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...
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...
by Matthew Foley | Jul 26, 2018 | Secured and Unsecured Claims, Tax Debt
Tucson Bankruptcy Blog The BAP for the Ninth Circuit held that the proper determination of the dischargeability of tax debt related to untimely filed tax returns is not limited to a narrow, exclusively objective analysis of the form and content of the tax returns;...
by Matthew Foley | Jul 26, 2018 | Violations of Automatic Stay and Discharge Order
Tucson Bankruptcy Blog In the 2013 case of In re Wallace, the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals held that a contempt order for violation of automatic stay entered by the Bankruptcy Court constituted a sanctions order to be paid...
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.