by Matthew Foley | Jul 26, 2018 | Consumer Rights, Secured and Unsecured Claims, Violations of Automatic Stay and Discharge Order
Tucson Bankruptcy Blog In 2011, Arizona Governor Jan Brewer signed HB 2412 into law, amending A.R.S. § 12-548 and increasing the statute of limitations for credit card debt from three years to six years. According to the statute, credit card debt “must be...
by Matthew Foley | Jul 26, 2018 | Consumer Rights
Tucson Bankruptcy Blog The purpose of the Federal Fair Debt Collection Practices Act (FDCPA) is to “eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not...
by Matthew Foley | Jul 25, 2018 | Violations of Automatic Stay and Discharge Order
Tucson Bankruptcy Blog In the case of In re Chionis, the Bankruptcy Appellate Panel of the Ninth Circuit Court of Appeals held that a creditor’s stated subjective belief that “no-discharge” language in a loan excepts the loan debt from a bankruptcy discharge...
by Matthew Foley | Jul 25, 2018 | Arizona Bankruptcy Exemptions
Tucson Bankruptcy Blog Arizona is one of only eight states that provides specific bankruptcy protection for inherited IRA’s. A.R.S. § 33-1126(B) explicitly protects any money or assets payable to any participant or beneficiary in a retirement plan which meets...
by Matthew Foley | Jul 24, 2018 | Chapter 13 Case Law, Home and Bankruptcy
Tucson Bankruptcy Blog Case: Goudelock v. Sixty-01 Association of Apartment Owners, 16-35384 (9th Cir. July 10, 2018) The Ninth Circuit court recently made a great decision in favor of homeowners surrendering their property after filing bankruptcy, and the...