Protecting Assets at Risk: Bankruptcy Options for Individual Investors and Other Business People
The Great Recession took a toll on many individual investors and business owners. Declining real estate and other asset values, combined with weak business revenues, eroded wealth and financial stability, forcing the cancellation or postponement…
Is That Personal Guaranty Enforceable?
At first glance, a guaranty's language can seem ironclad. Uncompensated guarantors are often said to be "favorites of the law," however, and the courts will strictly construe the guarantor's undertaking. Moreover, various defenses to the enforcement…
LLC Payment Classifications: Member Distributions vs. Compensation
Those who do business through a closely-held limited liability company (LLC) often receive their share of business profits in the form of member distributions instead of guaranteed payments or compensation.[1] They may be advised, for example,…
Do Directors and Officers Owe Fiduciary Duties to Creditors?
Arizona follows the "Trust Fund Doctrine." It was first recognized here in A.R. Teeters & Assocs. v. Eastman Kodak Co., 172 Ariz. 324, 836 P.2d 1034. (App. 1992), in which the Arizona Court of Appeals explained:"The theory of the trust fund…
Eight Things a Debtor Should Never (or Almost Never) Do
Financial Distress June 2020 After years of helping borrowers with their debt restructuring options, in and out of bankruptcy, I have compiled a list of eight things they should avoid.
View Brian Spector's video version of this…
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Debtor Protection and the Arizona Homestead Exemption
By Brian Spector
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06 Jul, 2020
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The Arizona homestead exemption, found in A.R.S. § 33-1101, protects up to $150,000 of equity in the debtor's homestead, primarily…
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Locations and Contact Information
© 2013-2021. Schneider & Onofry, P.C., Phoenix-Yuma · Se habla español.The act of visiting or communicating with Schneider & Onofry, P.C., via this website or by email does not constitute an attorney-client relationship. Communications from…
Workers’ Compensation Defense Attorneys
Our representation encompasses (a) the discovery process, (b) hearings before the Industrial Commission of Arizona, and (c) appeals of administrative rulings.Our attorneys have experience with issues related to:CompensabilityWage calculationsTemporary,…
Phoenix-Yuma Transportation and Commercial Trucking Litigation Attorneys
Any collision involving a commercial vehicle has an added layer of complexity and takes on an amplified importance because of the size of the vehicles and the extensive regulations that apply to them, which makes commercial trucking and transportation…