U.S. Supreme Court Rules ‘Actual Fraud’ Exception to Discharge Includes Fraudulent Transfer Schemes
Copyright: bbourdages / 123RF Stock Photo ... Read full article
Copyright: bbourdages / 123RF Stock Photo ... Read full article
Bitcoin – currency, the equivalent of U.S. dollars, or a commodity more similar to a product or stock? ... Read full article
There are several provisions that address transfers before a bankruptcy case - federal bankruptcy statutes, state statutes, and state common law. ... Read full article
From April 24 to 27, 2015, Charles A. Stanziale, Jr., as the Chapter 7 Trustee of CPI Corp., et al ., filed preference complaints seeking to avoid and recover alleged preferential transfers pursuant to Sections 547 and 550 of the Bankruptcy Code, and to ... Read full article
An Maryland attorney wrote me an email about his representation of a person who received what was determined to be the fraudulent transfer of a piece of real property. His client had spent money maintaining and repairing the property. The attorney wanted ... Read full article
People who receive money from Ponzi schemes usually have to return the money if the Ponzi organizer filed bankruptcy. The bankruptcy trustee typically pursues recipients of Ponzi profits as transferees of fraudulent transfers made by the Ponzi organizer. ... Read full article
An Maryland attorney wrote me an email about his representation of a person who received what was determined to be the fraudulent transfer of a piece of real property. His client had spent money maintaining and repairing the property. The attorney wanted ... Read full article
People who receive money from Ponzi schemes usually have to return the money if the Ponzi organizer filed bankruptcy. The bankruptcy trustee typically pursues recipients of Ponzi profits as transferees of fraudulent transfers made by the Ponzi organizer. ... Read full article
Bankruptcy Lawyer - Chapter 13 Bankruptcy Lawyer Jordan E. Bublick has an office in Miami and has over 25 years of experience in filing chapter 13 and chapter 7 bankruptcy cases. His office is located in Miami at 1221 Brickell Ave., 9th Fl., Miami and may ... Read full article
Sometimes a creditor with a cause of action against a corporation will try to “pierce the veil” of the corporation to hold liable the owners of the company if the creditor believes the owners have significant assets. There is a different concept called ... Read full article
In a 28 page opinion, Judge Sacca of the Northern District of Georgia held that Bankruptcy Courts have jurisdiction to enter final orders in some cases involving fraudulent transfer claims. Mitchell v. Banks, Adv. Proc. No. 12-0562, 2013 Bankr. LEXIS 2384 ... Read full article
People who receive distributions of money from Ponzi schemes usually are expected to return the money to a trustee who takes over the operation when the Ponzi organizer files bankruptcy. The trustee usually attempts to “claw back” money distributed to the ... Read full article
Within two weeks of filing Chapter 7 bankruptcy these debtors took $12,000 of non-exempt cash from an insurance policy and used the money to fund exempt IRAs . ... Read full article
One of the defenses to a fraudulent transfer action is that the debtor’s transfer in question was for “reasonably equivalent value.” The general rule is that a transfer to repay a loan is a transfer for value because the transferor receives a deduction in ... Read full article
I read an article in Forbes online which discusses a bankruptcy case that set aside several fraudulent transfers. The case illustrates why debtors with asset should avoid filing bankruptcy. ... Read full article
Bankruptcy debtors use their $4,000 wildcard exemptions most often to protect cars. The debtor can apply the wildcard only to cars in the debtor's name. For example, if a married couple is considering Chapter 7 bankruptcy and both of the ... Read full article
The Associated Press reports that former baseball star Lenny & ... Read full article