Here’s How a Disclaimed Inheritance Can Be Recovered Under Section 544(b) Although a disclaimed inheritance is ordinarily beyond the avoiding powers, a trustee can step into the shoes of the IRS to set aside the disclaimer. Read more about Here’s How a Disclaimed Inheritance Can Be Recovered Under Section 544(b)
Survivor’s Benefits Under a Pension Plan Might Not Become Estate Property Unlike Clark v. Rameker, where an inherited IRA wasn’t exempt, the inheritance of benefits under a pension plan might not become estate property under Section 541(c)(2). Read more about Survivor’s Benefits Under a Pension Plan Might Not Become Estate Property
Are Chapter 13 Creditors Entitled to Proceeds from a Post-Confirmation Tort Claim? The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income. Read more about Are Chapter 13 Creditors Entitled to Proceeds from a Post-Confirmation Tort Claim?
Post-Petition Appreciation in the Value of a Home Goes to Creditors in Chapter 13 Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7. Read more about Post-Petition Appreciation in the Value of a Home Goes to Creditors in Chapter 13