Jody Corrales

About Jody Corrales

JODY A. CORRALES is a Shareholder in the Tucson office. She focuses her practice on bankruptcy and creditors’ rights, as well as general civil litigation. Jody has extensive experience in bankruptcy law, including representation of creditors and debtors in all facets of Chapter 7, 11, 12 and 13 bankruptcy cases, including non-dischargeability litigation, valuation disputes, and contested plan confirmation proceedings. She is Board Certified in Consumer Bankruptcy Law by the American Board of Certification, an American Bar Association-accredited program. She is also certified as a Bankruptcy Specialist by the Arizona Board of Legal Specialization.

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Education

• Law School: U of Arizona

Common questions about Bankruptcy in Arizona

Answered by Arizona Attorney Search Network

Can student loans be discharged in bankruptcy?

Rarely. Federal student loans and most private student loans are non-dischargeable except by proving 'undue hardship' under 11 USC § 523(a)(8). Following the Department of Justice's 2022 guidance, undue-hardship adversary proceedings have become somewhat more accessible in cases of long-term inability to repay, but the bar remains high. Discharge of student debt typically requires a separate adversary proceeding within the bankruptcy case.

What is the means test for Chapter 7?

The means test under 11 USC § 707(b)(2) determines Chapter 7 eligibility. If the debtor's household income is at or below the Arizona median for their family size, they automatically qualify. If above the median, the means test calculates 'disposable income' by deducting allowed expenses; debtors with significant disposable income are presumed abusive and either denied Chapter 7 or pushed to Chapter 13.

Will I lose my house if I file for bankruptcy in Arizona?

Probably not. Arizona's homestead exemption under ARS § 33-1101 protects up to $400,000 of equity in a primary residence (increased from $250,000 in 2022 by Proposition 209). If your equity is below the cap and you stay current on the mortgage, you generally keep the home in Chapter 7. Chapter 13 can also be used to cure mortgage arrears over the plan period.

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