The Effect Of Discharge-Waiver-Debts Not Discharged – The Bankruptcy Code prohibits collection against a debtor once a debt has been discharged in a bankruptcy. This applies to debts that arose prior to the date the bankruptcy was filed. If the creditor has a lien against an asset of the debtor and the lien attached prior…
THE FEDERAL EXEMPTIONS AS ESTABLISHED BY CONGRESS Certain property which falls within the description of property of the estate is exempted either by exemptions established by the U.S. Congress, called Federal Exemptions, or by exemptions established by states, called State Exemptions. in some states Debtors are free to choose either the Federal or the State…
Statutory limitation of liability is not absolute The limitation of liability of business owners and professional practitioners created by statute for corporations, limited liability companies, professional partnerships, and limited partnerships, differs from state to state and can be pierced under a variety of circumstances. The choice of a state usually constitutes a choice of the…
Estate tax: value closely held business Date: The valuation date is the date of the decedent’s death. An alternate date six months later may be elected but only if it decreases both the estate and the tax. If an alternative date is used, that date will be used for all assets of the estate. The…
ESTATE TAX Valuation continued: Listed securities: The mean between the day’s highs and lows on the valuation date is used. If the shares are sold ex-dividend, the amount that the estate will receive is used. The valuation of bonds includes the interest to the valuation date. Restrictions to or an impediment to sale can result…
© 2025 Attorney C. Stephen Gurdin Jr. All Rights Reserved
