Statute
Bankruptcy Code
831 published works
SDNY Blog
Judge Rakoff: Madoff Trustee Cannot Recover Foreign Funds
In an opinion dated Sunday, July 6, Judge Rakoff ruled that the trustee administering Bernie Madoff’s defunct investment firm could not invoke the Bankruptcy Code to recover funds transferred between…
Southern California Bankruptcy Law Blog
Fraudulent Transfers V
This post is the fifth in a series in which I discuss fraudulent transfers. This one deals with the consequences of fraudulent transfers, and the importance of prebankruptcy planning. E. …
The Trusts & Estates Law Blog
U.S. Supreme Court Ruling Regarding Inherited IRAs Highlights the Benefits of IRA Trusts
Last Thursday, the United States Supreme Court ruled in Clark v. Rameker that funds held in inherited individual retirement accounts (IRAs) are not "retirement funds" for bankruptcy purposes. In October…
Nebraska Debt & Bankruptcy Blog
Supreme Court Ruling: Inherited IRA Accounts Not Protected
By Sam Turco
The United States Supreme Court has ruled that inherited Individual Retirement Accounts (IRAs) are not protected under federal exemption laws. Clark v. Ramekers, 573 U.S. ____ (2014). Even though inherited…
Texas Bankruptcy Blog
The Most Important Document in Chapter 7 Bankruptcy
By Bryan Fears
A Chapter 7 bankruptcy case is also called a “straight” bankruptcy. The idea is that the debtor does not have enough income to pay creditors over a reasonable period of…
Texas Bankruptcy Blog
When You Can’t Win the Game, Change the Rules
By Bryan Fears
The game of consumer finance is full OF rules. First, there are contracts between individuals and institutions that permeate our lives. Credit card companies, banks, mortgage lenders, finance companies, payday…
Texas Bankruptcy Blog
Problems with Hiding Property in Bankruptcy
By Bryan Fears
People do dumb things when under pressure. One of the dumbest things a person can do during the bankruptcy process is to conceal assets. The truth is that with proper…
Bankruptcy Report
Fourth Circuit Affirms Bank’s Good Faith Defense to Fraudulent Transfer Claim
The recipient of funds that a trustee seeks to recover by means of a fraudulent transfer claim may avoid liability by establishing that it took “for value and in good…
Delaware Bankruptcy Update
Capitol Infrastructure, LLC Preference Litigation
From April 22 - 24, 2014, Jeoffrey L. Burtch, Chapter 7 Trustee of the Capitol Infrastructure, LLC bankruptcy estates, filed approximately 71 complaints seeking to avoid and recover alleged preferential…
Bankruptcy Report
Safe Harbor Provisions Intact in Recent Seventh Circuit Decision
By Dustin Smith
Participants in the securities and futures markets rely on the Bankruptcy Code’s safe harbor provisions to protect their transactions and assets when a counter-party enters bankruptcy. Reliance on the safe…