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 issue was addressed with In re Brubaker, 443 B.R. 176 (2011), when a debtor filed bankruptcy with a scheduled account balance of $513, when in fact the actual account balance was […]

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 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 property […]

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. § […]