Arizona Questions & Answers by Practice Area
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Arizona Questions & Answers
Q: Need help can I apply for bankruptcy if I'm on disability?
David Earl Phillips' answer
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...
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...
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?
Michael Gerity's answer
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,...
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,...
Q: Question about creating custom art for sale?
Michael Gerity's answer
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...
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...
Q: How do you know if a name is available as my new business name?
Michael Gerity's answer
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...
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...
Q: Can my LLC have the same name as a trademarked name? It is in an entirely different industry and geographical location
Michael Gerity's answer
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...
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...
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
Michael Gerity's answer
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...
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...
Q: In AZ, when forming a new dental practice entity, if choosing an LLC is it required to be a PLLC?
Michael Gerity's answer
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....
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....
Q: How long does a bankruptcy case take?
Michael Gerity's answer
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,...
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,...
Q: What would a trustee need or do with a tax refund collected on a closed chapter 7 case?
Michael Gerity's answer
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,...
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,...
Q: What's the difference between liquidating and reorganizing debt?
Michael Gerity's answer
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...
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...
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?
Michael Gerity's answer
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....
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....
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
Michael Gerity's answer
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...
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...
Q: I have a small business with under 10 folks working for me, do I need workers' compensation insurance?
Joel Friedman's answer
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
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
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
Answered on Jul 18, 2017
Peter Munsing's answer
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.
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.
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
Answered on Jul 14, 2017
David Alan Wolf's answer
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.
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.
Q: Bought an rv that was to bein excellent shape. Tires 1yr old advetized are 4yrs n blew out many expensive things wrong.
Peter Munsing's answer
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.
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.
Q: I was in a parking lot acc in Flagstaff Arizona on June 16th 2017
Peter Munsing's answer
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!
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!
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
Answered on Jul 7, 2017
Q: Accident liability
Peter Munsing's answer
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.
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.
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