Depositing paychecks into a non-debtor spouse’s bank account in order to shield the money from creditors constitutes a fraudulent transfer. Pearson v. Suiter (In re Suiter), No. 15-83, Adv. Proc. No. 15-90020 (Bankr. Haw. Feb. 16, 2016).
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Tag Archive: fraudulent conveyance
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Shielding Funds in Spouse’s Bank Account
Posted by NCBRC - April 5th, 2016
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Private School Tuition Payments Not Constructively Fraudulent Conveyance
Posted by NCBRC - December 10th, 2013
A New York bankruptcy court found that the chapter 7 trustee’s legal theory for recovery of private school tuition payments was “fundamentally flawed” and “at odds with common sense.” Getzler v. Xavierian High School (In re Okanmu), No. 11-43773, AP 13-01105, 13-01107 (Bankr. E.D. N.Y. Dec. 4, 2013). The trustee filed an adversary complaint seeking to avoid the debtors’ private school tuition payments for their minor children as constructively fraudulent transfers under sections 544 and 548(a)(1)(B). Read More
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HAVEN Act Guide
The Honoring American Veterans in Extreme Need Act of 2019 (“HAVEN Act”) excludes certain benefits paid to veterans or their family members from the definition of current monthly income (“CMI”) found in the Bankruptcy Code. The HAVEN Act amends § 101(10A) of the Bankruptcy Code and supplements the 2005 amendments to the Code that excluded other government benefits, such as social security income.
This Guide provides an overview of the HAVEN Act identifies benefits that are excluded, and answers frequently asked questions.
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