by Matthew Foley | May 31, 2019 | Arizona Bankruptcy Exemptions, Non-Exempt Assests
Tucson Bankruptcy Blog Pending transactions, such as checks and debits must be considered prior to filing the bankruptcy petition. This issue was addressed with In re Brubaker, 443 B.R. 176 (2011), when a debtor filed bankruptcy with a scheduled account balance...
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....
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 18, 2018 | Bankruptcy Trustee, Non-Exempt Assests
Tucson Bankruptcy Blog In the case of Shapiro v. Henson, 739 F. 3d 1198 (2014), the Ninth Circuit Court of Appeals held that a bankruptcy trustee’s power to compel turnover of estate property is NOT limited to entities having possession, custody, or control of such...