Arizona Bankruptcy Case Law – Tucson Law Center

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, however, an applicable exemption under Arizona Revised Statutes. Using federal exemptions, an inherited account is not exempt (See Clark v. Rameker 134 S.Ct. 2242, 189 L.Ed.2d 157 (2014)). Fortunately, 11 U.S.C. § […]

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 § 362(k) “authorizes an award of attorney’s fees incurred in prosecuting an action for damages” in cases where creditors violate the automatic stay. Under 11 U.S.C. § 362(a), among other […]

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