Keeping the Wolves from the Door: How Effective Are Third-Party and Self-Settled Trusts in Protecting a Beneficiary’s Interest in a Trust from Creditors’ Claims and the Reach of the Bankruptcy Trustee? In just a few days, on October 27, 2011,
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
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 the debtor” thirty
In re Nicholson: Preponderance of Evidence Will Get Exemption Claim Denied When Filed in Bad Faith 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
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 re Spencer ((306
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 a bankruptcy
Ahcom, Ltd. and Shaoxing – The Race To Dismember Corporate Principals Begins 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
The 9th Circuit Allows Bankruptcy Trustee To Reach Assets Held In Two Weathered Trusts 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.
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
At Marshack Hays Wood, our attorneys provide the legal support you need to move forward with confidence. Let us help you take the first step toward financial stability.
