ABI Blog Exchange

2013-05-15
In the only bankruptcy case pending before it this term, a unanimous Supreme Court has ruled that the archaic term "defalcation" used in 11 U.S.C. Sec. 523(a)(4) requires  knowledge of, or gross recklessness in respect to, the
2013-05-14
On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity, rather than debt, advances of funds made purportedly
2013-05-14
By ANNIE LOWREY The anemic economy has left millions of younger working Americans struggling

Read More from: Shenwick & Associates

2013-05-13
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on May 13 unanimously vacated and remanded a case involving a bank's claim that a debtor who had acted as trustee for his father's insurance trust was guilty of
2013-05-13
by Fred Witt, Co-author, Sheinfeld, Witt & Hyman, Collier on Bankruptcy Taxation (LexisNexis).    and David Elrod, Shareholder, Elrod, PLLC, Dallas, Texas The views expressed are those of the authors alone. Introduction
2013-05-08
It sounds like a good idea: Insure against losses from investing in a Ponzi scheme. Insurance policies, including homeowner's policies, can provide coverage from losses from fraud, embezzlement or forgery. But does it
2013-05-01
So after all that, what was my (now 3 months ago) new year’s resolution?  One word: Integration.

Read More from: Spiritually Bankrupt

2013-04-24
Here at Shenwick & Associates, we often get questions from clients if they may transfer a house or an apartment from one spouse to the other after being sued or prior to a bankruptcy filing.

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2013-03-28
While many people are busy preparing their tax returns, in this post we will focus on the treatment of tax refunds in bankruptcy.

Read More from: Shenwick & Associates

2013-03-25
Sara L. Chenetz John E. Lucian Section 363 asset purchases offer opportunities—but you have to know what you're doing. 

Read More from: Bankruptcy Law Watch

2013-03-20
A debtor’s funds held in a Health Savings Account (“HSA”) or Flexible Spending Account (“FSA”) do not appear to be exempt under either New York state exemption law or Section 522 of the Bankruptcy Code.
2013-03-20
A debtor’s funds held in a Health Savings Account (“HSA”) or Flexible Spending Account (“FSA”) do not appear to be exempt under either New York state exemption law or Section 522 of the Bankruptcy Code.
2013-03-16
At Shenwick & Associates, we often get questions from clients if they may transfer a house from one spouse to another after being sued or prior to a bankruptcy filing:An upstate bankruptcy court addressed this question and held that such a transf

Read More from: Shenwick & Associates

2013-03-06
In In re Pamela Persaud, case No. 12-43602-CEC, US Bankruptcy Court, EDNY, February 4, 2013 involved the Means Test, the presumption of abuse and what expenses can be deducted in calculating the Means Test.

Read More from: Shenwick & Associates

2013-03-03
Pension money that is in a tax qualified pension plan such a Roth or IRA may be kept in a chapter 7 personal bankruptcy, provided that it does not exceed $1,171,650.

Read More from: Shenwick & Associates

2013-03-03
In New York a debtor can file bankruptcy and keep 1 car that has no more than $4,000 of equity.

Read More from: Shenwick & Associates

2013-02-06
One spouse can file for bankruptcy without the other joining in the process, or even consenting to it. There are many instances where a couple would only want only one spouse to file.
2013-02-06
One spouse can file for bankruptcy without the other joining in the process, or even consenting to it. There are many instances where a couple would only want only one spouse to file.