Bankruptcy Information

Matthew Foley

Matthew Foley

Esq. & MBA

Contact a Friendly Attorney

We are affordable, exceptionally knowledgeable, and nice! You’ll love our office.

Call: (520) 795-5600

CLIENT TESTIMONIALS:

Excellent

Mr. Foley handled my chapter 7. After my first meeting with him I instantly felt better about the whole thing. I was stressed about my finances and felt guilty for even considering a bankruptcy. I felt like a total failure. Mr. Foley was able to help me see that it was the right business decision and was also able to help me by pointing me to resources for a redemption loan on my vehicle. If you are considering a bankruptcy attorney, I would recommend you consult with Mr. Foley.

Client #1
July 18, 2017

CLIENT TESTIMONIALS:

Your Excellent Choice

Matt and his team rock !!!!!!!!
They took the stress and worries out of the whole process and made it smooth and stress free. He and his staff are caring, knowledgeable, very organized, honest and affordable. They responded quickly to any questions or concerns I had.

I would highly recommend Matt and his team to anyone who needs a bankruptcy…… Thank you so much

Karina
July 13, 2017

CLIENT TESTIMONIALS:

Very helpful even though not client (yet)

Matthew represented us at a Trustee meeting when our Phoenix attorney could not be present. He was knowledgeable and helpful. In addition, when my existing attorney became “disengaged”, we contacted Matt and he spent a lot of time helping us understand some issues we were having. He was supportive, helpful, and gave excellent advice even though we were not his clients. I highly recommend him and he will be my first call for any future legal issues.

Doug
May 23, 2017

CLIENT TESTIMONIALS:

Caught in a Bind

I was in a real bind and not knowing the law, I contacted the best reviewed bankruptcy lawyer in town. After the consultation I left feeling better about my situation with a much better understanding of the law. The man knows his stuff and is very knowledgeable. I hired him and he did an amazing job. I literally did nothing but answer questions in an honest manor. The staff is a collection of incredible people, who are kind and very nice and understanding towards your situation. Thank you so so much for everything and would recommend the heck out of this gentlemen. Awesome experience.

Jesus
March 6, 2017

CLIENT TESTIMONIALS:

Truly Awesome

Matt and his team rock!!! They took the stress and worries out of the whole process and made it smooth and stress free. He and his staff are caring, knowledgeable, very organized, honest and affordable. They responded quickly to any questions or concerns I had. I would highly recommend Matt and his team to anyone who needs a bankruptcy or debt settlement attorney.

Teresa
October 21, 2016

Arizona Bankruptcy Property Exemptions

Can I Keep My Assets if I File Bankruptcy?

Many people mistakenly believe that if they file for bankruptcy they will lose all of their assets. This is incredibly inaccurate and would defeat the purposes of filing bankruptcy.  Arizona law provides exemptions for your personal property and real estate. This means that many of your belongings are off limits to your creditors. Some exemptions are unlimited. Other exemptions have monetary limits.

If you have lived in Arizona for two years prior to filing for bankruptcy, these exemptions apply to you:

  • Equity in your home — $150,000
  • Equity in your Car — $6,000
  • Cash on hand or in your checking account — $300.00
  • Retirement Accounts – most are unlimited
  • Pensions – most are unlimited
  • Unemployment Compensation – unlimited
  • Worker’s compensation – unlimited

 

Chapter 7 Bankruptcy Exemptions

In a Chapter 7 liquidation bankruptcy, a trustee is appointed to oversee your case. The trustee may legally sell your property to pay your creditors. Under Arizona law, you are protected from losing much of your personal property by claiming the allowable exemptions.

 

Maximizing Your Arizona State Exemptions

An experienced Tucson bankruptcy attorney at the Law Offices of Matthew T. Foley, PLC, can meet with you during a free consultation and review your economic situation. He can tell you which Arizona bankruptcy property exemptions apply to you. He will maximize the exemptions to protect your assets in a Chapter 7 or Chapter 13 bankruptcy.

The Petition provides a Schedule C, which allows the debtor to “exempt” specific property as allowable by state and federal law, which includes bankruptcy and non-bankruptcy statutes (11 U.S.C. § 522(b)). Arizona is an “opt out” state, which means that an Arizona resident that has lived here for the greater part of 180 days prior to filing must use Arizona’s exemptions (A.R.S. § 33-1126, et seq.). A debtor should consult an experienced attorney to determine the proper exemptions and how best to take advantage of them. If an exemption is not used or incorrectly applied, it can be waived or overruled upon an objection.

 

Non-Exempt Assets

A debtor’s property is either exempt (i.e. protected), excluded from the estate (i.e. not part of bankruptcy estate), or non-exempt (i.e. unprotected).  The bankruptcy estate is broadly defined under § 541(a) and is enhanced with a trustee’s unique ability to avoid liens, recover payments, and undo certain transfers.  Other property is excluded from the bankruptcy estate via §541(b).  Finally, property is exempted via state and federal law, and the applicable exemption may vary depending upon length of residency in Arizona.

The trustee has the option to pursue property that is neither exempt nor excluded.  If the value of the non-exempt property reaches a particular threshold, for example $800, a trustee will then decide to take the property and use it to help repay scheduled creditors.  Each trustee has a minimum threshold of how much money justifies administering an “asset” case.  (see Closing Case).  The most common non-exempt assets include too much equity in a vehicle and tax refunds, as well as, whole life insurance policies and annuities that fail to meet the exemption requirements under Arizona’s statues.