Do inherited IRAs constitute “retirement funds” that may be exempted from a bankruptcy estate? This issue causes some consternation among bankruptcy trustees when debtors assert exemption claims on money they receive as an inheritance—money that they did not set aside
By Ed Hays: When a debtor re-files a bankruptcy petition within a year of dismissal, §362(c)(3)(A) ((Unless stated otherwise, all section references are to the Bankruptcy Code, 11 U.S.C. §§101-1330.)) provides that the automatic stay “shall terminate with respect to
By Ed Hays: Trustee’s often face a procedural quagmire where debtors fail to accurately list or value assets and then seek to amend schedules and claims of exemption. Yet the Ninth Circuit BAP recently provided solace to trustees and creditors
By Richard Marshack: In a prior post, I began a review of when beneficial interests under spendthrift trusts may be reached as property of the estate in the Ninth Circuit. Today I’ll look more closely at the decisions in In
By Richard Marshack: Spendthrift Trusts that benefit debtors can raise tricky issues for bankruptcy lawyers and trustees, especially in California where spendthrift protection for beneficiaries is limited to 75% of the payments they would receive, leaving 25% available for recovery
By Ed Hays: The recent Ninth Circuit case of Ahcom, Ltd. v. Hendrik Smeding, et al., (9th Cir. 2010) 623 F.3d 1248, surprised many bankruptcy lawyers with its holding that a chapter 11 trustee of a corporation does not own
By Richard Marshack and Ed Hays The recent 9th Circuit Schwarzkopf opinion ((Robert L. Goodrich v. Juan Briones (In Re: Alexis Hill Schwarzkopf), No. 08-56974, (Nov. 23, 2010, 9th Cir); 2010 U.S. App. LEXIS 24046.)) reads a little like a
We are pleased to congratulate Cynthia Conners on her election to the position of Mayor Pro Tem, City of Laguna Woods. She is a busy associate attorney at our firm and brings over twenty-seven years of experience to her practice
We see the big picture! The attorneys at Marshack Hays Wood are well-versed in protecting creditors and their rights both before and after a bankruptcy case is filed.
