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BANKRUPTCY
Yuma Bankruptcy Attorney Lawyer Vida Florez has been Disciplined by the Arizona Bar Association.  She "...demonstrated her  lack of understanding of relevant legal doctrines and procedures." 
#1 Yuma Bankruptcy Info

 

E-mail:  YumaBankruptcy@gmail.com

Para traducir al español: 

Arizona Exemptions & Property

Attorney Vida Florez was Reprimanded and also in another matter was placed on Probation by the State Bar of Arizona.  Her file reflects, "… she cited obsolete statutes and incorrect rules of procedure, and demonstrated her lack of understanding of relevant legal doctrines and procedures."  This information is from the State Bar of Arizona. DISCIPLINE:

Date Activity Detail
11/30/12 Probation Complete From Case Number: 09-1730, Charges: 1
10/14/11 Reprimand Case: 10-2260, Charges: 1
03/17/10 Probation Case: 09-1730, Charges: 1
03/17/10 Informal Reprimand Case: 09-1730, Charges: 1

IMPORTANT
Use an Attorney that you feel is competent and trustworthy.
Use an Attorney that you would trust with your LIFE (You are!)
Use an attorney that you feel is honest and reliable.
Use an Attorney that you feel comfortable with and that you Trust.
Before you hire an Attorney ask them if they have ever been Reprimanded or Censured.  
Would you want a doctor that had been Reprimanded or Censured? 
Why would you want an Attorney that has been Reprimanded or Censured?
 
Most Yuma Attorney's have NEVER been Reprimanded or Censured?

HOW TO FIND AN ATTORNEY?

You can go to AVVO (www.Avvo.com)

AVVO rates Attorneys and is impartial.

Click on “Find a Lawyer”

You can either enter Bankruptcy    Yuma, AZ

(http://www.avvo.com/search/lawyer_search?utf8=%E2%9C%93&q=bankruptcy&loc=yuma%2C+az&commit=)

OR

You can enter an attorney’s name.  Be careful, some attorney’s that you think practice in Yuma are actually not really in Yuma, but in Phoenix.  If you can’t find the Attorney; put in the last name and then search on “Arizona”  That should show you the names of all Attorney’s with that last name that practice in Arizona.  Click on the correct Attorney’s name to get more information.

What to do after you do your search?

Look at ratings, the higher the number the better rated.

Look at reviews.  See what other clients think.

ESPECIALLY:  Look and see if it says Attention – MISCONDUCT or Strong Caution  – MISCONDUCT.  Be wary.  Do your due diligence.  Decide if you want an attorney that has had misconduct problems with the Arizona State Bar.

Another Way to find out about an Attorney

Lawyerratingz has information and client ratings about attorney's in Yuma.  Fill in the Attorney name and you'll find what prior clients think about the Attorney.  You can also add your opinion.
http://www.lawyerratingz.com/add.jsp


Another Way to find out about an Attorney

The Arizona Bar Association has a list of Attorneys licensed to practice in Arizona and the Arizona Bar Association disciplines Attorneys.

The Arizona Bar Association has Ethics Rules and Rules of Professional Conduct that an Attorney/Lawyer MUST follow.  These Rules were designed to protect the Clients.  Find out if an Attorney has been Disciplined, Censured, Sanctioned, on Probation or Disbarred.  

1.  Look at the Attorney's Disipline record.  (Go to http://www.azbar.org  

2.  On the right where is says, Find A Lawyer, type in the name of the Lawyer/Attorney that you want to check on. 

3.  Press SEARCH.  Click the Attorney's name that you want to search for. 

4.  You will see a section entitled Discipline: 

5.  If the Attorney has been disciplined you will see the Activity and you can click on the Case to find more information.  If the Lawyer has been Disciplined; WHAT IT USUALLY MEANS IS THAT THE LAWYER VIOLATED AN OBLIGATION TO THE CLIENT OR THE COURT.

6.  If the Attorney has been disciplined, that means that the Attorney has, in the past, possibly violated the Ethics Rules and/or the Rules of Professional Conduct.   It could mean that the Lawyer has done things that are unethical, such as violating their duties and obligations as a lawyer.  It could mean that there has been misconduct.  It could mean that the Lawyer didn't properly represent their client.  It could mean that the Lawyer took money that he/she didn't earn.  It could mean the Lawyer charged an excessive fee.  It could mean that the Lawyer didn't properly safekeep the clients property.  It could mean that the Lawyer didn't follow the Court rules.  It could mean that the Lawyer didn't understand the law and/or the Courts rules and/or procedures.  It could mean that the Lawyer didn't communicate with the Client.  It could mean that the Lawyer wasn't competent to handle the matter for the Client.  It could mean that there was a conflict of interest between the Lawyer and the Client. 

(you can learn more about the State Bar of Arizona Discipline of an Attorney by going to:  http://www.azbar.org/lawyerregulation/otherlawyerdisciplinetools/disciplinereports )

What to do if you discover a Problem Attorney:

Help others choose the right Lawyer. 

If you want to warn people about a Lawyer or if you have a problem with an attorney and want to protect other potential or current clients from that Attorney you can Google the Attorney's name and then there is an area where you can write a review right in Google.   

On Avvo you can rate the Attorney’s performance and write a review of your experience. 

You are encouraged to rate and review Attorney’s.  Before you hire an Attorney, wouldn’t you have wanted to know what the Attorney was like.  Even if you discover that there have been prior problems or misconduct, wouldn’t you want to warn other potential clients of what you’ve discovered. 

WHO ARE THE ATTORNEY’S THAT PRACTICE BANKRUPTCY LAW IN YUMA?

According to the Bankruptcy Court’s website the following are Attorney’s that practice in Yuma. 

(Listed in no specific order).

(These were Attorney’s that had 341 hearings scheduled on the Bankruptcy Court Calendar on 1-25-2014)

Amanda Taylor

Thomas Allen

Vida Florez

Matthew Thomas Foley

Steven A. Alpert

Kirk Guinn

Phillip Hineman

Jason Chandler Farrington

Katherine Anderson Sanchez

Look these attorneys up in AVVO and through the Arizona Bar Association.  Before you hire an attorney, check them out!  There also might be other Attorney's practicing Bankruptcy Law in Yuma.  Check them out before you retain an Attorney!  (No reference or referral or recommendation is given for or against any Attorney listed.  The list came from the U.S. Bankruptcy Court 341 schedule web site and no recommendation is made for or against any attorney listed.)

(If you have had a problem with an Attorney please let us know:  E-mail:  YumaBankruptcy@gmail.com ) BUT, also let others know by reviewing them in GOOGLE or AVVO.

Both AVVO and the Arizona Bar Association rate and give information on Attorney’s that practice in all legal areas, including Divorce, Personal Injury, Criminal Law, etc.

#1 Yuma Bankruptcy

Arizona Exemptions & Property

 

 When can you use ARIZONA Exemptions and when must you use other exemptions:

    The state you use for your exemptions is:

  • The state you lived in for the 730 days (2 years) before filing; or
  • *If you did not live in a single state in the previous 2 years you use the state where you lived the majority of the 180 period preceding the 2 year period; or
  •  If the preceding renders you ineligible for any exemptions then the debtor is allowed to choose the federal exemptions. 

      Current Arizona residents may claim the homestead and exemptions made available by Arizona law only if they resided in Arizona two years before the bankruptcy filing.

    If the debtor did not reside in Arizona for all of those two years, then the debtor must claim the exemptions provided by the state where the debtor resided for the greater part of the six months between two years and two and a half years before the bankruptcy filing. 11 U.S.C. §522(b)(3)(A).

    If the debtor is ineligible to claim exemptions provided by that state’s law, then the debtor may claim exemptions provided in Bankruptcy Code § 522(d) (Federal Exemptions). 

    
The exemption for a homestead is limited to $125,000 if the property was acquired within the previous 1215 day (3.3 years). The cap is not applicable to any interest transferred from a debtor's previous principal residence (which was acquired prior to the beginning of such 1215-day period).  

What does the Court and the Trustee consider Property of the estate:

 Below is the Law!  If you really, really want to know more about Bankruptcy, read it.

 
§ 541. Property of the estate

 (a) The commencement of a case under section 301, 302, or 303 of this title creates an estate. Such estate is comprised of all the following property, wherever located and by whomever held:

(1) Except as provided in subsections (b) and (c)(2) of this section, all legal or equitable interests of the debtor in property as of the commencement of the case.

(2) All interests of the debtor and the debtor’s spouse in community property as of the commencement of the case that is—

(A) under the sole, equal, or joint management and control of the debtor; or

(B) liable for an allowable claim against the debtor, or for both an allowable claim against the debtor and an allowable claim against the debtor’s spouse, to the extent that such interest is so liable.

(3) Any interest in property that the trustee recovers under section 329 (b), 363 (n), 543, 550, 553, or 723 of this title.

(4) Any interest in property preserved for the benefit of or ordered transferred to the estate under section 510 (c) or 551 of this title.

(5) Any interest in property that would have been property of the estate if such interest had been an interest of the debtor on the date of the filing of the petition, and that the debtor acquires or becomes entitled to acquire within 180 days after such date—

(A) by bequest, devise, or inheritance;

(B) as a result of a property settlement agreement with the debtor’s spouse, or of an interlocutory or final divorce decree; or

(C) as a beneficiary of a life insurance policy or of a death benefit plan.

(6) Proceeds, product, offspring, rents, or profits of or from property of the estate, except such as are earnings from services performed by an individual debtor after the commencement of the case.

(7) Any interest in property that the estate acquires after the commencement of the case.

(b) Property of the estate does not include—

(1) any power that the debtor may exercise solely for the benefit of an entity other than the debtor;

(2) any interest of the debtor as a lessee under a lease of nonresidential real property that has terminated at the expiration of the stated term of such lease before the commencement of the case under this title, and ceases to include any interest of the debtor as a lessee under a lease of nonresidential real property that has terminated at the expiration of the stated term of such lease during the case;

(3) any eligibility of the debtor to participate in programs authorized under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.; 42 U.S.C. 2751 et seq.), or any accreditation status or State licensure of the debtor as an educational institution;

(4) any interest of the debtor in liquid or gaseous hydrocarbons to the extent that—

(A)

(i) the debtor has transferred or has agreed to transfer such interest pursuant to a farmout agreement or any written agreement directly related to a farmout agreement; and

(ii) but for the operation of this paragraph, the estate could include the interest referred to in clause (i) only by virtue of section 365 or 544 (a)(3) of this title; or

(B)

(i) the debtor has transferred such interest pursuant to a written conveyance of a production payment to an entity that does not participate in the operation of the property from which such production payment is transferred; and

(ii) but for the operation of this paragraph, the estate could include the interest referred to in clause (i) only by virtue of section 365 or 542 of this title;

(5) funds placed in an education individual retirement account (as defined in section 530(b)(1) of the Internal Revenue Code of 1986) not later than 365 days before the date of the filing of the petition in a case under this title, but—

(A) only if the designated beneficiary of such account was a child, stepchild, grandchild, or stepgrandchild of the debtor for the taxable year for which funds were placed in such account;

(B) only to the extent that such funds—

(i) are not pledged or promised to any entity in connection with any extension of credit; and

(ii) are not excess contributions (as described in section 4973(e) of the Internal Revenue Code of 1986); and

(C) in the case of funds placed in all such accounts having the same designated beneficiary not earlier than 720 days nor later than 365 days before such date, only so much of such funds as does not exceed $5,000;

(6) funds used to purchase a tuition credit or certificate or contributed to an account in accordance with section 529(b)(1)(A) of the Internal Revenue Code of 1986 under a qualified State tuition program (as defined in section 529(b)(1) of such Code) not later than 365 days before the date of the filing of the petition in a case under this title, but—

(A) only if the designated beneficiary of the amounts paid or contributed to such tuition program was a child, stepchild, grandchild, or stepgrandchild of the debtor for the taxable year for which funds were paid or contributed;

(B) with respect to the aggregate amount paid or contributed to such program having the same designated beneficiary, only so much of such amount as does not exceed the total contributions permitted under section 529(b)(7) of such Code with respect to such beneficiary, as adjusted beginning on the date of the filing of the petition in a case under this title by the annual increase or decrease (rounded to the nearest tenth of 1 percent) in the education expenditure category of the Consumer Price Index prepared by the Department of Labor; and

(C) in the case of funds paid or contributed to such program having the same designated beneficiary not earlier than 720 days nor later than 365 days before such date, only so much of such funds as does not exceed $5,000;

(7) any amount—

(A) withheld by an employer from the wages of employees for payment as contributions—

(i) to—

(I) an employee benefit plan that is subject to title I of the Employee Retirement Income Security Act of 1974 or under an employee benefit plan which is a governmental plan under section 414(d) of the Internal Revenue Code of 1986;

(II) a deferred compensation plan under section 457 of the Internal Revenue Code of 1986; or

(III) a tax-deferred annuity under section 403(b) of the Internal Revenue Code of 1986;

 except that such amount under this subparagraph shall not constitute disposable income as defined in section 1325 (b)(2); or

(ii) to a health insurance plan regulated by State law whether or not subject to such title; or

(B) received by an employer from employees for payment as contributions—

(i) to—

(I) an employee benefit plan that is subject to title I of the Employee Retirement Income Security Act of 1974 or under an employee benefit plan which is a governmental plan under section 414(d) of the Internal Revenue Code of 1986;

(II) a deferred compensation plan under section 457 of the Internal Revenue Code of 1986; or

(III) a tax-deferred annuity under section 403(b) of the Internal Revenue Code of 1986;

 except that such amount under this subparagraph shall not constitute disposable income, as defined in section 1325 (b)(2); or

(ii) to a health insurance plan regulated by State law whether or not subject to such title;

(8) subject to subchapter III of chapter 5, any interest of the debtor in property where the debtor pledged or sold tangible personal property (other than securities or written or printed evidences of indebtedness or title) as collateral for a loan or advance of money given by a person licensed under law to make such loans or advances, where—

(A) the tangible personal property is in the possession of the pledgee or transferee;

(B) the debtor has no obligation to repay the money, redeem the collateral, or buy back the property at a stipulated price; and

(C) neither the debtor nor the trustee have exercised any right to redeem provided under the contract or State law, in a timely manner as provided under State law and section 108 (b); or

(9) any interest in cash or cash equivalents that constitute proceeds of a sale by the debtor of a money order that is made—

(A) on or after the date that is 14 days prior to the date on which the petition is filed; and

(B) under an agreement with a money order issuer that prohibits the commingling of such proceeds with property of the debtor (notwithstanding that, contrary to the agreement, the proceeds may have been commingled with property of the debtor),

unless the money order issuer had not taken action, prior to the filing of the petition, to require compliance with the prohibition.

Paragraph (4) shall not be construed to exclude from the estate any consideration the debtor retains, receives, or is entitled to receive for transferring an interest in liquid or gaseous hydrocarbons pursuant to a farmout agreement.

(c)

(1) Except as provided in paragraph (2) of this subsection, an interest of the debtor in property becomes property of the estate under subsection (a)(1), (a)(2), or (a)(5) of this section notwithstanding any provision in an agreement, transfer instrument, or applicable nonbankruptcy law—

(A) that restricts or conditions transfer of such interest by the debtor; or

(B) that is conditioned on the insolvency or financial condition of the debtor, on the commencement of a case under this title, or on the appointment of or taking possession by a trustee in a case under this title or a custodian before such commencement, and that effects or gives an option to effect a forfeiture, modification, or termination of the debtor’s interest in property.

(2) A restriction on the transfer of a beneficial interest of the debtor in a trust that is enforceable under applicable non-bankruptcy law is enforceable in a case under this title.

(d) Property in which the debtor holds, as of the commencement of the case, only legal title and not an equitable interest, such as a mortgage secured by real property, or an interest in such a mortgage, sold by the debtor but as to which the debtor retains legal title to service or supervise the servicing of such mortgage or interest, becomes property of the estate under subsection (a)(1) or (2) of this section only to the extent of the debtor’s legal title to such property, but not to the extent of any equitable interest in such property that the debtor does not hold.

(e) In determining whether any of the relationships specified in paragraph (5)(A) or (6)(A) of subsection (b) exists, a legally adopted child of an individual (and a child who is a member of an individual’s household, if placed with such individual by an authorized placement agency for legal adoption by such individual), or a foster child of an individual (if such child has as the child’s principal place of abode the home of the debtor and is a member of the debtor’s household) shall be treated as a child of such individual by blood.

(f) Notwithstanding any other provision of this title, property that is held by a debtor that is a corporation described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code may be transferred to an entity that is not such a corporation, but only under the same conditions as would apply if the debtor had not filed a case under this title.

 

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