Mallory Powers

Mallory is originally from northern California, but fell in love with the Arizona sun and palm trees while attending the University of Arizona in Tucson, Arizona. She graduated with a Bachelor of Science degree in Public Administration in 2005 and became a Wildcat for life!

Mallory moved to Scottsdale shortly after graduation and became a legal assistant at a civil litigation and bankruptcy law firm in Phoenix. After learning what it was like to work with experienced attorneys, Mallory decided to become an attorney herself. She attended the Phoenix School of Law and obtained her Juris Doctorate degree in 2010. Since law school, Mallory has practiced in the areas of civil litigation, bankruptcy, real estate, probate, estate planning and family law.

In her free time, Mallory enjoys a round of golf at any of the beautiful courses Arizona offers and continues to play weekly softball games with her team of over 10 years.

Probate

Probate Administration, Probate Litigation, Will Contests

Real Estate Law

Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Estate Planning

Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

Bankruptcy

Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief

Family Law

Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law

Divorce

Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce

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Arizona

Since 2013

U.S. District Court, District of Arizona

Since 2013

Attorney

Platt & Westby

Current

Phoenix School of Law

J.D. (2010)

2010

University of Arizona

B.S. (2005)

2005

Arizona State Bar Association

Member

Current

Maricopa County Bar Association

Member

Current

Arizona Bankruptcy American Inn of Court

Member

2015 - 2018

Q. It’s court ordered I let him claim my son for taxes every other year. Will I get in trouble if I don’t sign form 8332?

25 April 2018

A: It is difficult to provide an answer without seeing the court order and knowing some more details. However, if your not signing the form 8332 would prohibit your child's father from taking the child as an exemption pursuant to a court order, then it is likely that he would be able to request that the Court compel you to sign the form, or to hold you in contempt of court for failure to follow the order. I suggest speaking with a knowledgeable family law attorney to assist you with your concerns about signing the relevant tax forms.

Q. I understand that the trustee will want my tax refund but I have arrears in child support in California

13 March 2018

A: As long as you don't receive the tax refund (money in hand) and it is directly sent to the State of California by the IRS or the Department of Revenue, then the Trustee should not ask you to turn over those funds. The Trustee could request the funds back from the State directly, but it is often not worth it for the Trustee to do so because domestic support obligations are a priority debt that would need to be paid with funds collected by the Trustee anyway.

Q. We filed bankruptcy in February 2018, filed our tax return after that, trustee is asking for 2016 and 2017 tax returns.

13 March 2018

A: If you filed your bankruptcy petition in 2018, the bankruptcy estate is only entitled to your 2017 tax refund, as long as your 2016 tax refund that you received in 2017 was already spent and it was spent on reasonable and necessary items. The trustee may ask you how your 2016 tax refund was spent to determine that you are not still holding on to the funds. Unfortunately, there is no exemption for tax refunds in Arizona.