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Effect Of Bankruptcy Discharge On Creditor’s Standing To Sue Transferee Under New Jersey’s Fraudulent Transfer Act

Posted by April 9, 2016 , , , ,

Picture this scenario: A debtor transfers his assets to his wife to avoid a creditor's judgment.  The debtor then discharges the creditor's judgment in a chapter 7 Bankruptcy.  Can the creditor independently sue the debtor's wife under New Jersey’s Fraudulent Transfer Act (“NJUFTA”), N.J.S.A. 25:2-20 et seq., to avoid the asset transfer e ... Read More.

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INHERITED IRA NOT PROPERTY BANKRUPTCY ESTATE | NJ

Posted by February 1, 2016 ,

Under federal bankruptcy law, retirement funds are generally exempt from the claims of creditors in bankruptcy proceedings. But in Clark v. Rameker, 134 S. Ct. 2242, 189 L. Ed. 2d 157 (2014), the United States Supreme Court declared that an inherited IRA -received by the beneficiary upon death of the IRA owner - does not fall within the definition ... Read More.

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