Fires happen, break-ins occur; that is why we have insurance to protect our assets against loss from fire or theft. So when the unfortunate happens, how do you prove to your insurance company that you really did have a diamond and ruby bracelet that was stolen? How do you prove that your television really was […]
A professional race car driver named Charles Phelps signed both a “Release and Covenant Not to Sue” and a “Release and Waiver of Liability Assumption of the Risk and Indemnity Agreement” before entering a race at Firebird Raceway in Chandler, Arizona. During the race, Phelps’ vehicle crashed and erupted into flames. He suffered serious burns […]
Many people do not understand the importance of uninsured and underinsured motorist (UM/UIM) insurance coverage until it is too late. These two types of coverage are incredibly important to protect you and your family. Additionally, the cost of UM/UIM coverage is relatively inexpensive given the protection it provides. A motorist is “uninsured” when he or she does […]
A statute of limitations is a law that sets forth the deadline for filing a lawsuit or criminal charge against a person. The time varies according to what the claim or charge is. Statutes of limitations date back to early Roman Law and are designed to prevent fraudulent and stale claims from occurring after all […]
Did you know… There are four courthouses in Tucson (not including the United States Bankruptcy Court or Juvenile Court.) So you are summoned to Court. Which one? Tucson City Court is at 103 E. Alameda St., Tucson, AZ 85701. If a traffic citation or misdemeanor criminal violation occurred in the Tucson city limits, this is your […]
The general rule regarding attorneys’ fees, sometimes referred to as the ‘American Rule,’ is that, absent a statute or contract, the prevailing litigant is ordinarily not entitled to collect attorney’s fees from the losers. There are several statutes that permit the award of attorneys’ fees in certain types of cases. But in all other cases, […]
There are certain things people hope they never need to understand, one of them being lawsuits. But if you are thinking of filing a lawsuit or one has been filed against you, then you should have an understanding of what a lawsuit is all about — how a lawsuit starts, what steps are involved, how […]
Spoliation is the destruction, significant alteration or the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation. Spoliation can occur as the result of actions by parties or by non-parties. It can be inadvertent or intentional. It can be the product of absolute good faith, the result of negligence […]
1. ABANDONMENT. Order of the Bankruptcy Court or trustee disavowing any interest of the bankruptcy estate in particular property. (§ 554 of the Bankruptcy Code). 2. ADEQUATE PROTECTION. That which need be afforded a secured creditor to enable a debtor to use the bankruptcy stay to hold off creditor’s attempts to foreclose. Adequate protection can […]
Before and/or shortly after the filing of a Chapter 11 petition, the debtor and debtor’s counsel should consider the following issues. 1. CORPORATE RESOLUTION. Where the debtor is a corporation or an entity controlled by an agreement between its principals, the debtor should follow the procedures articulated therein, so that the act of the Chapter […]
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