by Matthew Foley | May 31, 2019 | Arizona Bankruptcy Exemptions, Non-Exempt Assests
Tucson Bankruptcy Blog 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...
by Matthew Foley | Jan 12, 2019 | Arizona Bankruptcy Case Law, Arizona Bankruptcy Exemptions, Arizona Revised Statutes, Non-Exempt Assests
Tucson Bankruptcy Blog 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....
by Matthew Foley | Jan 10, 2019 | Arizona Bankruptcy Exemptions, Arizona Homestead, Home and Bankruptcy
Tucson Bankruptcy Blog Arizona has a friendly homestead exemption, which allows anyone over 18 years of age and who resides in Arizona, to protect up to $150,000 in equity (See A.R.S. §33-1101(A)(1)). If the homestead is sold, the resulting proceeds are also...
by Matthew Foley | Jul 26, 2018 | Arizona Bankruptcy Exemptions, Bankruptcy Trustee, Non-Exempt Assests
Tucson Bankruptcy Blog Under the Arizona bankruptcy exemptions, debtors are entitled to “all money received by or payable to a surviving spouse or child on the life of a deceased spouse, parent or legal guardian, not exceeding twenty thousand dollars.” A.R.S. §...
by Matthew Foley | Jul 25, 2018 | Arizona Bankruptcy Exemptions
Tucson Bankruptcy Blog Arizona is one of only eight states that provides specific bankruptcy protection for inherited IRA’s. A.R.S. § 33-1126(B) explicitly protects any money or assets payable to any participant or beneficiary in a retirement plan which meets...
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. 