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Statute of Limitations Bankruptcy Trustee Clawback Claims Fraudulent Asset Transfers

Posted by May 1, 2016 ,

In this post we examine the statute of limitations applied to a bankruptcy trustee's ability to pursue fraudulent asset transfer claims also known as "clawback" claims.  (This is distinct from preferential payments received by a creditor within 90 days of the debtor's bankruptcy filing - a time period where the law presumes the debtor to be insolv ... Read More.

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Effect Of Bankruptcy Discharge On Creditor’s Standing To Sue Transferee Under New Jersey’s Fraudulent Transfer Act

Posted by April 9, 2016 , , , ,

Picture this scenario: A debtor transfers his assets to his wife to avoid a creditor's judgment.  The debtor then discharges the creditor's judgment in a chapter 7 Bankruptcy.  Can the creditor independently sue the debtor's wife under New Jersey’s Fraudulent Transfer Act (“NJUFTA”), N.J.S.A. 25:2-20 et seq., to avoid the asset transfer e ... Read More.

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Dismissal or Conversion of a Bad Faith Chapter 13 Bankruptcy Case

Posted by April 3, 2016

Bad Faith Chapter 13 Bankruptcy NJ Much to your surprise, someone you loaned a substantial amount of money to just filed for Chapter 13 bankruptcy protection and didn't even give you the courtesy of a phone call in advance. You receive a notice in the mail from the bankruptcy court informing you of the filing. Your only proof of the debt is a sign ... Read More.

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INHERITED IRA NOT PROPERTY BANKRUPTCY ESTATE | NJ

Posted by February 1, 2016 ,

Under federal bankruptcy law, retirement funds are generally exempt from the claims of creditors in bankruptcy proceedings. But in Clark v. Rameker, 134 S. Ct. 2242, 189 L. Ed. 2d 157 (2014), the United States Supreme Court declared that an inherited IRA -received by the beneficiary upon death of the IRA owner - does not fall within the definition ... Read More.

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