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 | 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 | 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 18, 2018 | Secured and Unsecured Claims, Vehicle Issues
Tucson Bankruptcy Blog The Ninth Circuit Court of Appeals found that a creditor does not have a purchase money security interest (PMSI) in the portion of the debtor’s car loan related to negative equity of a vehicle traded in at the time of a new vehicle purchase;...