Read Wills, Trusts, & Estate Planning updates, articles, and legal commentary from leading lawyers and law firms:
The Greatest Gift: Your Individual + Family Estate Plan
The 2010 Tax Relief Act and your estate plan
Are your estate planning documents protecting your assets?
Same-Sex Marriage Cases in 90 Seconds
Should you Opt-Out of the Voluntary Disclosure Program?
Death and Foreign Asset Disclosure. What you don't know can cost you…a lot
Safeguard Your MVA: Devising a Business Succession Plan that will Preserve your Most Valuable Asset
Divorce can be costly, especially when it reveals undisclosed foreign assets.
Estate Planning: Wills, Trusts, & Power of Attorney in Arizona - Putting Family First
Foreign Asset Disclosure Program
Asbestos defendants are one step closer to greater transparency regarding the often illusive bankruptcy trust claims and payments. On Wednesday, November 13, 2013, the U.S. House of Representatives passed H.R. 982, the...more
Atari Files Reorganization Plan to Exit Bankruptcy
by Joel R. Glucksman on October 4, 2013
Video-game maker Atari, Inc. has filed a reorganization plan in the U.S. Bankruptcy Court in Manhattan with the support of its...more
The Ninth Circuit Court of Appeals recently ruled that employers may discharge multiemployer trust withdrawal liability in bankruptcy. Employers required to contribute to multi-employer pension trusts face growing withdrawal...more
Analysts Debate the Effectiveness of Municipal Bankruptcy on Improving Cities
by Joel R. Glucksman on August 22, 2013
Five years after the Great Recession began, a number of cities across the country are still...more
Whether because of the declining docket of the Court or the technical subject-matter involved, bankruptcy topics have come before the United States Supreme Court infrequently in recent years. This term, the Court heard a case...more
American Airlines Nears Bankruptcy Exit, Merger
by Joel R. Glucksman on August 15, 2013
American Airlines parent AMR Corporation is gearing up to make its formal exit from bankruptcy proceedings, and to enter into a...more
Should Detroit Follow Central Falls’ Bankruptcy Strategy?
by Joel R. Glucksman on August 6, 2013
In the wake of Detroit filing the largest municipal bankruptcy in U.S. history, many
analysts are looking at the...more
Endicott Interconnect Technologies Seeks Bankruptcy Protection
by Joel R. Glucksman on August 2, 2013
Endicott Interconnect Technologies has filed for bankruptcy protection with the U.S.
Bankruptcy Court in Utica, and...more
On 24th July the UK Supreme Court handed down its unanimous decision in relation to the LBIE/Nortel appeal, overturning the previous Court of Appeal and first instance judgments....more
On June 11, Southern District of New York Judge Jed Rakoff dismissed the complaint of the Trustee for the SemGroup estate seeking to avoid a novation made to Barclays pre-bankruptcy under a swap agreement....more
One of the primary purposes of bankruptcy is to provide for the discharge of certain debts in order to enable a debtor to obtain a "fresh start" post-bankruptcy. Notwithstanding this specific purpose, section 523 of Title 11...more
The U.S. Bankruptcy Code provides that a personal debt is not dischargeable if the debt had been occasioned by the debtor’s defalcation while acting in a fiduciary capacity. Courts of appeals had long disagreed about the...more
Asbestos personal injury trusts proliferated after many of the early primary asbestos product manufacturers reorganized under bankruptcy law. It is estimated that nearly 100 companies have declared bankruptcy in the face of...more
On February 1, 2013, the Supreme Court of Canada released its much anticipated decision in Sun Indalex Finance, LLC v. United Steelworkers, a case which pitted the claims of pensioners against those of secured creditors in...more
On February 1, 2013, the Supreme Court of Canada (SCC) released its much-awaited decision in the Indalex case. While the central issue in Indalex was the priority of wind-up deficiencies in defined benefit pension plans...more
This analysis updates a previous memo and incorporates advice we have received from the Federal Reserve Board (“FRB”) and the Federal Deposit Insurance Corporation (“FDIC”) regarding the preparation of living wills for bank...more
The Supreme Court of Canada released its highly anticipated decision in Indalex Limited (Re) this morning. The ruling stemmed from an appeal of an Ontario Court of Appeal decision that had created commercial uncertainty...more
In This Issue:
- The Innovative Design Protection Act: Bound for Success or Doomed to Fail?
- Strategic Licensing Considerations
- New Faces
- Points from the President
- Think Again Before Walking Away from...more
If a substantial portion of a person’s wealth is in one or more IRAs, protecting the assets in those accounts is critical to his or her estate plan. IRAs provide significant benefits, including tax-deferred wealth...more
Attorney James R. Andrews II is the host of Legal Sense with James Andrews. James was born in East Orange, New Jersey. He graduated from high school in Whippany, New Jersey and then attended the University of Virginia where...more
Legal newsletter with articles on Foreign Accounts and the 2012 Offshore Voluntary Disclosure Initiative, Bankruptcy law, the new I-9 Form in Immigration law, and an update on the law of Hawaii vacation rentals. ...more
A good bankruptcy attorney is an investment towards a brighter future. When you begin to seek out the right attorney for your particular case, you should keep in mind that you’re not buying a product, but instead you are...more
Originally posted in the ABI Journal, Vol. XXXI, No. 5, June 2012.
Editor’s Note: For additional perspective on inherited IRAs, read the May 2011 cover article and a letter to the editor published in the July/August 2011...more
If you receive an inheritance, what does the bankruptcy law say about it? More specifically, if you are given an inheritance after you file for bankruptcy what happens to it? The bankruptcy code has different ways of treating...more
Can I Inherit Property While I’m in Bankruptcy or File Bankruptcy After I Inherit Property?...more