by Matthew Foley | Jan 12, 2019 | Arizona Bankruptcy Case Law, Arizona Bankruptcy Exemptions, Arizona Revised Statutes, Non-Exempt Assests
Tucson Bankruptcy Blog Inherited retirement accounts are difficult to exempt and the analysis is complex. There is, however, an applicable exemption under Arizona Revised Statutes. Using federal exemptions, an inherited account is not exempt (See Clark v. Rameker...
by Matthew Foley | Jan 10, 2019 | Arizona Bankruptcy Exemptions, Arizona Homestead, Home and Bankruptcy
Tucson Bankruptcy Blog Arizona has a friendly homestead exemption, which allows anyone over 18 years of age and who resides in Arizona, to protect up to $150,000 in equity (See A.R.S. §33-1101(A)(1)). If the homestead is sold, the resulting proceeds are also exempt...
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...
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. 
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