News and Insights

Visit regularly for up-to-date information on relevant news, firm announcements and additions to our AZ Health Law Blog.

Temperatures of 100+ degrees have officially hit the Valley, which means many Arizona residents are starting to book summer vacations. However, there are certain rights you should be aware of before you commit to any travel plans. This includes knowing what to do in the event of a trip cancellation, missed flight, bad weather, hidden fees and other unforeseen circumstances.

July 2nd, 2018

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Attorney Stephanie Webb sat down with 12News to talk about social media clauses in your prenup agreements and who might need one.

May 31st, 2018

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Attorney Stephanie Webb sat down with 3TV to talk about what you should consider including with regards to a social media clause in your prenup agreement before getting married.

May 31st, 2018

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Most attorneys, whether or not they practice bankruptcy law, are familiar with the “automatic stay” of 11 U.S.C. §362(a). Amongst other things, it operates to stay collection actions, service of process, lien perfection, and judgment enforcement, upon the debtor’s filing of a bankruptcy petition. Creditors and their attorneys alike, however, are less familiar with the provisions of 11 U.S.C. §108(c), which extends certain non-bankruptcy time limitations for taking actions that are prohibited while the automatic stay is in effect. Section108(c) provides, in pertinent part:

“If applicable non-bankruptcy law . . . fixes a period for commencing or continuing a civil action in a court other than a bankruptcy court on a claim against the debtor, . . . and such period has not expired before the date of the filing of the petition, then such period does not expire until the later of — (1) the end of such period, including any suspension of such period occurring on or after the commencement of the case; or (2) 30 days after notice of the termination or expiration of the stay under section 362 . . . of this title . . . with respect to such claim.”

The extension applies equally to co-debtors (individuals jointly obligated with the debtor on a consumer debt) under chapter 12 or 13.

While the language of section 108(c) appears relatively straight-forward, it can be a trap for those unfamiliar with the provision. The most common example of section 108(c)’s applicability is when a statute of limitations expires while a debtor is in bankruptcy. Because of the automatic stay, the civil action cannot be commenced. However, section 108(c) extends the period to bring the action until 30 days after the stay is lifted, usually via court order or because the bankruptcy is dismissed. Many, unfamiliar with section 108(c), wrongly assume that a bankruptcy case tolls any applicable statute of limitations. This is incorrect. Under section 108(c), if the statute of limitations ran while the bankruptcy case was pending, then a creditor has only 30 days to bring its claim once the stay is lifted. This is true regardless of how long the creditor was “stayed” by virtue of the bankruptcy filing.

Similarly, the deadline is not tolled if it expires after the automatic stay has been lifted. Rather, a creditor has until the expiration of the deadline itself, unless such deadline expires less than 30 days after the lifting of the stay, in which case the 30-day extension of sub-section (2) applies. Put another way, a creditor gets the longer of the expiration of the statute of limitations or the 30-day extension.

Most Chapter 7 bankruptcies proceed swiftly to a discharge providing a creditor with certainty about the effect on its claim. In those cases, the creditor’s claim is likely lost and any applicable statute of limitations becomes moot. Many Chapter 13 bankruptcies, however, are active for several years before eventually getting discharged or dismissed. If dismissed, pre-petition creditors once again have the ability to try to enforce their claims through collection or litigation. But, they must act swiftly if the deadline to act ran while the bankruptcy was pending.

If you represent creditors, make sure to properly advise your client about any applicable statute of limitations and the effect thereon of section 108(c). Failure to do so could result in your client losing its right to collect on its claim.

April 26th, 2018

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Stephanie Webb has joined Radix Law, 15205 N. Kierland Blvd. in Scottsdale, as an associate attorney. Her practice focuses on complex commercial litigation and bankruptcy law.

January 22nd, 2018

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Phoenix, Arizona –Stephanie Webb has joined Radix Law as an associate attorney. Her practice focuses on complex commercial litigation and bankruptcy law. Her experience includes multiple jury trials, as well as bench trials and motion practice in Superior Court, Federal Court and Bankruptcy Court.

Prior to this role, Webb was an attorney with the law firm of Hammerman & Hultgren, P.C. in Phoenix.  Before entering private practice she served as a judicial law clerk to Honorable G. Michael Halfenger and Honorable James E. Shapiro of the Eastern District of Wisconsin Bankruptcy Court.

“Stephanie’s experience and knowledge of commercial and bankruptcy law will be a great asset for our clients, and we are thrilled to welcome her to our growing team,” said Jonathan Frutkin, Principal Attorney at Radix Law.

“Radix Law is dedicated to providing the best possible advocacy for their clients, and I look forward to being part of such a strong legacy,” said Webb.

A Chicago native, Webb earned her Juris Doctor from the University of Illinois College of Law in 2009 where she was a National Finalist and Editor of the Conrad B. Duberstein Bankruptcy Moot Court and her Bachelor’s Degree in Economics from Miami University in 2005.

Webb is an active member of the Maricopa County Bar Association where she served as Secretary and Treasurer of the Bankruptcy Section for the 2017 term. She is a frequent volunteer at the VLP’s Financial Distress Clinic as well as the Disabled American Veterans’ Pro Bono Clinic.

Radix Law now has more than a dozen attorneys specializing in the law of Business, Real Estate, Commercial Litigation, Bankruptcy, and Estate Planning.

January 19th, 2018

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January 5th, 2018

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