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Case History: Creditors’ Timeliness to Collect Debt After Death

When a debtor dies, Arizona probate law has always placed the burden on the creditor to act timely to preserve the claim. A recent case demonstrates how strict that burden can be. In re Estate of Evitt, 2018 WL 4017786 (August 23, 2018). Post-Death vs Pre-Death Creditors Judith and Charles divorced in Arizona. As part …

The Impartial Arbitrator: When Relationships Must Be Disclosed and Objected To

In its recent opinion, Fisher v. USAA Casualty Insurance Company, 1 CA-CV 17-0589, ___ P.3d ___, 2018 WL 3804114, at *1 (App. Aug. 7, 2018), the Arizona Court of Appeals examined arbitrator partiality under Arizona Revised Uniform Arbitration Act, A.R.S. § 12-3001 et seq., including: What constitutes a “substantial relationship” with a party, triggering an …

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