News & Events

2012 Autumn Newsletter – Dying to Pay

Arizona law protects creditors of decedents’ estates, but numerous traps lie in wait for the unwary. This article offers a short introduction to creditors’ claims in probate. As a threshold matter, secured creditors do not have to deal with probate and may proceed to a trustee’s sale or foreclosure just as if the debtor were …

2012 Spring – Solving Conflict without a Trial

ALTERNATIVE DISPUTE RESOLUTION (“ADR”) is a process that exists outside of the traditional governmentally-sponsored judicial system. Although the purpose of ADR is the same – to resolve the controversy that exists between the parties – the methods employed to achieve this purpose differ. The two most commonly recognized and utilized ADR techniques are mediation and …

2011 Spring Newsletter – It Pays to Plan – Wealth Transfer Tax

Last December, the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the “Act”) was signed into law. In addition to extending the “Bush Income Tax Cuts” of 2001, a part of this law contains new wealth transfer tax rules for 2010, 2011, and 2012. This article provides a brief overview of the …

2010 Autumn Newsletter – Dealing with Debtors

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.

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