Sometimes, a Debtor May Claim an Exemption in Fraudulently Transferred Property
The Section 522(g) preclusion of an exemption on fraudulently transferred property only applies if the trustee recovers the property.
Transfer to Tenants by the Entireties Was Exemption Planning Gone Too Far
Marriage on the eve of bankruptcy was a badge of fraud.
Creditor With a Derivative Claim Has Standing to Sue, Fifth Circuit Says
Embezzlement from an LLC conferred standing to sue on an owner, not only on the LLC.
The Two-Year Deadline for Avoidance Actions May Be Extended, Judge Baer Says
Only one circuit court has opined on the ability of a bankruptcy court under Rule 9006(b) to extend the deadline for filing avoidance actions.
A Tax Foreclosure Ok Under Tyler Can Still Be a Fraudulent Transfer
A tax foreclosure that isn’t an unconstitutional taking can still be a constructively fraudulent transfer depending on when and how the debtor receives the equity above the delinquent taxes.
Proven Fraud Won’t Always Cut Down the Amount of a Homestead Exemption, BAP Says
To limit the amount of a homestead exemption under Section 522(q)(1)(B)(ii), the fraud must have occurred after the debtor became a fiduciary.
In Setting Aside a Tax-Lien Foreclosure, a Hypothetical Gave Standing to the Debtor
If state law prohibits assertion of the homestead exemption in tax foreclosure and the debtor can’t take federal exemptions, does the debtor lack standing to set aside a fraudulent transfer?