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Eighth Circuit Examines “Retirement Fund” Exemption in Divorce Context
Most bankruptcy professionals know that “retirement funds” are generally exempt assets under § 522(d)(12) or 522(b)(3)(C). However, those funds must meet very precise requirements to meet this qualification. Specifically, the funds must be “retirement funds,” and they must be held in an account that is exempt from taxation under certain sections of the Internal Revenue Code.
Defining “Retirement Funds” Under the Bankruptcy Code
Student Loan Dischargeability: Recent Developments
Dischargeability of student loans is a “hot button” issue in both the bankruptcy world and mainstream media. In fact, last September another colleague wrote about the history of student loan dischargeability, and the current obstacles borrowers face.[1] Since that article, the U.S.
How the German Tax Authorities Help with the Restructuring of Companies: Practical Experience with Tax Exemption of Restructuring Profits
Companies in crisis are facing major challenges. Not only do they have to negotiate with stakeholders about their restructuring contributions and restructuring loans, they also have to make what are often difficult decisions on a wide range of legal issues. Essential components of any restructuring concept are the restructuring contributions of stakeholders, which often consist of waivers of claims by existing creditors.
More Transparency of Post-Petition Debt
One thing that Toys “R” Us, Sears and Forever 21 have in common is that all three cases are administratively insolvent.[1] Vendors who extended credit to the debtor after the petition date, in reliance on the debtor’s assurances that it had adequate “DIP” financing to justify new credit terms, got stuck a second time when there were inadequate funds to pay the administrative claims of vendors that had supplied the debtor post-petition.
Young and New Member Committee Annual Report
At the Annual Spring Meeting in April, the committee hosted a panel that discussed the ins and outs of choosing a venue in which to file, including circuit splits on pertinent areas of law, variations in local rules, and the amorphous “comfort” level that some practitioners have with some jurisdictions over others.
A Somewhat Formal Introduction to Informal Proofs of Claim
The Bankruptcy Code addresses competing claims of creditors against the assets of a debtor.
Shifting Tides: Missing the Deadline to Object to the Discharge of Debt [1]
Imagine this scenario: A judgment is won, the defendant filed for bankruptcy, but the judgment creditor missed the deadline to file a complaint objecting to the discharge of the debt. Normally, this means that the judgment will be discharged unless the court is convinced to accept a late-filed complaint. This is a high hurdle typically requiring the creditor to raise a constitutional issue of fraud by the debtor.