Litigation

4 Signs That Assets are at Risk to Lawsuits in NC

Posted on: May 3rd, 2017
North Carolina is often referred to as a debtor-friendly state due to the many statutory creditor protections state law provides. However, even with these protections there are individuals and businesses who may not structure assets properly to take advantage of available protections....

Texas Court Rules Inherited IRA Protected in Bankruptcy

Posted on: April 1st, 2011
In a ruling entered on March 16, 2011, the U.S. District Court for the Eastern District of Texas, in Chilton v. Moser (2011, DC TX) 2011 WL 938310, reversed the bankruptcy court and held that a debtor’s inherited IRA met the requirements for a bankruptcy exemption under Bankruptcy Code §522(d)(12)....

NC Supreme Court Decision Kinlaw V. Harris IRA Exemption Case

Posted on: April 1st, 2011
I previously blogged about the ruling by the North Carolina Court of Appeals that in addition to IRA accounts being exempt from creditors, distributions from IRAs were also exempt. On appeal, the North Carolina Supreme Court held that “there may be some circumstances under which withdrawn funds are no longer exempt from execution.” ...

Inherited IRAs – the continuing saga in bankruptcy

Posted on: March 11th, 2010
I previously blogged about inherited IRAs being subject to the claims of creditors, both in (In Re: Jarboe) and outside of (Robertson v. Deeb) bankruptcy, and one case (In Re: Nessa) where an inherited IRA was determined to be protected under federal law....

North Carolina’s Repeal of the Rule Against Perpetuities Upheld

Posted on: February 12th, 2010
In a decision dated February 2, 2010, the North Carolina Court of Appeals upheld the Superior Court Judge’s 2009 decision in Brown Brothers Harriman Trust v. Anne P. Benson, et al....

Stipulation Leads to Directed Verdict in Fraud Case

Posted on: February 9th, 2010
Here’s a summary of Burton v. Williams, a recent North Carolina Court of Appeals case (adapted from today’s NAELA eBulletin):...
Posts: 1 2 All