Arizona Questions & Answers

Q: Need help can I apply for bankruptcy if I'm on disability?

1 Answer | Asked in Bankruptcy for Arizona on
Answered on Jul 23, 2017

The fact that you are on disability would not prevent you from filing bankruptcy. You do need to see a bankruptcy lawyer to review your assets and see if you have any property that a bankruptcy trustee might take from you. It is also a small amount of debt to file bankruptcy on so a lawyer may be able to advise other ways to deal with this and avoid bankruptcy altogether.

You can also change your phone number if the calls are bothering you. Look on Justia and find a bankruptcy lawyer...
View Details »

Q: Someone took a photo of me off my facebook and cropped it to show just me and posted it on a website, is that copyright?

1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Answered on Jul 21, 2017

Did you take the photograph? The holder of the copyright in a photo is the person who actually took the picture, or a licensee/transferee of the copyright. As such, any claim would have to be made by the actual copyright holder. Meanwhile, using a portion of a copyrighted work (cropping it down to a smaller part of the overall picture in this case) is still copyright infringement, assuming that there are no fair use exceptions. Now, there are an awful lot of fair use exceptions out there,...
View Details »

Q: Question about creating custom art for sale?

1 Answer | Asked in Intellectual Property for Arizona on
Answered on Jul 21, 2017

You are very likely going to be infringing on a number of intellectual property rights if you use band logos, star wars characters, etc. Not only might you be infringing on copyrights, you might have trademark issues, product dilution issues, false attribution of source/sponsorship issues, etc. With that said, lots of folks do this kind of thing on a small scale, and maybe they don't get caught, but that's a risk you have to evaluate for yourself.

NOTE: Because every legal matter is...
View Details »

Q: How do you know if a name is available as my new business name?

1 Answer | Asked in Business Formation for Arizona on
Answered on Jul 21, 2017

The easiest way to do this would be to perform a search on the Arizona Corporation Commission website, which you can find here: http://ecorp.azcc.gov/Search

This site pulls up not only company and corporation names, but it also searches the Secretary of State's website for trade names and trademarks. Keep in mind that you should be careful about intentional misspellings, phonetic names, and foreign equivalents. For trademark purposes, "Easy" is the same thing as "EZ," and both are...
View Details »

Q: Can my LLC have the same name as a trademarked name? It is in an entirely different industry and geographical location

1 Answer | Asked in Business Formation and Trademark for Arizona on
Answered on Jul 21, 2017

There are a lot of variables here that you have not provided, so understand that this answer is making some general comments that may not apply to your exact circumstance. So, in basic terms, multiple businesses can use the exact same name/trademark without conflict so long as there is not a "reasonable likelihood of confusion" created for the relevant consumers. Hence, Delta Airlines and Delta Faucets happily coexist in the market, because nobody gets confused into thinking the faucet...
View Details »

Q: We are looking at forming a non-profit 501c in AZ, have heard there may be an advantage in forming a C-Corp 1st

1 Answer | Asked in Business Formation for Arizona on
Answered on Jul 21, 2017

I think the first thing we need to do is to cover the difference between a "non-profit" corporation and one granted tax exempt status by the IRS (a 503(c)(3) non-profit), as they are technically different things. A corporation can be a non-profit without having tax exempt status. A non-profit corporation simply has to put all of its profits back into the corporation. Getting tax exempt status is then a separate step, which makes it so that the corporation does not have to pay income tax and...
View Details »

Q: In AZ, when forming a new dental practice entity, if choosing an LLC is it required to be a PLLC?

1 Answer | Asked in Business Formation for Arizona on
Answered on Jul 21, 2017

The 'P' stands for "professional." Any business that is owned by a licensed professional that will be conducting the type of business for which the owner is licensed must be filed as a professional limited liability company. So, for a licensed dentist to open an LLC providing dental services, it would have to be a PLLC. If, on the other hand, you were forming a company to do something completely unrelated (a side-business) that isn't related to dentistry, you could form a regular LLC....
View Details »

Q: How long does a bankruptcy case take?

1 Answer | Asked in Bankruptcy for Arizona on
Answered on Jul 21, 2017

This depends on what type of filing you do. The two most common, for individuals, are Chapter 7 and 13. A Chapter 7 is usually done in about three to four months, at least with simple cases. Meanwhile, a Chapter 13 involves going into a payment plan for 3-5 years, so obviously those take much longer.

NOTE: Because every legal matter is different, and cannot be addressed in the generalized content of a web site, you should not rely upon the information provided herein as legal advice,...
View Details »

Q: What would a trustee need or do with a tax refund collected on a closed chapter 7 case?

1 Answer | Asked in Bankruptcy and Tax Law for Arizona on
Answered on Jul 21, 2017

A tax refund for the 2016 tax year would represent an overpayment of taxes throughout that year. As such, you were "owed" that money, or at least a portion of it, as of the time of your filing, which makes it part of your bankruptcy estate. The trustee would use any such estate funds to make additional payments to creditors, and can reopen the bankruptcy for that purpose.

NOTE: Because every legal matter is different, and cannot be addressed in the generalized content of a web site,...
View Details »

Q: What's the difference between liquidating and reorganizing debt?

1 Answer | Asked in Bankruptcy for Arizona on
Answered on Jul 21, 2017

Okay, so your question is directly related to the difference between a Chapter 7 bankruptcy and a Chapter 13. A Chapter 7 bankruptcy is a "liquidation"-type filing. All of your dischargeable debt is liquidated, meaning it is discharged and the creditors can no longer collect on it. You get to keep certain items of personal property (the "exempt" property), and you have the option to keep property secured by debt (e.g. your house and car). All the rest of your property is taken by the...
View Details »

Q: I have filed for Chapter 7 BK. If I cash a personal check at Walmart, will that be traceable? What about a LG sum?

1 Answer | Asked in Bankruptcy for Arizona on
Answered on Jul 21, 2017

If you have already filed for bankruptcy, then why are you concerned about cashing a check? If the check was paid to you after the bankruptcy, then arguably it is not part of your chapter 7 bankruptcy estate at all. Now, if it is a payment for something you were owed before you filed, then it would be part of the estate. The question you should be asking, then, is whether or not that money is rightfully part of the BK estate, and not whether or not you will get away with cashing the check....
View Details »

Q: I have 10,000 or less in debt and on disability been about 3 month ago that I bought stuff, can I apply for bankruptcy

1 Answer | Asked in Bankruptcy for Arizona on
Answered on Jul 21, 2017

Hello. There is nothing in the limited facts that you have provided that would prohibit you from filing for bankruptcy. Perhaps the person who told you that was referring to the fact that your creditors likely cannot take your disability income from you to pay the debts--as such, if that is the only income you have, you might be "judgment proof" even without filing for bankruptcy. In any event, being on disability doesn't prohibit you, in and of itself, from filing. Note that Social...
View Details »

Q: I have a small business with under 10 folks working for me, do I need workers' compensation insurance?

1 Answer | Asked in Workers' Compensation for Arizona on
Answered on Jul 20, 2017

YES. Arizona workers' compensation law requires any employer with at least one employee to obtain coverage. There are several options, and even though my practice on the representation of injured workers, I can offer some suggestions at a very reasonable cost. You can reach me directly at jfriedman@cruzfirm.com.

http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/23/00902.htm

http://www.azleg.gov/arsDetail/?title=23
View Details »

Q: Dr. signed consent for HIT. Loss half of left foot and tip of toe on right foot. What is the outlook on case ?

1 Answer | Asked in Products Liability and Medical Malpractice for Arizona on
Answered on Jul 18, 2017

Assuming you have a lawyer ask them. Clots are a known byproduct of surgery. Heparin is supposed to help avoid that. Suggest you consult immediately a member of the Az Trial Lawyers Assn who hanles malpractice --they give free consults ASAP if you don't have an attorney.
View Details »

Q: My 7yr old son walked out of his daycare and was found wandering 2mi away.

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Business Law for Arizona on
Answered on Jul 14, 2017

Certainly, the day care center was negligent. From a practical standpoint, most attorneys limit their practices to cases involving some form of physical injuries. The laws, standards of proof, and collectible damages may be limited by the applicable law in place. Most personal injury attorneys will provide a free consultation. Contact a local personal injury attorney. I think that the main challenge in the case concerns damages.
View Details »

Q: Bought an rv that was to bein excellent shape. Tires 1yr old advetized are 4yrs n blew out many expensive things wrong.

1 Answer | Asked in Products Liability and Lemon Law for Arizona on
Answered on Jul 13, 2017

Date stamp means date of manufacture--person could conceivably have purchased them before. I don't see a case as you buy it as is. "Excellent condition" is that person's opinion.
View Details »

Q: I was in a parking lot acc in Flagstaff Arizona on June 16th 2017

1 Answer | Asked in Car Accidents for Arizona on
Answered on Jul 12, 2017

Well, you can make a claim with the other guys insurance.

If you have an agent ask them to intercede for you. Second, not sure if that statute applies to parking lots (as opposed to opening your door on a street). Ask to talk to the claims handler's supervisor.

If your rates go up challenge that.

good luck!
View Details »

Q: Does HIPPA compliance apply to email server used?

1 Answer | Asked in Consumer Law, Products Liability and Health Care Law for Arizona on
Answered on Jul 7, 2017

Unlikely but check with your professional society.
View Details »

Q: Is there anything that can be done about a family nurse practitioner not following opioid prescribing guidelines?

1 Answer | Asked in Wrongful Death for Arizona on
Answered on Jul 6, 2017

Contact a member of the Az Trial Lawyers Assn--they give free consults.
View Details »

Q: Accident liability

1 Answer | Asked in Car Accidents for Arizona on
Answered on Jul 6, 2017

I think you asked this elsewhere. Friend is liable. His homeowners may cover. Unlikely his auto will as you have to read the definitions under "property damage" but it generally tends to exclude off road vehicles --unless while driving your vehicle you hit an off road vehicle.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.