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 | 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...
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 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 17, 2018 | Violations of Automatic Stay and Discharge Order
Tucson Bankruptcy Blog In 2015, in the case of In re Schwartz-Tallard, the Ninth Circuit Court of Appeals held that § 362(k) “authorizes an award of attorney’s fees incurred in prosecuting an action for damages” in cases where creditors violate the automatic stay....
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.