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...
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;...
by Matthew Foley | Jul 18, 2018 | Income and Means Test
Tucson Bankruptcy Blog In Blausey v. U.S. Trustee (2009), the Ninth Circuit Court of Appeals held that the debtor was required to include her private disability insurance benefits in the calculation of Current Monthly Income (CMI), and that a subsequent inclusion of...
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. 