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
• Real Estate Law
• Business Law
• Estate Planning
• Bankruptcy
• Family Law
• 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.

Q. we filed bankruptcy and wanted to keep our car, we filled out a motion to reaffirm the debt with the court but the

6 March 2018

A: As long as you received your bankruptcy discharge, the vehicle lender was notified of the bankruptcy, and the reaffirmation agreement was not approved by the Court, then the vehicle lender should not be able to continue collection efforts from you. Since there are several details to look at, I suggest reaching back out to the attorney that assisted you in the bankruptcy to let them know and confirm with them that the lender should not be collecting from you.

Q. We filed chapter 7 recently, we sold a home a little over 3years ago, will the trustee give us a hard time?

5 March 2018

A: The Trustee is looking into real estate transactions to find out if there are any funds available for your creditors from the sale. He/she will probably want to know what the proceeds from the sale were and how/when they were spent. Since your sale was four years ago, you probably won't have any problems or too much inquiry, unless any proceeds were recently spent. If that is the case, you should speak with an attorney to assist you in dealing with the trustee.

Q. I'm been in chapter13 for 2.5 years. My VA disability went up. In AZ do I need to report it? It's been 6 months.

2 March 2018

A: All income sources must be reported in bankruptcy, even if they are considered to be non-current monthly income. A federal exemption provides the debtor with the right to receive a veteran's benefit, but this exemption does not eliminate the debtor's obligation to report it for income and means testing purposes. If you included the payments as income on your original filing, and are only concerned about the recent increase, then it probably depends on how much of an increase occurred. Most case trustees are not concerned about minimal or cost of living increases to pay. The best course of action is to either speak with an attorney to assist you, or contact the case trustee to find out if they will require you to amend your petition for the increase in income.

Q. I live in Arizona. I filed Chapter 13, lost a job, and have had difficulty. Can I seek employment in another state?

8 February 2018

A: Typically, you are able to seek employment in another state and move to the other state during a bankruptcy, but you are required to stay current on your plan payments and keep the Court and the Trustee updated as to your home address and change in circumstances. You should also speak with an attorney to determine whether you might be eligible to convert your Chapter 13 to a Chapter 7 bankruptcy, due to your change in income.

Q. We filed for CH 13 in August, my wifes mom just passed and left an inheritance, what do we do?

2 February 2018

A: Since it sounds like your wife's mother died within 180 days of your bankruptcy filing, the inheritance is likely property of the bankruptcy estate and required to be paid over to your Trustee for the benefit of your creditors. To avoid any accusations of fraud or concealment, you should contact your Trustee immediately, or your attorney if you have one. If you do not have an attorney, you may want to seek the advice of a knowledgeable bankruptcy attorney that can discuss your options with you.

Q. How do you know whether chapter 7 or chapter 13 applies to your case?

1 February 2018

A: There are numerous factors that should be analyzed in determining whether you should file a Chapter 7 or a Chapter 13 bankruptcy. Most people will file a Chapter 7 bankruptcy, as long as they qualify for it. However, there may be situations where even if you qualify for a Chapter 7 bankruptcy, a Chapter 13 will provide more benefit. A Chapter 13 bankruptcy might be a good option for someone that doesn't qualify for a Chapter 7 bankruptcy because their income is too high or because they have non-exempt assets. Another reason someone might file a Chapter 13 bankruptcy instead of a Chapter 7 bankruptcy is because they have mortgage arrears; a Chapter 13 plan will allow them to reorganize their debt to get caught up and typically keep their home. It is important that you speak with a knowledgeable bankruptcy attorney to determine which Chapter best suits your situation.