Stephen Sather
Supreme Court Denies Exemption for Inherited IRAs But Texas Debtors May Still Be Able to Keep Them

Most Americans don’t save enough money for retirement. However, the Supreme Court recently dealt with the opposite situation—what happens when someone saves more than they need and their heirs receive the money (and then file bankruptcy)....

James Cordrey
U.S. Supreme Court: Inherited IRAs Not ‘Retirement Funds,’ Not Exempt in Bankruptcy

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court today ruled that funds held in inherited individual retirement accounts (IRAs) are not “retirement funds” within the meaning of the Bankruptcy Code because they represent an...

Kelley Drye & Warren LLP
Supreme Court Decides Not to Destroy the Current Bankruptcy Court System

by Ben Feder The U.S. Supreme Court on June 9, in Executive Benefits Insurance Agency v. Arkinson [ an enhanced version of this opinion is available to lexis.com subscribers ], limited somewhat the ramifications of its landmark opinion two years ago...

Stephen Sather
Supreme Court Dodges Consent Issue in Bellingham But Signals No New Challenges to Bankruptcy Court Authority

In the follow-up to Stern v. Marshall , the Supreme Court concluded that it didn’t need to answer the primary questions addressed to it, leaving open (on the surface at least) the issue of whether parties can consent to final adjudication by a bankruptcy...

Kathy Bazoian Phelps
Eleventh Circuit Decides Important Ponzi Scheme Issues

The Eleventh Circuit issued an opinion this week that has to make receivers happy. See Wiand v. Lee , 2014 U.S. App. LEXIS 10154 (11th Cir. Jun. 2, 2014) [ an enhanced version of this opinion is available to lexis.com subscribers ]. Fraudulent transfer...

James Cordrey
U.S. Supreme Court Says District Court ‘Cured’ Bankruptcy Dispute With De Novo Review

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court today unanimously ruled that any potential error made by a bankruptcy court regarding its own judgment in a “core” proceeding under 28 U.S. Code Section 157(b) was “cured”...