Bankruptcy and Creditor Rights

The Firm represents businesses and individuals in a variety of bankruptcy and creditor rights actions.  In the context of a bankruptcy case, either Chapter 7 or 11, we have experience in avoidance action litigation, including preference and fraudulent conveyances, seeking to protect creditors claims by exempting them from discharge, and having certain property removed from the debtor's estate.  Additionally, we have defended clients who were wrongly brought into a bankruptcy matter by either the debtor or other creditors.  The Firm has also represented debtors in Chapter 7 proceedings.  Outside of bankruptcy, the Firm has extensive experience in pre-judgment provisional remedies, post-judgment recoveries, garnishment, attachments, and both judicial and non-judicial foreclosures and trustee sales.

News and Articles

Employment Law Update: The Best of 2011 and Resolutions for 2012
Posted Feb 17 2012 - 12:04pm by Jon Dessaules

2011 saw a lot of action in the world of employment law and 2012 promises even more. Join us for an informative, entertaining seminar on today's hot topics, and learn how to promote a positive, productive work environment with practical strategies for avoiding employee-related issues.  Rachel Maron, an attorney with more than ten years specializing in employment law, will discuss:

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Can they really shut off my water?
Posted Apr 18 2011 - 1:45pm by Jon Dessaules

Homeowner and condominium associations are increasingly adopting policies for shutting off water or other utilities where an owner has fallen behind in his or her assessments, owes fines or penalties for violating the governing documents, or is supposedly refusing to follow rules.  Although people who own in a homeowner association generally are obligated to pay assessments, associations commonly use these water shut-off policies in order to force members to pay assessments, fines, penalties or other charges that they may not owe.  These owners often face an unfair choice: Pay wha

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My Homeowners Association Obtained a Judgment Against Me for $1,200. Why Do I Now Owe Them $6,000?!
Posted Apr 18 2011 - 1:42pm by Jon Dessaules

If you live in a homeowners association and have ever fallen behind on your assessments, chances are good you received one or more letters threatening legal action.  If you have been unlucky enough to be sued by your homeowners association and lost, chances are very good that your homeowner association has added court costs and attorneys’ fees to the amount of the unpaid assessments.  Arizona law and homeowners association’s governing documents generally permit a homeowners association, if successful in court, to include its costs and attorneys’ fees in addition to the unpaid asse

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What Happens After the Bankruptcy Discharge: An Emerging (and Disturbing) Trend in Foreclosure, Bankruptcy and HOA Law
Posted Apr 12 2011 - 5:15pm by Jon Dessaules

The prevalence of foreclosures in the real estate market has had several unexpected repercussions to distressed homeowners who have made the decision to walk-away from their home.  Banks appear to be unable, incapable, or unwilling to handle the volume of foreclosures, so a distressed homeowner may continue to own his or her home for months, and occasionally even years, after receiving a Notice of Trustee’s Sale (rather than the 90-days stated in the Notice).

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