My question involves court procedures for the state of: AZ
This involves an insurance co that indemnified a homeowners assoc. A friend got an adverse judgment in favor of some named parties in his HOA--only atty's fees, no monetary judgment other than that. The judgment was recorded in the name of the insuring company, apparently subrogating the parties. Second lawsuit brought in the name of the company this time for fraudulent transfer (wrongfully), they got a default judgment in that company name, but further on in the case name changed to a subsidiary company who was not the original insurer. Two years later (FT case is still unsettled), my friend files for bankruptcy, but appearances are filed in the name of BOTH companies by orig atty, and then by bankruptcy specialist his firm hires. Judge now states that my friend has two creditors, because appearances were filed in the name of both companies instead of just the original one.
Friend had done some original research that indicated first company might not have had legal right to litigate in AZ... so my question is what is the law regarding right of an out of state corp to litigate in AZ, if any? Company is not incorporated in AZ, only has a license to do business there. On invoices (other atty had to produce them for proof of claim) there were several days spent on researching the caption issue and it's possible effect on the original judgment. One entry was “legal research re arguments to purported error by defendants in caption re Company A v Company B”. (Of course, those weren't the names, lol). Then among several others on the same subject was this with specific rule references: "legal research re Rule 60(a) and (b), 61 and art. 6 sec 27 re response to defendants argument based upon erroneous name in caption". Also more questions regarding subrogation under the law of the state the company's incorporated in were researched according to the invoices.