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Raymond A. Kenney

Raymond Kenney’s Answers

50 total


  • Does my legally separated spouse have control of medical decisions if something happens to me?

    Or can I delegate it through a medical power of attorney?

    Raymond’s Answer

    Now that you are legally separated it would be beneficial for you to meet with an experienced attorney to review your Estate Planning documents (will, health care directive etc. ) which can include the drafting of a medical power of attorney in which you may grant someone the power to make medical decisions on your behalf.

    Raymond Kenney is licensed to practice law in Arizona and is an experienced bankruptcy attorney. His phone number is 623-234-3536 his email address is ray@rkenneylaw.com. More information about Raymond Kenney’s professional qualifications may be obtained at the website: http://www.rkenneylaw.com

    LEGAL DISCLAIMER:
    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice pertaining to your matter. The response herein is not legal advice and does not create an attorney client relationship. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable.

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  • Is the last will & testament still valid?

    My mother had a new will drafted in 2005 by my sister's then boyfriend's father. Said lawyer is now my sister's father-in-law. The will states my sister and I (whom I am estranged from) are to split the estate 50/50. Given our volatile relatio...

    Raymond’s Answer

    After six years it would be wise for your mother to have her entire set of estate planning documents reviewed by a different attorney. The estate tax laws have changed significantly since 2005 so it would be wise to have everything reviewed regardless of the attorney issue you raise in your question.

    LEGAL DISCLAIMER:
    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice pertaining to your matter. The response herein is not legal advice and does not create an attorney client relationship. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable.

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  • Should I file my taxes before or after I file BK. I get back earned income credit? We need it to live on.

    should I file my taxes before or after I file BK. I get back earned income credit? We need it to live on.

    Raymond’s Answer

    I agree with both of the answers previously posted and whole-heartily agree that it is best that you seek legal advice before you proceed with the filing of your bankruptcy. If you are filing a Chapter 7 you should discuss the tax filing issue with counsel before you file and if you plan to file Chapter 13 you really should seek representation.

    Raymond Kenney is licensed to practice law in Arizona and is an experienced bankruptcy attorney. His phone number is 623-234-3536 his email address is ray@rkenneylaw.com. More information about Raymond Kenney’s professional qualifications may be obtained at the website: http://www.rkenneylaw.com

    LEGAL DISCLAIMER:
    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice pertaining to your matter. The response herein is not legal advice and does not create an attorney client relationship. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable.

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  • What does a 'garnishe' lawyer do? how long does it take? what kinds of expenses are invovled to take garnishment action?

    what does a 'garnishe' lawyer do? how long does it take? what kinds of expenses are involved to take garnishment action that has been sanctioned by the court?

    Raymond’s Answer

    You state that the garnishment has been sanctioned by the Court by this do you mean that you already have a valid Arizona judgment against which you are seeking to collect? Have you conducted an examination of the judgment debtor at a Judgment Debtor Examination? Have you already filed a Writ of Garnishment? If those steps have already been taken your expenses should be minimal.

    Raymond Kenney is licensed to practice law in Arizona and is an experienced bankruptcy attorney. His phone number is 623-234-3536 his email address is ray@rkenneylaw.com. More information about Raymond Kenney’s professional qualifications may be obtained at the website: http://www.rkenneylaw.com

    LEGAL DISCLAIMER:
    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice pertaining to your matter. The response herein is not legal advice and does not create an attorney client relationship. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable.

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  • Tax refund and Chapter 7 BK

    We filed for Chapter 7 bankruptcy in July 2010 and received our discharge in November. We recently received a letter stating that our 2010 return is subject to being taken by the trustee and we have a few questions: 1. Is there any portion of the...

    Raymond’s Answer

    Arizona does not provide a wild card exemption. You may review many of Arizona's exemptions at Ariz. Rev. Stat § 33-1126 – 33-1132.

    Raymond Kenney is licensed to practice law in Arizona and is an experienced bankruptcy attorney. His phone number is 623-234-3536 his email address is ray@rkenneylaw.com. More information about Raymond Kenney’s professional qualifications may be obtained at the website: http://www.rkenneylaw.com

    LEGAL DISCLAIMER:
    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice pertaining to your matter. The response herein is not legal advice and does not create an attorney client relationship. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable.

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  • Hello, I read that before a garnishment begins,a summons must be served on the debtor,I was never summoned about anything and

    just recieved this garnishment through my work.Is it still a valid garnishment,and how do I tell if they followed all legal procedures in this matter..

    Raymond’s Answer

    You may review Arizona's Rules for Service at 16 A.R.S. Rules of Civil Procedure, Rule 4.1
    which details the service requirements and the alternative means of service.

    Raymond Kenney is licensed to practice law in Arizona and is an experienced bankruptcy attorney. His phone number is 623-234-3536 his email address is ray@rkenneylaw.com. More information about Raymond Kenney’s professional qualifications may be obtained at the website: http://www.rkenneylaw.com

    LEGAL DISCLAIMER:
    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice pertaining to your matter. The response herein is not legal advice and does not create an attorney client relationship. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable.

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  • On December 23, 2010 My husband and I filed bankruptucy. Why did we recive an ordered to Set and Certificate of Readiness?

    The Attorney was notified of the bankruptucy.

    Raymond’s Answer

    It sounds like some information was left out of your question. However, if by this question you mean that there was a civil lawsuit pending against you when you filed your bankruptcy then the Order to Set and Certificate of Readiness was probably generated by the Arizona Civil Court (it is known as a 150 day order) which is automatically sent by the Civil Court Administration staff after the case has been pending for 150 days (5 months). If you were sued in approximately the end of August / beginning of September this is most likely what you received. When you say you notified the attorney, do you mean the plaintiff's attorney in a civil lawsuit? If so you should follow up and make sure that the attorney has motioned the Court to have the lawsuit dismissed.

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  • Can my husband still go after our property and attempt to modify?

    In April 2010, I filed for Ch7 bankruptcy and was discharged on July 2010. I included our 2 homes, 1 of which was already foreclosed. The other property has a sale date of Dec 21 2010. My husband and I are wondering if we could still try to mod...

    Raymond’s Answer

    With a late December foreclosure date you would need to move quickly and modifications may take a long time to process. Do not rely on that fact that once you have started the modification process that this will stop the foreclosure.

    LEGAL DISCLAIMER:
    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice pertaining to your matter. The response herein is not legal advice and does not create an attorney client relationship. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable.

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  • First home discharge of chapter 7. Second home is it safe?

    First home discharge of a chapter 7. Will second home be safe? Both are separate loans with the same bank. We are still making payment on time no late. But, check our credit report and it shows it is in the BK as all credit cards and car. We do ha...

    Raymond’s Answer

    You state that you have a homestead on the home but does that mean that the full amount of equity you have in the home is exempt. You will want to contact an experienced bankruptcy attorney in your state regarding this issue to determine if that is the case for your state. If your equity in the home exceeds your allowable exemption the Trustee may come after the home.
    LEGAL DISCLAIMER:
    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice pertaining to your matter. The response herein is not legal advice and does not create an attorney client relationship. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable.

    See question 
  • Will I have to wait 5 years before I can file bankruptcy?

    I tried to file bankruptcy two years ago but was told that it wouldn't get discharged because I have property in trust. That property has now been sold under land contract over 5 years so do I have to wait until then before they will discharge my ...

    Raymond’s Answer

    There does appear to be a confusing wording to your question. If I am reading the question correctly you sought legal advice regarding a bankruptcy filing two years ago but never filed is that correct? If so please provide a further description of the sale of the land contract over five years. What was involved here are you saying that the land that had been in a trust is now being sold or has been sold and that you are being paid the proceeds from its sale over the next five years. Please explain.

    LEGAL DISCLAIMER:
    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice pertaining to your matter. The response herein is not legal advice and does not create an attorney client relationship. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable.

    See question