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Read Family Law updates, news, and legal commentary from leading lawyers and law firms:

Trust Protectors, Trust Directors, and the Uniform Directed Trust Act

by Charles E. Rounds, Jr. on

The Uniform Directed Trust Act (the “Act”), approved July 19, 2017 by the National Conference of Commissioners on Uniform State Laws, purports to govern irrevocable directed trusts. For purposes of the Act a directed trust is...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: - AC38945 - Shook v. Bartholomew - AC38945 - Shook v. Eastern Connecticut Health Network, Inc. Defendants could not appeal plaintiff’s verdict in this motor vehicle accident...more

The Supreme Court - May 15, 2017

by Dorsey & Whitney LLP on

Midland Funding, LLC v. Johnson, No. 16-348: Respondent Aleida Johnson filed for Chapter 13 bankruptcy in the Southern District of Alabama. Petitioner Midland Funding then filed a “proof of claim” in the Bankruptcy Court,...more

2016 Guidance from the North Carolina Court of Appeals on Attorney-Client Privilege Issues

by Ward and Smith, P.A. on

In civil litigation, parties frequently communicate with consultants, tax advisors, friends, family, and others concerning the subject matter of the litigation, and such communications raise issues regarding the possible...more

Wealth Management Update - September 2016

by Proskauer Rose LLP on

September Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The September § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs...more

Debtor May Still Claim Homestead Exemption Even If He Was Kicked Out

by PretiFlaherty on

The bankruptcy court for the Eastern District of New York found that a debtor who was ordered to vacate his home could still claim an exemption in the property. In a divorce proceeding several months prior to the bankruptcy...more

Protect Yourself by Learning About Your Family’s Finances

by Miles & Stockbridge P.C. on

All too often, clients enter the divorce process with little or no knowledge about the family’s bank and investment accounts, stocks, retirement assets, ownership of real property, and debt. If you recognize that you and your...more

Supreme Court's Four-to-Four Decision in Hawkins v. Community Bank of Raymore Leaves Open Question About Application of Equal...

by Baker Donelson on

In its first evenly split vote since the death of Justice Scalia, the U.S. Supreme Court last week affirmed an Eighth Circuit Court of Appeals ruling in Hawkins v. Community Bank of Raymore that spouses who guarantee...more

Court Upholds Foreclosure on Taxpayer’s Primary Residence in Satisfaction of Federal Tax Lien

by Miles & Stockbridge P.C. on

In United States v. Smith, 117 AFTR 2d 2016-XXXX (February 8, 2016), the U.S. District Court for the Western District of Washington allowed the Federal government to foreclose on the taxpayers’ primary residence in...more

U.S. Supreme Court unable to decide whether ECOA protects spousal guarantors

by Thompson Coburn LLP on

As we previously wrote, federal and state courts throughout the country have been divided on whether the Equal Credit Opportunity Act (ECOA) protects the spouse of a borrower when the lender requires the spouse to guaranty a...more

When One Spouse Files for Bankruptcy, But Not the Other

by Best Best & Krieger LLP on

When a Chapter 7, 11, or 13 case is filed, a new entity is created called the bankruptcy estate. A bankruptcy estate is comprised of all of the debtor’s non-exempt legal or equitable interests in property as of the time of...more

Wealth Management Update - November 2015

by Proskauer Rose LLP on

November Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The November § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs...more

Pennsylvania Law Re: Execution Against Entireties Property – Not Entirely Obvious

The Commonwealth of Pennsylvania is one of many jurisdictions in the United States that recognizes a concept known as or similar to “tenancy by the entireties.” This refers to a form of property ownership unique to married...more

Appellate Court Notes

by Pullman & Comley, LLC on

- AC36342 - Budrawich v. Budrawich Post-dissolution motion to modify child support denial was upheld by the Appellate Court due to lack of substantial change in circumstances, when ex-husband’s increased income was not...more

Eighth Circuit Finds Guarantors Not Afforded Protections under the Equal Credit Opportunity Act

by Poyner Spruill LLP on

The application of the Equal Credit Opportunity Act (ECOA) to spousal guaranties is a developing area of law, resulting in a number of recent appellate opinions. One opinion from the Eighth Circuit Court of Appeals, Hawkins...more

Legal Alert: The 2013 Tax Litigation Year in Review: Important Events

As we look forward to 2014, we take a look back at the top 10 important tax controversy issues making the news in 2013 that may have continuing importance in the future....more

Divorce: Finding Offshore Assets

by Sanford Millar on

One of the more important issues in a divorce proceeding is identifying and dividing community and separate property. The task of asset identification and location may have been made both easier and more complex at the same...more

Why and When to Conduct an Asset Search

by Edward Amaral on

Asset Search services are one of those areas that most people know little about until they need them. For example, personal injury attorneys have conducted asset searches to satisfy their due diligence in finding a...more

Benefits Litigation Update - September 2012 .

by Epstein Becker & Green on

We are pleased to present the second edition of the Benefits Litigation Update, a joint project of Epstein Becker Green ("EBG") and ERIC (The ERISA Industry Committee). With an increase in litigation related to the provision...more

New York Divorce Settlement May Be Set Aside- Mutual Mistake that Money "Invested" With Madoff

by Daniel Clement on

I previously wrote about a lawyer who was attempting to re-open his divorce settlement because, he claimed, there was a mutual mistake - he retained money invested with Madoff in lieu of other assets retained by his wife. Of...more

Financing Divorce: Loans Available

by Daniel Clement on

In a front page article, Binyamin Appelbaum in the New York Times explored the newest trend in divorce-third parties are investing in and funding divorces. A funding company “invests” in a divorce and advances the litigant...more

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