by Matthew Foley | Dec 9, 2018 | Collection Lawsuits, Consumer Rights
Tucson Bankruptcy Blog Arizona Supreme Court provides clarification on Statute of Limitations on a Collection Lawsuit. Mertola v. Santos: S.Ct. of AZ Arizona statutes allow a debt collector six years to file suit on an outstanding debt (See A.R.S. Section...
by Matthew Foley | Jul 26, 2018 | Secured and Unsecured Claims, Student Loan Debt
Tucson Bankruptcy Blog Student Loan Disbursements Exempt from Bankruptcy Pursuant to 20 U.S.C. § 1095(d), student loans, grants, and work awards cannot be taken, via garnishment, attachment, or otherwise, by creditors to satisfy any debts owed by the student. While...
by Matthew Foley | Jul 26, 2018 | Violations of Automatic Stay and Discharge Order
Tucson Bankruptcy Blog In Pratt v. GMAC, 462 F. 3d 14 (1st Cir., 2006), debtors intended to surrender their vehicle by ceding possession rather than reaffirming the debt. The creditor wrote off the balance because the value of the vehicle was less than the costs of...
by Matthew Foley | Jul 26, 2018 | Arizona Bankruptcy Exemptions, Bankruptcy Trustee, Non-Exempt Assests
Tucson Bankruptcy Blog Under the Arizona bankruptcy exemptions, debtors are entitled to “all money received by or payable to a surviving spouse or child on the life of a deceased spouse, parent or legal guardian, not exceeding twenty thousand dollars.” A.R.S. §...
by Matthew Foley | Jul 26, 2018 | Consumer Rights
Tucson Bankruptcy Blog The Truth in Lending Act (TILA) was intended as a consumer protection against lenders lying or otherwise altering agreed upon terms. TILA requires lenders to fully disclose the terms of the credit being offered including full transparency...
Matthew Foley is a Tucson attorney who is uniquely qualified in bankruptcy and debt settlement matters because of his extensive financial background in lending and credit. Matt holds dual JD & MBA degrees from Arizona State University’s Sandra Day O’Conner College of Law and nationally recognized W.P. Carey College of Business.