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Bankruptcy

Are Inherited IRA Accounts Exempt Retirement Funds?

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

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Bankruptcy

In re Nicholson: By Ed Hays

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

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Marshack Hays Wood Latest News
Bankruptcy

Re: Ahcom, Ltd. and Shaoxing – By Ed Hays

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

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Marshack Hays Wood Latest News
Bankruptcy

Re: 9th Circuit Schwarzkopf Opinion

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.

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