor you have various duties and obligations, including significant duties of co-operation, which are owed to the Trustee. These obligations are designed to assist the Trustee in the administration of your bankruptcy estate.

2. Chapter 11 – More individuals, usually with a high net worth, are turning to 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 more complex, and are capable of filing an individual case under Chapter 11 as mandated by the facts of each individual case.

3. Chapter 13 – This type of bankruptcy is not a per se liquidation but rather involves a restructuring of debt typically over a three or five-year period, pursuant to a plan which is filed with, and approved by, the Court. This plan allows a debtor to pay its creditors a percentage of the amounts owed to them. Like in a Chapter 7, in a case under Chapter 13, the court appoints a Trustee. Pursuant to the terms of your Chapter 13 plan, you make one single global monthly payment to the Trustee, who then pays the creditors their pro-rata share of what is owed.

Canterbury Law Group is uniquely qualified to represent clients in the sophisticated 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. www.canterburylawgroup.com

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Order of Protection Used to Stop Domestic Violence

The Scottsdale attorneys at Canterbury Law Group help survivors of domestic violence utilize legal protection options to defend themselves from further abuse, including obtaining an order of protection. An order of protection is long term, typically for one to five years, and in extreme circumstances, for up to a lifetime. A victim can also renew the order of protection if he or she still feels threatened by his or her abuser.

An order of protection may include many different provisions, including:

  • No Contact Provision – Prohibiting the abuser from calling, texting, emailing, stalking, attacking, hitting, or disturbing the victim
  • Peaceful Contact Provision – Permitting the abuser to peacefully communicate with the victim for limited reasons, including care and transfer for visitation of their child
  • No Contact Provision – Prohibiting the abuser from calling, texting, emailing, stalking, attacking, hitting, or disturbing the victim
  • Stay Away Provision – Ordering the abuser to stay at least a certain number of yards or feet away from the victim, his or her home, job, school, and car. The stay-away distance can vary by state, judge or the lethality of the situation, but is often at least 100 yards or 300 feet
  • Move Out Provision – Requiring the abuser to move out of a home shared with the victim
  • Firearms Provision – Requiring the abuser to surrender any guns he or she possesses (about 2/3rds of states) and/or prohibiting the abuser from purchasing a firearm
  • Counseling Provision – Ordering the abuser to attend counseling, such as batterer’s intervention or anger management

Order of protections may also include children, other family members, roommates or current romantic partners of the victim. This means the same no contact and stay away rules apply to any other listed individual, even if the direct harm was to the victim. Some states allow pets to be protected by the same order, as abusers may harm pets to torment their victims.

If you’re in need of protection, call us today to start the process of filing for an order or protection. Or if you have been recently served with an order of protection, and you feel wrongfully accused, you need to speak to a lawyer immediately. Delaying your response to an order of protection only makes it more challenging to have it quashed by a judge in court later. 480—240-0040. www.canterburylawgroup.com

civil domestic violence, Dating Violence, domestic violence, Family Law, Family Law Attorney, Order of Protection, orders of protection, Restraining Order, Scottsdale Attorneys, Scottsdale family attorneys, Scottsdale Legal Help
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Child Custody During Summer Months

Canterbury Law Group handles various family law matters, including divorce and child custody. Family law is a complex legal area requiring measured and detailed strategy and execution as well as constant upkeep. If you have children with an ex, it’s time to consider future summer vacations and your custody agreement. At Canterbury Law Group, we have many ways to help you keep the legal peace with your ex and enjoy a great summer vacation with your kids.

1. Set Up a Vacation Schedule, And Stick to It. With the kids off from school, there’s plenty of time to plan for vacations and trips. However, it is essential to discuss you plans with your ex. It is typically beneficial to create a vacation schedule with your child custody lawyer, have your ex sign off on it and submit it to a family court judge. By doing this, both parties are clear on where the kids will be and it’s in writing with the court.

2. Be Sure You Don’t Violate Your Custody Agreement. Often, custody and / or visitation agreements have geographical limits, such as your kids can’t leave the state or country. If you’re planning a summer vacation abroad, you may need to have your agreement modified. If you and your ex have already created a vacation plan, it shouldn’t be too difficult to have your ex agree to a custody modification that allows for travel.

3. Use Open Communication. If you have to alter your vacation schedule, notify your ex spouse immediately. In fact, it is always a good idea to notify the other parent of your vacation plans or any change in plans. If you do not inform your ex of your travel plans, be prepared for possible legal action against you. The courts will want a detailed explanation as to why you wouldn’t give up the information and a judge will typically order a parent to divulge vacation plans for safety reasons.

4. Let Kids Communicate With Your Ex While on Vacation. Summer vacation doesn’t mean a communication ban from the other parent. Video calls with Face time or Skype may be a great way to allow your ex “virtual visitation”.

If you need assistance with modifying your child custody agreement for the summer, call us today to schedule a consultation. 480-744-7711. www.canterburylawgroup.com

Changes in Custody Plans, Child Custody & Parenting Time, Custody Terms, Family Law, Family Law Attorney, Scottsdale family attorneys
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Tips When Filing Chapter 7 Bankruptcy

The most common form of bankruptcy in the United States is Chapter 7. At Canterbury Law Group, we constantly work with clients to file Chapter 7, which allows individuals to extinguish all debts which are “dischargeable” under the Bankruptcy Code. In a Chapter 7, all of the debtor’s non-exempt assets on the petition date are liquidated through the priorities set forth in the bankruptcy code. At the time of filing, the bankruptcy code establishes the creation of your “debtor’s estate” which includes all “non-exempt assets.” As a Debtor you have various duties and obligations, including significant duties of co-operation, which are owed to the Bankruptcy Trustee. These obligations are designed to assist the Trustee in the administration of your bankruptcy estate.

The Scottsdale bankruptcy lawyers at Canterbury Law Group will counsel you regarding these duties, which if followed, will make your case run smoothly. Unfortunately, many debtors who are not fully informed of these obligations run the risk of not receiving a full discharge of some or all or their debt. If you’re thinking of filing Chapter 7, here are some recommendations from our lawyers:

1. Complete the Mandatory Credit Counseling – Before you can file chapter 7 bankruptcy, it is essential to complete credit counseling. It is a mandatory step before you can file and often requires paying a fee. Otherwise, your filing will not be allowed to continue.

2. File All Chapter 7 Paperwork – Complete and file all necessary paperwork in court. Make sure all of your paperwork is accurate. Determine any fees associated with your filing.

3. Meet With Your Creditors – Approximately one month after filing the petition, you will need to meet with your creditors, an arrangement made by the court. During this important meeting, your creditors will question you regarding your finances and property. Typically this meeting involves only a few people connected with the credit card companies to whom you owe your debt. Your lawyer can certainly be present to aid you through this process.

4. Attend the Personal Financial Management Instruction Course – In addition to your credit counseling course, a personal financial management course generally costs about $30 and is necessary for completing your filing of chapter 7. If you skip the money management course, you risk dismissal of your case.

Having a trusted legal team on your side is critical during bankruptcy. Call Canterbury Law Group today to schedule your consultation. 480-744-7711.

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Criminal Conduct May Lead to Losing Marital Property

Arizona, California, Idaho, Louisiana, Texas, Nevada, New Mexico and Washington are community property states, meaning assets acquired during the marriage are typically divided equally when a couple divorces. However, this is commonly misinterpreted in that both parties must be awarded 50/50 on all community property and debts acquired during the marriage. This is not necessarily the case.

“Arizona divorce judges have the unfettered discretion to “equitably” allocate the martial estate as the judge deems warranted in any divorce case brought before him or her,” says Craig Cherney of Canterbury Law Group.

A recent case in New York is making headlines because the judge found that the husband’s criminal misconduct against the wife was sufficiently egregious to justify stripping him of all rights to the martial estate and awarding 100% of the property to the victim (wife.) “The same can happen in your case, if there is egregious or criminal conduct by one spouse against the other,” says Craig Cherney.

More About the Case at Hand

A man serving 40 years in state prison for raping his wife is not entitled to share her pension or any other marital asset in their divorce, a Brooklyn judge has determined.

State Supreme Court Justice Jeffrey Sunshine said the 2011 rape and other acts of violence and abuse by “Terrance T.” represent a rare instance where “egregious conduct” by one spouse toward another exempts the offending spouse from receiving any share of assets under equitable distribution.
Sunshine wrote that in a “civilized society,” the behavior of Terrance T. must be considered a bar under state Domestic Relations Law §236(B)(5) and §236(B)(6) to his receiving any marital assets from wife “Alice M.”

“The plaintiff, despite all she endured, compounded by the defendant’s steadfast attempt to interfere in her desire to move on, has displayed both courage and perseverance beyond what any human being should have to endure, and so is noted by this court,” Sunshine wrote in Alice M. v. Terrance T., 2015 NY Slip Op 51913(U).

To read more visit http://www.newyorklawjournal.com/id=1202746302596/Judge-Denies-Inmates-Bid-for-Marital-Assets-in-Divorce#ixzz3wsqARTwU

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Scottsdale Legal Help
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Written by Canterbury Law Group

Shared Holiday Time After Divorce

Divorced families with children may face some hardships during the holiday season because of parental custody and shared holiday time. At Canterbury Law Group, our Scottsdale divorce attorneys help navigate the difficult custody process with the ultimate goal to make the situation as clean as possible for everyone involved, especially the kids.

Here are some common ways that parents divide and share holiday time:

  • Alternate holidays every other year. You can assign holidays to each parent for even years and then swap the holidays in odd years. With this arrangement, you won’t miss spending a holiday with your child more than one year in a row.
  • Split the holiday in half. You can split the day of the holiday so that your child spends part of the day with each parent. This arrangement requires planning and coordination because you don’t want your child to spend holidays traveling all day.
  • Schedule a holiday twice. You can schedule time for each parent to celebrate a holiday with your child. For example, one parent can celebrate Christmas with the child on Dec. 23th and the other parent on the 25th.
  • Assign fixed holidays. You can have each parent celebrate the same holidays with the child every year. If parents have different holidays that they think are important, each parent can have those holidays every year.

Some holidays have special considerations because both parents usually want to spend time with the child on or near the holiday. We have the following recommendations for such situations.

  • Your child’s birthday: You can schedule a short visit for the parent who doesn’t have the child on the birthday, give both parents birthday time in the schedule, or the parents can alternate having the birthday.
  • 3 day weekend holidays: These holidays include Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Labor Day, and Columbus Day. Parents can alternate the 3 day weekends, split the weekends, or give the Monday holiday to the parent who already has the weekend.
  • Mother’s Day and Father’s Day: Usually your child spends every Mother’s Day with the mother and every Father’s Day with the father.
  • Thanksgiving and Thanksgiving weekend: One parent can have Thanksgiving Day and the other parent can have the weekend, you can give both parents time on Thanksgiving and on the weekend, or parents can alternate having Thanksgiving and the weekend.
  • The Christmas holiday season: One parent can have Christmas Eve and the other parent can have Christmas Day, one parent can have Christmas and the other parent can have winter break, you can make New Year’s Eve and New Year’s Day into one holiday and the parents alternate having it.
Child Custody & Parenting Time, Custody Terms, Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Scottsdale Attorneys, Scottsdale Divorce, Scottsdale Legal Help
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Obtaining Your Legal Time Off

At Canterbury Law Group, we receive many seasonal calls regarding employees and time off. Under federal law, an employer typically cannot make work-related decisions based upon an employee’s religion. Therefore, an employer has to give its workers some time off from work to exercise their religion and celebrate holidays. Employers may face crucial legal problems for refusing time off.

Example – There are many religious-based holidays that may interrupt the usual work schedule. Popular holidays are Christmas and Chanukah, and many employees find it easy to enjoy these days. However, sometimes, an employer doesn’t agree with a certain religion or holiday, which becomes a problem.

Recently, a former sales manager of a Bath and Body Works store in Connecticut filed a discrimination lawsuit under Title VII. She claims she was terminated because she took vacation time to celebrate the Wiccan New Year. According to lawsuit, her previous management at the company allowed her to use her vacation time for this holiday for the last six years, but new management opposed. The employee claims she was directed that she would need a new career if she took the time off. When she returned, she was immediately terminated. The employee is suing for back pay and other money damages.

The Law – Title VII of the Civil Rights Act of 1964 (Title VII) is the major federal discrimination law. This means that it is illegal for employers to treat workers differently because of certain characteristics, such as sex and race. It also bars discrimination based upon religion. Therefore, employers can’t make it harder for employees of a certain religion to get hired and / or promoted or give them better or worse working hours than workers of other religions. They also can’t terminate workers based upon their religious beliefs.

Violating Title VII may bring large fines and other costs associated with the case. An employee who is improperly refused time off or fired because of his religion may be able to get his job back and get paid for the time he was out of work.

Use Caution – Employers need to be careful when it comes to refusing time off for religious-based holidays. Vacation time can’t be refused simply because the employer doesn’t believe in the holiday or religion. However, legitimate business reasons are another story. For a retailer, the holidays may be the busiest time of the year, and so a full workforce may be required. A holiday may also happen to fall at a time when a large project needs to be completed. In these situations, it is possible to limit an employee’s time off.

If you are an employee or employer and have questions about legal time off, call us today to schedule your consultation at 480-744-7711

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Struggles of Shared Parental Custody Through the Holidays

Divorce can be a very complex process and even the most amicable separations can become strained. Child custody is often one of the most challenging parts of the divorce proceedings and parents often struggle to find an agreement that is fair for all involved. At Canterbury Law Group, we have seen that, unfortunately, holidays can reignite these challenges. It often takes divorced families great effort to maintain a sense of family fairness throughout the holiday season.

There are several things that you can do to help make child custody issues during the holidays less contentious. Some of these include the following:

  • 1. Be in open communication with your family. Understanding everyone’s expectations from the beginning is a good way to make sure that everyone’s requests are heard.
  • 2. Act in the best interest of your child. Remember that your former spouse is the other parent to your children. Just because the marriage ended doesn’t mean they are no longer part of the lives of your children. Be flexible. Reassure your kids that you will be OK while they are with the other parent. Keep the arrangements as simple as possible.
  • 3. Establish new traditions. It’s a good idea to create new holiday rituals with family and friends. Although some past traditions may be hard to eliminate, new ones will add some sense of excitement to the present. Reassure your children that the holidays will continue in a new yet joyous way. Rather than focusing on the sad elements, get your kids excited about the new traditions. Be sure to let your children have part in what your family will do to celebrate.
  • 4. Plan ahead. Schedule fun and stress free events with loved ones. If the holidays tend to be too painful and the divorce reminders are everywhere, consider a vacation that allows you to “escape” the painful triggers.
  • 5. Create a schedule. Make a list of everything you need to do for the holidays and a target date to accomplish your goals. This will help you to feel more in control and less stressed.
Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale
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Realities of the Divorce Process

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

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

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

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

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

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

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

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Family Law, Scottsdale Divorce
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