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I was told to contact bankruptcy lawyer. It was ordered in separation agreement and divorce, but he has not done the QDRO for me to receive my portion. Can I begin QDRO while the bankruptcy is in process? Will I lose the money? Thank you.
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answered on Dec 31, 2023
In Arizona, 401(k) funds are generally protected from creditors in a Chapter 7 bankruptcy. This means that these retirement assets are typically exempt and cannot be used to pay off bankruptcy debts. However, your situation involves a divorce decree and a Qualified Domestic Relations Order (QDRO),... View More 
I was told to contact bankruptcy lawyer. It was ordered in separation agreement and divorce, but he has not done the QDRO for me to receive my portion. Can I begin QDRO while the bankruptcy is in process? Will I lose the money? Thank you.
answered on Dec 29, 2023
When a bankruptcy is filed, it should be planned ahead. The goal is to make the debtor and their transactions as boring as possible. You can do this with an experienced bankruptcy attorney who cares about their clients.
As to your questions, first you have to determine which exemptions you... View More
I was told to contact bankruptcy lawyer. It was ordered in separation agreement and divorce, but he has not done the QDRO for me to receive my portion. Can I begin QDRO while the bankruptcy is in process? Will I lose the money? Thank you.
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answered on Dec 29, 2023
Once you receive the money, so long as you leave the money in the 401(k) (or rollover IRA) and don't withdraw it, the funds will be exempt (protected). You should consult a local attorney (preferably one with both bankruptcy and Arizona family law experience) about the timing and procedure for... View More
answered on Dec 28, 2023
If you are referring to an Industrial Commission (ICA) hearing, the answer is probably yes, especially if the witness is a lay person and not an expert. If you are saying the witness's question and answers were scripted, that would be very wrong. ICA hearings are not as formal as a court... View More
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answered on Dec 28, 2023
During a trial or deposition, a defendant witness is generally not allowed to read their answer to a lawyer's question while on the stand. Witnesses are expected to provide spontaneous and truthful responses to questions, and reading prepared answers may be seen as an attempt to manipulate or... View More
I would like to know if the mechanics lien will be the right step to get paid for a job we have done(note: it was a 5ft firebreak clear of weeds, shrubs, tree)? Can someone please advise
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answered on Dec 27, 2023
In Arizona, filing a mechanic's lien can be an effective way to secure payment for services rendered, especially in cases where your client, such as an HOA, is not fulfilling their payment obligations. However, it's important to understand the specific legal requirements and procedures... View More
Husband was ordered to complete a drug program, drug testing, and psych evaluation that was not completed.
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answered on Dec 27, 2023
In the context of a divorce default hearing in Arizona, you may have the option to use current temporary orders, particularly if your husband has failed to comply with the court-ordered drug program, testing, and psych evaluation. The non-compliance with these orders could significantly impact the... View More
I need legal help to press charges and sue them. Is there a pro Bono lawyer you can direct me to in Glendale az
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answered on Dec 27, 2023
If you are experiencing harassment, stalking, and other forms of invasive behavior, it is important to take immediate action to protect yourself. The first step should be to contact local law enforcement in Phoenix, AZ to report the incidents. They can provide immediate assistance and begin an... View More
I'm having bad headaches no taste of anything.
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answered on Dec 25, 2023
If you believe that a hospital administered medication that resulted in an overdose and caused you harm, you may have grounds for a medical malpractice claim. To determine whether you have a viable case, consider the following steps:
Document Your Experience: Keep records of all medical... View More
Back to the schools general fund or can they be moved to a specific school club that accepts tax credits? The tax credits were donated in my name so wouldn't I be able to request where they are going?
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answered on Dec 25, 2023
When a school trip is canceled and you've received tax credit donations in your name for that trip, the handling of these funds can vary based on the school's policies and the specific tax credit program. Generally, tax credit donations are earmarked for specific purposes, and any... View More
There is debt associated with the business (a business credit card and money we owe a business coach). I am no longer working on the business, having had to get a job since my estranged husband agreed to be the breadwinner while we got the business up and running. When he left, I had limited... View More
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answered on Dec 20, 2023
In general, business debt follows the business. So whoever retains the business takes that debt with the business. It is usually calculated into the equity of the business when determining its value. However, if the debt is not in the business name but in one of the parties' name, the debt... View More
If she is able to pay me out but not refinance, is she held in contempt? It also states to sell property if she can’t meet the court’s ruling. Please let me know, thank you!
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answered on Dec 20, 2023
For someone to be found in contempt, the facts must show that the person knew about the order and willfully disobeyed the order. Based on what you stated, it appears the court is most likely trying to accomplish two goals with its order: pay you the equity in the property that your ex retained and... View More
My brother is involved in an adult protection service (APS) in Arizona, he is the victim in this scenario. He wants to move in with me here in Wisconsin but doesn't know if he can move out of state during an ongoing investigation. He wants to move for his protection. He is a disabled adult.
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answered on Dec 20, 2023
In Arizona, if an individual involved with Adult Protective Services (APS) as a victim wishes to move out of state, there are a few considerations to keep in mind. Generally, a victim of abuse, neglect, or exploitation has the right to choose where they live, but this decision can be complex,... View More
I was driving carefully, with distance. I used the breaks and was not enough to avoid bumping into the car in front of me. The collision was minor and there was not apparent damages made.
It's my first ticket and I've been driving for 10 years now.
answered on Dec 21, 2023
If you want to mitigate the impact of the charges (whch you should) then you should hire a lawyer to represent you on this. Also, in many jurisdictions, one of the reasons you hire a lawyer is for the lawyer to appear in court on your behalf so that you do not have to take off from work to appear... View More
Can the State amend the charge, after the statute of limitations has run on the right date? I see the exceptions. Evidence issues abound. But the complaint filing date is most likely prosecutor error because they waited 11 months to file and made a mistake in reading the Officers report, which... View More
answered on Dec 14, 2023
You are correct, the statute of limitations for misdemeanor charges in Arizona is 1 year from the date of when the event occurred or the government had reason to know of the offense. It sounds like you may have an issue here. You should contact an Arizona criminal defense attorney with more of the... View More
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answered on Dec 14, 2023
If you're unable to find any of your prior court cases on your public record, this could mean a few different things. It's possible that your records have been sealed or expunged. When a record is sealed, it's hidden from public view, but still exists in the legal system.... View More
She found a new job that will work with her restrictions and pays less than the job she was previously at how does she move forward from there she was told she would get into trouble for working a full time job but she can't afford to live off the very little she gets from the workers comp... View More
answered on Dec 13, 2023
There is no easy answer to your question but your girlfriend is entitled to medical care and wage loss disability benefits until, and possibly after, she has recovered as much as she can from her injuries. She is only required, and sometimes only allowed, to go back to work when a doctor says... View More
Say I'm encountering a burglary that I either suspect or know the opposite side carries a weapon of deadly forces such as gun or knife. After multiple warnings that I'm armed, the burglar does not heed my warning and proceeds with invasion and poses as an imminent threat to me. In such... View More
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answered on Dec 12, 2023
The clause in your lease agreement prohibiting the discharge of a firearm in the apartment community is typically intended to prevent reckless or unnecessary use of firearms. However, the legality of using a firearm in self-defense, even within your apartment, depends on state and local laws... View More
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answered on Dec 11, 2023
A police officer on a knock and talk generally doesn't have to identify themselves. The officer has the right of say a door-to-door salesman to come up to your door and ask you questions, you can choose to answer them or not. However, there could be issues if you were not free to leave and the... View More
I brought a house and tried to sell it later. An offer over asking price was made but once the inspection got done I learned the additions where not permitted and I had to bring the price down 25k. I was never told that the additions wasn't permitted by the seller or the person I had do my... View More
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answered on Dec 8, 2023
In Arizona, if a seller fails to disclose unpermitted additions to a house, you may have legal recourse. This could include claims such as breach of contract, fraud, or misrepresentation, as sellers are obligated to disclose significant property issues.
Understanding key factors is... View More
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