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Arizona Civil Remedies, 5th Edition 2024 (2-volumes)


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Bundle(s):
Arizona Civil Remedies Bundle
Categories:
Real Property |  Bankruptcy |  Civil Litigation |  Creditor/Debtor Law
Author:
Marilee Miller Clarke |  Russell Piccoli |  Christopher M McNichol |  Robert M Charles Jr |  David B Goldstein |  Christopher Larry Hering |  Robert Williams
Publication Date:
Mar 15, 2024
Number of Pages:
923


Description

Contents: 

  • Injunctions - Introduction; Conditions Governing Issuance; Defenses; Procedure; Requisites of Injunctive Orders; Temporary Injunctions; Modification; Security; Contempt; Appeals 
  • Prejudgment Seizure of Property: Provision Remedies Act; Replevin; Attachment; Garnishment - Background of the Provisional Remedies Act; Defects in Prior Arizona Prejudgment Seizure Procedure Cured by the Act; Summary of Need for Act; Requirements for Obtaining Prejudgment Relief: Replevin; Requirements for Obtaining Prejudgment Relief: Attachment; Requirements for Obtaining Prejudgment Relief: Garnishment; Obtaining an Order for a Provisional Remedy Under the Act; Determination of “With Notice” or “Without Notice”; Grounds for Provisional Remedy Without Notice; Pleadings Required for a Provisional Remedy Without Notice; Filing the Action and Having the Order for Provisional Remedy Without Notice Entered; Pleadings Required for a Provisional Remedy with Notice and Filing the Action; The Three Different Notices To Be Served on the Debtor or Party Against Whom the Provisional Remedy Is Sought; The Probable Cause Hearing; Result Where Creditor Is Successful at the Probable Cause Hearing; Result Where Creditor Is Unsuccessful at the Probable Cause Hearing; The 10-Day Default Provision in the Case of a Provisional Remedy with Notice; Use of Temporary Restraining Order in Connection with Provisional Remedy; Blanket Requests for Provisional Remedies; Bonds Required Under the Act; Forms
  • Getting Your Money: General Prejudgment and Postjudgment Remedies - Complaint and Prayer for Relief; Jurisdiction--Monetary; Jurisdiction--Territorial; Security for Costs; Recovering Attorneys` Fees; Obtaining Judgment by Default; The Judgment; Protection For the Hiding Defendant; Prejudgment and Postjudgment Matters; Attachment; Execution of Judgments; Garnishment Replevin; Bad Checks; Consumer Protection--Pitfalls for the Unwary Collector; Miscellaneous Remedies; Bulk Transfers; Fraudulent Conveyances; Creditors` Claims Against Decedents` Estates; Liens; Limitations on Postjudgment Remedies; Marshaling of Assets; Unlawful Failure To Return a Motor Vehicle; Forms Declaratory Judgments - Use of the Remedy; Prerequisites to Use of the Remedy; Parties and Pleadings; Trial of Actions for Declaratory Relief; Judgment and Its Effects; Sample Complaint Form 
  • Rescission and Specific Performance - Introduction; Rescission; Potential Bases for the Right of Rescission; How To Rescind; Defenses; Damages; Restitution; Punitive Damages; Arizona Statutes; Federal Statutes; Specific Performance; Forms 
  • Landlord-Tenant Relationships - Introduction; Real Property (Commercial); Landlord Obligations/Tenant Remedies; Arizona Residential Landlord and Tenant Act--A.R.S. §§ 33-1301 to –1381; Arizona Mobile Home Parks Residential Landlord and Tenant Act--A.R.S. §§ 33-1401 to –1491 and Remedies; Forms 
  • Real Property Foreclosures - Types of Real Property Liens; Preliminary Matters; The Deed of Trust; The Mortgage; Contract for Conveyance (Contract for Sale); Subdivision Trust; Common Defenses; Deeds in Lieu of Foreclosure; Special Situations and Problems; Deficiency Judgments; Forms
  • Remedies in Proceedings Under the Bankruptcy Code - Sources of Bankruptcy Law; Overview of Chapters 7, 11, 12 & 13; Administration, Jurisdiction, and Appeals; Commencement, Conversion, and Dismissal of Bankruptcy Cases; The Estate; Claims Against Estate; Discharge; Collateral Estoppel; The Automatic Stay; Abandonment or Sale of Property; Chapter 11 Issues; Chapter 12 and 13 Issues; Avoidance of Claims and Liens/Actions Against Creditors; Leases and Executory Contracts
  • Forms - Included as Word Documents

Handouts

Author

Marilee Miller Clarke Related Seminars and Products

Clarke Law Firm PLC


Marilee Miller Clarke is an accomplished attorney based in Scottsdale, Arizona. ​ With over 40 years of experience, she is the founder and owner of Clarke Law Firm, PLC. ​ Her areas of expertise include estate planning and probate, business law and litigation, and family law. ​

Throughout her career, Ms. Clarke has held various positions in both private practice and corporate settings. ​ She was the first woman President of a law firm with 10+ attorneys in the Phoenix metropolitan area. ​ She also served as the section chief for the Western Savings Section and the Alternative Dispute Resolution Coordinator at Resolution Trust Corporation-Legal in Phoenix. ​ Additionally, she was the first woman Vice President and General Counsel of Wells Fargo Credit Corporation, a subsidiary of Wells Fargo & Company. ​

Ms. Clarke's educational background is impressive. ​ She earned her B.A. in English with high distinction and departmental honors from Indiana University, where she was a member of the Mortar Board and Phi Beta Kappa. ​ She then obtained her J.D. ​ degree from the University of Wisconsin, where she served as the managing editor of the Wisconsin Law Review. ​

In addition to her legal work, Ms. Clarke has made significant contributions to the legal community. ​ She has been the Editor-in-Chief of the Arizona Civil Remedies published by the State Bar of Arizona since 1982 and has authored its chapter on Rescission and Specific Performance. ​ She has also published legal articles in law journals and other publications. ​ Ms. Clarke was a founding member of the Arizona Women Lawyers Association and has served on various committees of the State Bar of Arizona. ​

Outside of her legal career, Ms. Clarke has been involved in community organizations. ​ She has served on the Board of Contemporary Forum of the Phoenix Art Museum and was legal counsel to Foothills Caring Corps, a non-profit corporation. ​ She is a member of AAUW-Scottsdale Branch and a member of a Paradise Valley book club. ​

In summary, Marilee Miller Clarke is a highly accomplished attorney with extensive experience in various areas of law. ​ Her contributions to the legal community, both through her practice and publications, have made her a respected figure in her field. ​ Additionally, her involvement in community organizations showcases her commitment to making a positive impact beyond her professional endeavors.



Christopher M McNichol Related Seminars and Products

Gust Rosenfeld PLC


Christopher McNichol concentrates his practice on commercial and real estate transactions, including the sale and purchase, development, lease, title insurance and construction issues, and related litigation in these areas. In addition, Chris handles creditors’ rights matters, including loan workouts, judicial and nonjudicial foreclosures, deeds in lieu, receiverships, deficiency and guarantor actions, and bankruptcy. Chris represents lending and financial institutions, mortgage lenders and brokers, title and escrow companies, real estate brokers and agents, developers, contractors, and individuals. He writes and lectures frequently at bar and industry seminars on real estate, lending, litigation, and creditors’ rights topics, and is a teacher at the Arizona School of Real Estate and Business. Chris has served as a mediator and arbitrator in various disputes involving commercial and real estate transactions and construction matters. Chris is recognized in both “Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law” and “Real Estate Law” by Best Lawyers in America® and is one of the Southwest Super Lawyers® for Real Estate Law. He is AV® Preeminent™ rated by Martindale-Hubbell®, representing the highest rating in legal ability and ethical standards, and was named by Arizona Business Magazine in Ranking Arizona as a Best of the Best Award Winner. He most recently was listed to “The Real Estate Lawyers” which is the premier independent guide to leading real estate attorneys across the United States.


Robert M Charles Jr Related Seminars and Products

Partner

Lewis Roca Rothgerber Christie LLP


Rob Charles is a partner and leader in the firm’s Bankruptcy and Creditors' Rights Practice Group, practicing throughout Arizona and Nevada. He represents clients in business bankruptcy cases, commercial lawsuits, and business transactions.

Rob works with secured and unsecured creditors, as well as debtors through complex Chapter 11 bankruptcy issues in all aspects of debtor/creditor relationships, workouts, and litigation. From sophisticated financial transactions through bankruptcy appeals, business leaders from finance and investment, technology, health care, and real estate trust Rob’s in-depth industry knowledge to inform the best bankruptcy strategies.

As fellow of the American College of Bankruptcy and University of Arizona College of Law Adjunct Professor teaching bankruptcy reorganization, Rob is recognized by the industry for the highest standards of leadership and experience in bankruptcy law.

Rob also advises clients in matters including the Uniform Commercial Code, with expertise in negotiable instruments, banking law, and secured transactions. He actively represents plaintiffs and defendants in civil and commercial litigation in the state and federal courts.


David B Goldstein Related Seminars and Products

Member

Hymson Goldstein Pantiliat & Lohr PLLC


David Goldstein, an experienced litigator and transactional attorney, concentrates his practice on commercial litigation and bankruptcy, antitrust, copyright, trademark, and computer law, creditors’ rights, and business transactions. After four years in private practice, Mr. Goldstein joined the Arizona Attorney General’s Antitrust Division, representing the State of Arizona in major antitrust class actions.

Mr. Goldstein is a contributing author to the State Bar’s Arizona Civil Remedies text and has written articles for several legal publications.  He also has served as a director and president of the Phoenix Industrial Development Authority and currently is a member of the Board of Directors of Gomper’s Center for Disabled Children and Adults.

Mr. Goldstein’s clientele includes nationally-known and publicly-traded companies, banks, manufacturers, real estate development and management companies, and computer service and software vendors.  He has litigated in the federal, state, and bankruptcy Courts. He is also a trained mediator, specializing in commercial and intellectual property disputes and was recently listed with the United States Bankruptcy Court as a court-appointed mediator for the District of Arizona.

Mr. Goldstein received his undergraduate education at the University of Southern California, where he graduated magna cum laude and was a member of Phi Beta Kappa.  His legal degree is from the Harvard Law School, where he was a finalist in the Ames Moot Court Competition.


Christopher Larry Hering Related Seminars and Products

Gammage & Burnham PLC


Charistopher Hering is a member of Gammage & Burnham, P.L.C. Mr. Hering practices in the areas of construction law, civil and commercial litigation, and civil appeals. Mr. Hering handles just about any matter that involves a construction project, from licensing and construction contract drafting to payment disputes and defect claims. Before joining Gammage & Burnham, Mr. Hering clerked for Arizona Supreme Court Justice A. John Pelander. He graduated from Arizona State University with degrees in finance and economics in 2007 and from the University of Arizona James E. Rogers College of Law in 2010. Mr. Hering has been selected by Southwest Super Lawyers as a Rising Star every year since 2014, is a member of the executive council of the State Bar Construction Law Section, and is a fellow of the Construction Lawyers Society of America.



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