News & Analysis as of

Wills, Trusts, & Estate Planning Civil Remedies Bankruptcy

Read Wills, Trusts, & Estate Planning updates, articles, and legal commentary from leading lawyers and law firms:

Missouri Commercial Receivership Act Creates a New Statutory Scheme Which Presents a More Robust Remedy

by Stinson Leonard Street on

The Missouri Commercial Receivership Act (MCRA), passed by the Missouri legislature and just signed into law by Governor Nixon, becomes effective Aug. 28, 2016. It expands, clarifies and fleshes out the existing minimal...more

Asbestos Alert: Asbestos Bankruptcy Trusts and Legislation

by Low, Ball & Lynch on

When asbestos litigation became extremely costly to defend, to settle and to pay judgments, companies began filing for protection under the Bankruptcy laws. In the three decades since Johns Manville and UNR Industries filed...more

Locke Lord QuickStudy: The Supreme Court Considers “Fees For Fees”

by Locke Lord LLP on

Lawyers in probate and fiduciary matters, and in bankruptcy and receivership matters, are frequently entitled to seek payment of their fees from a corpus of trust or estate funds. Unlike in employment litigation and civil...more

May the Trustee’s Personal Debt to the Trust Owed as a Result of a Breach of Trust be Discharged in Bankruptcy?

by Charles E. Rounds, Jr. on

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

Fifth Circuit Rules that Inherited IRAs Are Exempt under Code

by Butler Snow LLP on

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

Using Retirement Accounts for Asset Protection

by Riggs Davie PLC on

The tax benefits of retirement plans such as 401(k)s and Roth IRAs are well-known; but what many people do not know, is that such plans also provide an added benefit of asset protection. The assets contained within these...more

Fraudsters Beware - Homestead Exemptions Don't Always Work

by Brian Mahany on

New tax court case limits the asset protection afforded to Florida residents by Florida's homestead law. If you transfer assets to avoid creditors, do not automatically assume that Florida's powerful homestead exemption will...more

Using Nondischargibility in Bankruptcy Against Financial Abusers of the Elderly

"Stealing the Old Lady's Bundle"? Getting back money from those who cheat elderly parents and then file Bankruptcy. Recovering Money and other property from those who abuse the trust of elderly people in their care or...more

8 Results
|
View per page
Page: of 1
Cybersecurity

Follow Wills, Trusts, & Estate Planning Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.