Recent Blog Posts

Dying Without A Plan: what next.

Ben Dodge — Mon, 16 Apr 2012 18:24:00 GMT

Dear Friends,

I recently met with a family whose father recently passed away. They were dealing with unfortunate sibling disputes as a result of their father's passing without an estate plan. Who gets what property? How should things be divided and who pays the bills were some of the questions we worked through.

This situation plus the thousands of dollars in court probate and attorney's fees that will be spent trying to resolve it could have easily been prevented with an estate plan. Indulge me for a second and ask yourself:

Do I have a will?

Do I have a trust?

Do I know the difference between a will and a trust?

What will happen to the kids if we are both gone at the same time?

Do I want any life preserving measures taken on my behalf if I am unable to communicate my preferences?

How much debt will I leave my family if I die without a plan?

Do I have to have millions to have an estate plan?

Is an estate plan going to be expensive?

We know that this is not a fun topic. However, as our client, we want to be able to help you through this process and provide you with the protection you need in an affordable fashion. Please contact me at your earliest convenience so we can address your estate planning needs.

Sincerely,

Angel (Bacho) Vega, Esq.

World Autism Awareness Month

Ben Dodge — Tue, 03 Apr 2012 17:35:00 GMT

We proudly support World Autism Awareness Month during the month of April. The world autism awareness day was yesterday April 2nd. We Dodge & Vega deep ties to the autism community and are proud to help support and sponsor autism awareness. The official color of autism awareness is blue. Many famous buildings and homes including the Empire State building in NYC will "light it up blue" on April 2^nd. You will likely see many of our attorneys and staff wearing blue t-shirts. You may see blue lights in our lamps, or blue balloons and banners in our offices. We have pledged to help raise awareness for autism and are proud to help support the community of professionals dedicated to researching causes and cures for autism. New findings have recently been released citing autism as the most prevalent childhood affliction. More children will be diagnosed with autism this year than with cancer, aids, diabetes, cerebral palsy, and muscular dystrophy combined!

In one year from yesterday on the World Autism Awareness Day of April 2nd of 2013 - Ben Dodge and Bacho Vega will begin an epic journey to raise funds and awareness for Autism by running nearly 2,000 miles from the border of Canada to the Border of Mexico along the Pacific Coast and then finishing in Phoenix Arizona. The journey will consist of each runner running the full distance at an average of 50 miles per day for 6 weeks. No one has ever dared to run this far in the name of Autism. Ben and Bacho are excited as they prepare for this epic journey focused on doing their part to help the cause of autism.

Some of our favorite Autism links:

http://www.autismcenter.org

http://www.autismspeaks.org/

Divorce and Health Insurance

Ben Dodge — Wed, 28 Mar 2012 20:47:00 GMT

Do you have questions about your children or yourself remaining on your spouse's health insurance plan during a divorce? If so, you should call our office to schedule a consultation appointment. There are laws and guidelines in place to ensure that all types of insurance coverage remain effective and in place during a divorce proceeding. If your spouse has removed you from the health insurance benefits, he or she may face an arrest and prosecution for interfering with judicial proceedings, or could be held in contempt of court. This is a very serious situation and if this has happened to you, you should seek the guidance of an attorney immediately. You may be entitled to a variety of forms of relief. You shouldn't delay in meeting with a qualified attorney immediately so that your rights can be protected.

New Proof of Claim Rules in AZ Bankruptcy Cases

Ben Dodge — Fri, 03 Feb 2012 16:47:00 GMT

In 2005 the bankruptcy law was revamped to its current form. Periodically, the rules that govern bankruptcy are reviewed and tweaked. On December 1, 2011, some of those tweaks took effect. In chapter 7 and chapter 13 cases, creditors will feel the greatest effect with the new changes.

Creditors filing proofs of claim in bankruptcy cases will not be required to file documentation to support the amounts they are claiming, as opposed to a simple summary. Creditors must include all charges that are included in the claim. Creditors who hold a security interest (like a mortgage) must disclose the amount of any default at the time of filing. Mortgage creditors must also attach documentation proving the security interest and an escrow statement if an escrow account exists on the property.

Mortgage creditors will also be required to file with the Court any changes in mortgage payments, regardless of the reason. They must also serve on a debtor an itemized statement of any post-petition charges, including late fees, NSF charges or attorney fees. Along with the new requirements for mortgage creditors, the trustee in a chapter 13 case must file a notice of the final cure payment being made to a mortgage lender. The mortgage lender then has 21 days to dispute that notice.

If you have any questions regarding these changes and how it may affect your bankruptcy case, please don't hesitate to contact us. We always look forward to helping in any way we can.

How Divorce Differs from Legal Separation

Ben Dodge — Fri, 03 Feb 2012 16:43:00 GMT

How divorce differs from legal separation:

In the state of Arizona, there are in actuality more similarities between a legal separation and a divorce than there are differences. In both a legal separation and a divorce, the Court will issue final orders deciding on issues such as division of debts and assets, child visitation and support, and spousal maintenance. The one significant difference between these two proceedings, is at the end of a divorce you are eligible to remarry, whereas with a legal separation you are not.

Why would you choose a legal separation over a divorce? There are many personal or religious reasons for choosing a legal separation instead of a divorce. Some religions do not allow for divorce. Some may feel an uncertainty of the marriage being irrevocably broken or the prospect of reconciliation. For some, it simply comes down to a spouse needing to maintain health insurance coverage. The reasons are vast and personal.

If you are trying to determine which of these is right for your situation and would like a legal opinion, please feel free to call our office to schedule a consultation.

Team Dodge Vega at London's Run 2012 - Charity Run

Ben Dodge — Fri, 03 Feb 2012 16:29:00 GMT

As it has become part of our tradition Team Dodge & Vega participated in the final year
of London's Run. The team did an outstanding job and all members achieved personal records
in the half-marathon.

We are very excited to have been able to contribute to the great success of
this event. According to event organizers 50 pints of blood were donated at the blood
drive, 78 bone marrow registry donors and over $40,000 was raised to help Arizona
families in need!

Don't Forget To Account For The Deposit

Bacho Vega — Wed, 04 Jan 2012 22:45:00 GMT

Don't Forget To Account For The Deposit

From time to time we meet property owners who forget to account to former tenants for their security deposits. Unfortunately, without the proper assistance of an attorney this oversight could end up in a lawsuit and damages imposed against the landlord.

Arizona law is very specific as to the management of security deposits. Arizona Revised Statutes 33-1321 states in pertinent part:

D. Within fourteen days, excluding Saturdays, Sundays or other legal holidays, after termination of the tenancy and delivery of possession and demand by the tenant the landlord shall provide the tenant an itemized list of all deductions together with the amount due and payable to the tenant, if any. Unless other arrangements are made in writing by the tenant, the landlord shall mail the itemized list and any amount due, by first class mail, to the tenant's last known place of residence.

E. If the landlord fails to comply with subsection D of this section the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.

Following the termination of a tenancy, delivery of possession and demand by the tenant the landlord must send the former tenant, within 14 working days, a statement of how the security deposit was used or applied. One of the key terms in the statute is itemized statement. A simple or vague description may not be sufficient to inform the tenant or comply with the statute.

If a landlord wants to avoid a potential dispute over security deposits it is crucial that she send a detailed statement. Arizona law allows the owner to apply the security deposit to things like unpaid rent, damages to the property and other charges owed under the lease. However, as previously stated these charges must be written with appropriate details to the former tenant.

The statute only requires that the statement be mailed via first class mail to the last known address which in many cases is the former residence. While the costs for certified mail may be more we recommend sending it via certified mail so that you can keep track and verify compliance with the mailing requirement if the need arises.

If you run into any issues dealing with security deposits feel free to contact our office at 480-656-8333 or email me at Bacho@dodgevegalaw.com.

You Served Your Notice How?

Bacho Vega — Tue, 20 Dec 2011 21:53:00 GMT

You Served Your Notice How?

Landlords beware! It is common for a landlord to call our office to go over the process necessary for evicting a tenant. While discussing the factual background leading to the potential eviction it has become our practice to ask "How did you serve the notice?" The response to this question is critical to the eviction process.

The Arizona Residential Landlord and Tenant Act provides only two legal ways to serve a notice to a tenant. ARS 33-1313 (B) states in pertinent part

in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or, in the absence of such designation, to his last known place of residence. If notice is mailed by registered or certified mail, the tenant or landlord is deemed to have received such notice on the date the notice is actually received by him or five days after the date the notice is mailed, whichever occurs first. (Emphasis added.)

In Hand

In hand means exactly that; you must put the notice in the hand of the person who signed the lease. Please note that sliding the notice under the door, posting on the door and similar actions may not alone constitute service of the notice. Should you decide to go to court using this type of attempt you may run the risk that your eviction may end up getting dismissed. It does not mean that the tenant gets to stay in the property without paying and/or the tenant does not owe the rent. It means that you have to start the process of eviction all over again.

Registered or Certified Mail

If you were not able to put the notice in the tenant's hand Arizona law allows, in these cases, service via registered or certified mail. While some of these services may cost a bit more in the long run the additional expense may save you time and money in completing the process for evicting a tenant. As a practical matter we have found that most of our clients use certified mail in these cases. While it is not necessary to send the certified mail via return receipt requested this additional service will serve as evidence of compliance with the statute in case you end up having to go to trial or even if there is a question of service.

You must be aware that any notice served via the mail will only be deemed received by the tenant 5 days from the day the notice was mailed or when the tenant signs the green card included in a return receipt request. In other words if you are sending a 5-day notice for non-payment of rent the tenant may end up having ten days to cure the non-payment. You may not be able to file your eviction action until the mailing plus cure time has expired. It does not matter whether the tenant accepts the certified mail or not, by law, it is deemed received five days from the time it is mailed.

The first step in any eviction action is notice. Make sure you properly deliver the notice and let us help you with the rest of the process. If you have any questions or concerns please do not hesitate to contact us at Bacho@dodgevegalaw.com or 480-656-8333.

Help My Tenant Filed Bankruptcy!

Bacho Vega — Mon, 12 Dec 2011 23:24:00 GMT

Help My Tenant Filed Bankruptcy!

We have recently received multiple calls from clients who tried to evict a tenant on their own and were told by the court that they could not proceed because the tenant had filed for bankruptcy protection or were told directly by the tenant that a bankruptcy was imminent.

When a tenant files for bankruptcy protection federal law immediately grants them an "automatic stay." This automatic stay prevents creditors, including landlords, from taking any action against the tenant. One item of confusion is that while as a landlord you may not be interested in monetary issues and just want your property back, the automatic stay also stops any eviction action from moving forward.

In order proceed against a tenant who filed bankruptcy a landlord must file a motion with the bankruptcy court asking the court to allow the eviction to move forward. This motion may take a bit of time to be decided by the court. During that time the tenant may continue to reside in the property without making payments. While this may be frustrating the landlord must not take any action against the tenant or she will potentially face significant sanctions for violating the automatic stay.

11 U.S.C. Section 362 (h) of the Bankruptcy Code, describes the penalties that can be assessed for violations of the Automatic Stay. It reads as follows:

(h) An individual injured by any willful violation of a stay provided by this section shall recover actual damages, including costs and attorneys' fees, and, in appropriate circumstances, may recover punitive damages.

Do not despair not everything is lost. The landlord following the filing of a motion with the bankruptcy court and approval by the court may not only regain possession of the property through an eviction but also collect rents that are due. While it is not always easy you may petition the court and obtain payment for rent accrued after the filing of bankruptcy. Depending on whether the tenant filed a Chapter 7 or Chapter 13 there may be funds available to make payments for the amounts owed. The landlord may have to file a document called a proof of claim letting the court know that it is interested in pursuing the debt through the bankruptcy process.

While the process may take a bit longer with the right guidance and assistance you will regain possession of the property and may even collect part of the debt in some cases.

Should you receive notice that your tenant filed bankruptcy call us immediately as the potential sanctions for violating the stay could be costly. When dealing with tenants who filed bankruptcy you really do not have time to waste. We can help you navigate through the process to maximize your claims and minimize exposure.

Call us with any questions at 480-656-8333 or email us at Bacho@dodgevegalaw.com

Federal Rules of Bankruptcy Procedure have been amended! Effective 12-1-11

Ben Dodge — Wed, 07 Dec 2011 15:14:00 GMT

Effective December 1st, 2011 the Federal Rules of Bankruptcy Procedure have been amended. Some of tehse amendments will yet need exploring as to the implications they may have on the debtor filing bankruptcy. Some are more important for creditors and offer the debtors more protection. The most notable rule amendments in my opinion for the common debtor are Rules: 3001, 3002.1, and 4004. A link to a brief summary of the rule changes are found directly on the Court's Website.

It is important that you get qualified advice on these rule changes and how they may affect your case. We look forward to serving you.

Sincerely,

Benjamin L. Dodge, Esq.

Dodge & Vega, PLC

Partner

Anthem Sprint Triathlon

Ben Dodge — Mon, 05 Dec 2011 22:10:00 GMT

This last Saturday I competed in a Sprint Triathlon out in Anthem Arizona with some good friends. It felt good to get out there and do something a bit more relaxed than a full Ironman and to support my friends who also raced. Love triathlons!

Ben Dodge Inducted into Bout Scouts of America Hall of Fame

Ben Dodge — Sat, 03 Dec 2011 17:30:00 GMT

With 21 years of service in the American Boy Scouts of America, Ben Dodge was inducted into the Grand Canyon Council Venture Crew Hall of Fame on December 2, 2011. Congratulations Ben!

Community Service and Boy Scouts have always been a part of our firm. Its awesome to see young men ages 12-18 progress through the scouting program and eventually find themselves more prepared for life. They develop interpersonal skills, outdoor skills, career training, goal setting skills, and much more. It's a pleasure to be a part of such a wonderful program and to give back to the community which we love.

Arizona Law

Arizona Attorney — Thu, 17 Nov 2011 23:08:00 GMT

We are pleased to announce the launch of our new Arizona Attorney Blog and RSS feed here!

Ben Dodge Completes Ironman Florida!

Ben Dodge — Mon, 07 Nov 2011 17:10:00 GMT

I competed in my 3^rd Ironman triathlon a few days ago on November 5^th in Panama City Florida. 140.6 miles in 15 hours and 40 minutes. The swim of 2.4 miles was actually pretty calm compared to the crushing waves of the day before. However, there was the matter of a decent tide constantly pulling you off course and the minefield of jellyfish we had to swim through. A lady I met out on the bike course later during the race told me she hit one of these jellyfish with her face. She said it was 10 minutes of "______" (fill in the bank) and then she was able to keep going. They warned of us of these jellyfish at the start of the race. But seriously, they were everywhere and no warning could have been sufficient to prepare us for that!

The bike was absolutely rough. Although flat, the 112 mile bike ride was windy – very windy! I was racing with Zipp 404 tubular tires. I had a flat at about mile 56. I used every bit of "Pit Stop" and compressed air I had trying to fix about 3-4 times. Finally about mile 96 I was able to get a hold of bike support to switch out my entire back wheel. But I swear – 40 miles of riding in the wind with a flat tire was horrible. Definitely took a toll on my legs as well as my overall time.

Finally finishing the bike portion of this race I transitioned as quickly as possible to the run and tried to remember why I was out there – because at this point I felt just a bit angry at my bike experience. A couple of miles into the 26.3 mile full marathon run my legs finally felt like they were there again and the run went as most runs do for me at Ironman. Run… walk… then run some more, walk some more, take a break at an aid station… run a bit more, then walk some more, etc. I've never been a good runner. But at this race I definitely it my personal best with a faster run time than ever before. I really pushed it and when I finally came across the finish line I felt like weak. Next thing I know I am stumbling into some volunteers and then its lights out. I passed out and came to in the medical tent. 45 minutes later they released me and then it was time for bed!

Love Ironman.

Automatic Stay

Dodge | Vega — Fri, 08 Jan 2010 01:00:00 GMT

Bankruptcy protection usually begins and ends with the Automatic Stay. Basically when a person files for bankruptcy the automatic stay is the protection that automatically kicks in and prevents creditors from seizing property, collecting against judgments, garnishing wages, foreclosing on your house, etc. It is like an invisible force field that protects you from your creditors as long as it remains intact.

Your bankruptcy protection can quickly fade if a creditor files a Motion for Relief From the Automatic Stay. This is a simple motion wherein the bankruptcy court is asked for permission from a creditor to proceed with some sort of collection action notwithstanding you filed a bankruptcy. For example, in a chapter 7 bankruptcy you must be current with your mortgage in order to retain that property. If you are late and your file a chapter 7 bankruptcy then your mortgage lender will likely file a motion for relief from the automatic stay to continue with a foreclosure proceeding. They can do this because the bankruptcy rules require that you be current with all of your secured debts (i.e. a house) which you intend on retaining otherwise the lenders are allowed to take them back again. But before they can take them back they must ask the court for permission and cite the bankruptcy rule which allows them to do so. This process is all done in filing a motion for relief from the automatic stay.

Thus your bankruptcy protection begins with automatic stay when your case is filed and can quickly end if a creditor is successful in getting relief from the automatic stay. Its always good to seek out professional help to eliminate the potential mistakes in your case and to ensure that your bankruptcy is prepared properly.