Law & Order - Times Daily

Colbert County sheriff

John Louis Carroll, 44, 101 Blake St., Muscle Shoals; unlawful possession of a controlled substance.

Holland Noah Elkins, 19, 328 Rivermont Road, Florence; second-degree burglary.

Lauderdale Drug Task Force

Robert Russell Taylor, 42, 157 N. Forest Drive, Florence; unlawful possession of a controlled substance and unlawful possession of drug paraphernalia.

Marcus Roy Oakley, 41, 826 Aqua Vista Drive, Killen; first-degree possession of marijuana, unlawful possession of drug paraphernalia and certain persons prohibited from possessing a firearm.

REPORTS

Sheffield police

A box of snack cakes was taken from a business in the 400 block of South Montgomery Avenue.

A residence was damaged in the 700 block of South Nashville Avenue.

A CD player was taken from a truck parked at a business on Nathan Boulevard.

Four pool tables, a change machine, two pool cue racks and a computer were taken from a building in the 600 block of South Montgomery Avenue.

The Arizona Homestead Exemption in and out of Bankruptcy Law

Because Arizona is an "opt-out" state, a debtor who files a Chapter 7 or Chapter 13 or Chapter 11 bankruptcy petition in Arizona is limited to the use of the Arizona Homestead Exemption, rather than the Federal Homestead Exemption located at 11 USC 522.

Frankly, that's good news. Because the Federal Homestead Exemption is miserly in the extreme and might permit you to exempt the equity in a doghouse. If it was a small doghouse.

The Arizona Homestead Exemption comes in at $150,000 equity in a house that's your principal residence (or other sorts of homestead). If you happen to own a bare piece of dirt worth $150,000 and you live in an apartment on the day you file a Chapter 7 bankruptcy, tough tomatoes! You won't be able to effectively claim an exemption under the Arizona Homestead Act on the bare dirt, and the bankruptcy trustee in the Chapter 7 case will be a very happy person.

The Arizona Homestead Exemption is located here:

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/01101.htm&Title=33&DocType=ARS

The text of the statute (and it changes over time, so don't rely on my posting here for anything but the beginning of your educational process):

33-1101. Homestead exemptions; persons entitled to hold homesteads

A. Any person the age of eighteen or over, married or single, who resides within the state may hold as a homestead exempt from attachment, execution and forced sale, not exceeding one hundred fifty thousand dollars in value, any one of the following:

1. The person's interest in real property in one compact body upon which exists a dwelling house in which the person resides.

2. The person's interest in one condominium or cooperative in which the person resides.

3. A mobile home in which the person resides.

4. A mobile home in which the person resides plus the land upon which that mobile home is located.

...

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