Tucson Bankruptcy Blog
Vehicle Exemptions – Business v. Personal Use
Vehicle Exemptions – Business v. Personal Use Under the Arizona bankruptcy exemptions, a vehicle used by the debtor primarily for business purposes, must be claimed
Undue Hardship Claims & The (Non-)Dischargeability of Student Loan Debt
Undue Hardship Claims & The (Non-)Dischargeability of Student Loan Debt Student Loan Disbursements Exempt from Bankruptcy Pursuant to 20 U.S.C. § 1095(d), student loans, grants,
Truth In Lending Act – Understanding Your Consumer Rights
Truth In Lending Act – Understanding Your Consumer Rights The Truth in Lending Act (TILA) was intended as a consumer protection against lenders lying or
Six Year Statute of Limitations for Collecting on Credit Card Debt
Six Year Statute of Limitations for Collecting on Credit Card Debt In 2011, Arizona Governor Jan Brewer signed HB 2412 into law, amending A.R.S. §
Selling a Home During an “Open Bankruptcy” and Protecting the Proceeds in Arizona
Selling a Home During an “Open Bankruptcy” and Protecting the Proceeds in Arizona Arizona has a friendly homestead exemption, which allows anyone over 18 years
Private Disability Benefits Must be Included in CMI Calculation for Statutory Means Test
Private Disability Benefits Must be Included in CMI Calculation for Statutory Means Test In Blausey v. U.S. Trustee (2009), the Ninth Circuit Court of Appeals held that
Inherited IRAs are Explicitly Protected Under Arizona Law
Inherited IRAs are Explicitly Protected Under Arizona Law Arizona is one of only eight states that provides specific bankruptcy protection for inherited IRA’s. A.R.S. §
Filing Bankruptcy in Arizona with Checks Still Pending
Filing Bankruptcy in Arizona with Checks Still Pending Pending transactions, such as checks and debits must be considered prior to filing the bankruptcy petition. This
Fair Debt Collection Practices Act (FDCPA) – Understanding Your Rights
Fair Debt Collection Practices Act (FDCPA) – Understanding Your Rights The purpose of the Federal Fair Debt Collection Practices Act (FDCPA) is to “eliminate abusive
Creditors Do Not Have PMSI in Car Loan Portion Related to Negative Equity
Creditors Do Not Have PMSI in Car Loan Portion Related to Negative Equity The Ninth Circuit Court of Appeals found that a creditor does not
Creditor Behavior found Objectively Coercive: Refusal to Release Title or Pickup Vehicle
Creditor Behavior found Objectively Coercive: Refusal to Release Title or Pickup Vehicle In Pratt v. GMAC, 462 F. 3d 14 (1st Cir., 2006), debtors intended to
Collecting on Contempt – Contempt Order for Violation of Stay is Sanctions order, not mere Money Judgement
Collecting on Contempt – Contempt Order for Violation of Stay is Sanctions order, not mere Money Judgement In the 2013 case of In re Wallace, the
BAP Uses Hatton II Version of Beard Test to Determine Dischargeability of Untimely Filed Tax Returns
BAP Uses Hatton II Version of Beard Test to Determine Dischargeability of Untimely Filed Tax Returns The BAP for the Ninth Circuit held that the
Bankruptcy Trustee Turnover Power is Not Limited to Property In Possession at Time of Turnover Motion
Bankruptcy Trustee Turnover Power is Not Limited to Property In Possession at Time of Turnover Motion In the case of Shapiro v. Henson, 739 F. 3d 1198 (2014), the
Arizona Supreme Court provides clarification on Statute of Limitations on a Collection Lawsuit
Arizona Supreme Court provides clarification on Statute of Limitations on a Collection Lawsuit Arizona Supreme Court provides clarification on Statute of Limitations on a Collection
An Inherited Retirement Account Can Be Exempted in an Arizona Bankruptcy
An Inherited Retirement Account Can Be Exempted in an Arizona Bankruptcy Inherited retirement accounts are difficult to exempt and the analysis is complex. There is,
A Chapter 13 Bankruptcy Discharges Post-Filing HOA Fees
A Chapter 13 Bankruptcy Discharges Post-Filing HOA Fees Case: Goudelock v. Sixty-01 Association of Apartment Owners, 16-35384 (9th Cir. July 10, 2018) The Ninth Circuit
401(k) Contributions in a Chapter 13 Plan are Disallowed in Calculation of Disposable Income
401(k) Contributions in a Chapter 13 Plan are Disallowed in Calculation of Disposable Income In the case of In re Parks, the Bankruptcy Appellate Panel for
$20,000 Death Benefit Exemption, Trustee’s Rights to CSV of Life Insurance Policy and Inability to Designate a Beneficiary
$20,000 Death Benefit Exemption, Trustee’s Rights to CSV of Life Insurance Policy and Inability to Designate a Beneficiary Under the Arizona bankruptcy exemptions, debtors are
“No-Discharge” Language in Loan is Not Enforceable
“No-Discharge” Language in Loan is Not Enforceable In the case of In re Chionis, the Bankruptcy Appellate Panel of the Ninth Circuit Court of Appeals held
Available Damages for Willful Violation of Automatic Stay
Available Damages for Willful Violation of Automatic Stay In 2015, in the case of In re Schwartz-Tallard, the Ninth Circuit Court of Appeals held that