Mallory Powers

Mallory Powers

  • Probate, Real Estate Law, Business Law ...
  • Arizona
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Biography

Mallory’s areas of practice include civil disputes and litigation involving real estate and other contractual transactions, estate planning, probate litigation, bankruptcy and family law. She represents clients in all aspects of their legal matter, from the initial claim or defense through litigation and trial where necessary. Mallory also understands that retaining the services of an attorney is a difficult and unsettling decision for most people, and therefore attempts to resolve disputes without expanding litigation, in a prudent and cost-effective manner where practicable.

Mallory obtained a Bachelor of Science degree in Public Administration from the University of Arizona and her Juris Doctorate degree from the Phoenix School of Law. As part of her practice of law, Mallory has made efforts to give back to the community by participating with the Arizona Community Legal Services programs, as well as State Bar of Arizona Veteran’s Legal Clinic. Mallory also tries to stay involved with the Arizona legal community as time allows. She has previously been a member of the Arizona Bankruptcy American Inn of Court, where she became a 2016 Arizona State Bar Convention presenter.

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.

Education
Phoenix School of Law
J.D. (2010)
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University of Arizona
B.S. (2005)
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Professional Associations
Arizona State Bar Association
Member
Current
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Maricopa County Bar Association
Member
Current
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Arizona Bankruptcy American Inn of Court
Member
-
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Jurisdictions Admitted to Practice
Arizona
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U.S. District Court, District of Arizona
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Fees
  • Free Consultation
  • Credit Cards Accepted
    Accept Visa and MasterCard.
Practice Areas
    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 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
Languages
  • English: Spoken, Written
Legal Answers
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?
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
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.
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.
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Contact & Map
Phoenix, AZ, USA