News & Analysis as of

Trustees

Fox Rothschild LLP

Trustee Of Duane Martin And Tisha Martin Campbell’s Chapter 7 Case Brings Suit To Recover Property Subject To Loan From Will &...

by Fox Rothschild LLP on

In entertainment and bankruptcy news, the chapter 7 trustee for the bankruptcy filed by former celebrity couple Duane Daniel Martin and Tisha Martin Campbell (the “Debtors”), brought suit against Roxe, LLC (“Roxe”) and others...more

Burns & Levinson LLP

When Do You Need to Create, Review, or Redo Your Estate Plan?

by Burns & Levinson LLP on

People don’t like to think about their wills—even people with an awful lot of property to pass on. Aretha Franklin and Prince are two wealthy celebrities who died without a will—and the former knew she was sick with cancer...more

Hogan Lovells

Pension transfers and scams: what should trustees do?

by Hogan Lovells on

Pension scammers are becoming ever more sophisticated in their methods of parting scheme members from their pension funds, learning how to stay (just) on the right side of the law and to avoid breaching requirements of...more

Hogan Lovells

IORP II: What Does It Mean For Uk Pensions?

by Hogan Lovells on

The new directive on occupational pension schemes (IORP II) must be implemented in national law by mid-January 2019. UK pension schemes are already subject to most of the requirements under existing UK legislation. However,...more

Allen & Overy LLP

Pensions in Dispute - August 2018

by Allen & Overy LLP on

Welcome to our quarterly pensions litigation briefing, designed to help pensions managers identify key risks in scheme administration, and trustees update their knowledge and understanding. This briefing highlights recent...more

Winstead PC

The Texas Supreme Court Denies Review In A Case Awarding Mental Anguish Damages, Exemplary Damages, and Other Damages For A...

by Winstead PC on

Today, the Texas Supreme Court denied review in Wells Fargo v. Militello, No. 05-15-01252-CV, 2017 Tex. App. LEXIS 5640 (Tex. App.—Dallas June 20, 2017, pet. denied). In Militello, the court of appeals affirmed a trial...more

Allen & Overy LLP

For your DC trustee agenda: current legal issues September 2018

by Allen & Overy LLP on

Welcome to our monthly update on current legal issues for trustees of DC pension schemes, designed to help you stay up to date with key developments between trustee meetings, and to support the legal update item on your next...more

Allen & Overy LLP

Joint DB and DC trustee agenda update: current legal issues September 2018

by Allen & Overy LLP on

Welcome to our monthly update on current legal issues for ?trustees of DB and hybrid pension schemes, designed to help you stay up-to-date with key developments between trustee meetings, and to support the legal update item...more

Alston & Bird

Eleventh Circuit Holds That New Value Need Not Remain Unpaid for Section 547(c)(4) Defense to Apply in Preference Actions

by Alston & Bird on

Our Bankruptcy & Financial Restructuring Group explores a positive holding from the Eleventh Circuit that greatly expands the applicability and scope of the new-value defense in the circuit....more

Downey Brand LLP

Fore! California Court Drives Away Claim that Trustee’s Attorney Breached Trust

by Downey Brand LLP on

When attorneys advise errant trustees, how vulnerable are they to breach of trust claims by injured beneficiaries? A case published last week by the California Court of Appeal provides a defensive roadmap to attorneys who are...more

Farrell Fritz, P.C.

Wills, Trusts & Estates: Plain and Simple – “Do-It-Yourself” Wills: A Note of Caution

by Farrell Fritz, P.C. on

There are lots of “do-it-yourself” Will programs floating around on the internet. You may be able to save legal fees by drafting your own Will – at least up front; but in the long run, the cost usually comes after you die...more

Fox Rothschild LLP

Eleventh Circuit Holds “New Value” Need Not Remain Unpaid

by Fox Rothschild LLP on

One of the commonly asserted defenses to preference avoidance actions is the “new value” defense set forth in 11 U.S.C. § 547(c)(4). One issue considered by courts is whether the “new value” must remain unpaid. In a recent...more

McDermott Will & Emery

Between a Rock and a Hard Place: Trustee’s Momentous Decisions in the United States, England and Offshore

by McDermott Will & Emery on

Trustees are often asked to make difficult decisions about investments, distributions and requests for information. Sometimes those decisions may be said to be “momentous” (of great import or significance) giving rise to the...more

Sheppard Mullin Richter & Hampton LLP

“Que Je T’Aime”: L’affaire d’heritage de Johnny Hallyday

As a battle rages on in Nanterre, west of Paris, over the estate of Johnny Hallyday, who is best known as the “French Elvis”, and spills out across the pages of the tabloid press in France, we offer a view from Hallyday’s...more

Holland & Knight LLP

Eleventh Circuit Issues Opinion on New Value Defense to a Preference Claim

by Holland & Knight LLP on

• In its recent decision in William S. Kaye, Trustee of the BFW Liquidating Trust v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC), the U.S. Court of Appeals for the Eleventh Circuit held that liability for a...more

McNair Law Firm, P.A.

Blue Bell Creameries: Dishing Out a New Value Treat for Preference Defendants

by McNair Law Firm, P.A. on

Trying to explain the primary purpose of Section 547 of the Bankruptcy Code to a client that just received a demand letter or complaint to avoid and recover preferential transfers can be a tough sell. Although the Section’s...more

Holland & Knight LLP

District Court: ESOP Arbitration Provision Doesn't Apply to "Cashed-Out" Participant - Court Does Not Rule, However, That the...

by Holland & Knight LLP on

• The U.S. District Court for the Southern District of Ohio has ruled that the arbitration provision of an employee stock ownership plan (ESOP) does not apply to the plaintiff's class representative because she had "cashed...more

Butler Snow LLP

Are you caught in the CRS “Triangulation Problem”?

by Butler Snow LLP on

The Common Reporting Standard (“CRS”), following along the precedent set by the Foreign Account Tax Compliance Act (“FATCA”), creates the concept of “accountholders” in structures such as trusts, foundations, companies and...more

Allen & Overy LLP

Pensions in Dispute - May 2018

by Allen & Overy LLP on

Welcome to our quarterly pensions litigation briefing, designed to help pensions managers identify key risks in scheme administration, and trustees update their knowledge and understanding. This briefing highlights recent...more

SmithAmundsen LLC

How Often Should I Review My Estate Plan?

by SmithAmundsen LLC on

I advise clients to review their estate planning documents every three to five years. It’s also a good idea to review your estate plan as you come up on milestones in life. Ordinarily, you want to review your estate plan...more

Blank Rome LLP

In Blackstone v. Sharma, Maryland’s Highest Court Rules That Foreign Statutory Trusts Do Not Need to Be Licensed as Debt...

by Blank Rome LLP on

In a long-awaited decision, the Court of Appeals of Maryland holds that foreign statutory trusts do not need to be licensed as debt collectors before initiating in rem foreclosure proceedings. This holding will allow numerous...more

Faegre Baker Daniels

Fielding Decision Creates Opportunities (and Potential Obligations) for Minnesota Trusts

by Faegre Baker Daniels on

On July 18, 2018, the Minnesota Supreme Court issued its decision in Fielding v. Commissioner, declaring that it was unconstitutional for the state to consider four trusts to be Minnesota “resident trusts” — and tax them...more

Fox Rothschild LLP

For The Defense: State Courts Reject The Ponzi Scheme Presumptions In Fraudulent Transfer Actions

by Fox Rothschild LLP on

Bernie Madoff in New York, Tom Petters in Minneapolis, Allen Stanford in Houston, and Darren Berg in Seattle lead a rogues’ gallery of infamous Ponzi schemers. All are now serving time in prison. But the civil litigation...more

Downey Brand LLP

Why Contingency Fee Representation Is Hard to Obtain in Trust and Will Contests

by Downey Brand LLP on

We often receive inquiries about whether we will represent parties in California trust and will contests on a contingency basis. In contingency representation, the lawyer does not collect a fee unless the client obtains a...more

Morris James LLP

Delaware Updates its Statutory Trust Act

by Morris James LLP on

The 2018 legislative updates to the Delaware Statutory Trust Act (DSTA), which became effective August 1, 2018, provide for the use of so-called blockchain technology and clarify the rights, duties and liabilities of trustees...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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