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Alternatives to Bankruptcy

A frequently asked question by large creditors and business debtors is whether there are alternatives to a formal bankruptcy reorganization under Chapter 11. The concerns about bankruptcy often are the cost in attorneys’ fees and the time of the responsible officers of all parties in the case as well as the risks to the participants …

Darren T. Case presented for the Maricopa County Bar Association

On May 22, 2018 Darren T. Case presented for the Maricopa County Bar Association on the topic of “Estate Planning Transactions & Considerations Post-Tax Cuts & Jobs Act.”  Darren is a shareholder attorney at Tiffany & Bosco, P.A. who practices in the areas of estate planning and tax.  He is also the Co-Author of the …

Advantages and Disadvantages of Irrevocable Trusts

One of the most common questions when considering trusts is whether to make them irrevocable.  The most common type of trusts, however, are “revocable living trusts,” which can become irrevocable upon the death of its creator (i.e., “grantor” or “trustor”) and often leads to confusion about revocable versus irrevocable trusts. The following is a brief …

Common Questions Clients Ask Us About Trusts

Planning for the end of life is one of our clients’ most difficult tasks. When developing an estate plan, trusts may be something you consider, regardless on an individual or family’s net worth. These are some of the most common questions clients ask us about trusts. What is a Trust? In general, a trust is …

Maintaining Control: When a Debtor in Receivership turns to Bankruptcy, a Secured Creditor should turn to the Bankruptcy Code.

The appointment of a receiver over a borrower’s assets is a powerful tool for the secured creditor when included as a default provision in a well-crafted loan document.Pursuant to Arizona law, a receiver “protects and preserves the property” serving as the creditor’s collateral.The law effectively gives the receiver control over the debtor’s property and allows …

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