ABI Blog Exchange

So after all that, what was my (now 3 months ago) new year’s resolution?  One word: Integration.

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

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.

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

In re Mary Veronica Santiago-Monteverde No.

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.

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.

A lender’s entitlement to a make-whole premium, that is, a prepayment penalty designed to compensate the lender for the loss of interest payments it would have received had the borrower continued to service the debt through the maturity date of the l

Your IRA Might Not Be Exempt Beginning with In re Daley, 459 BR 270 (Bkcy.