Law Commentary
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NEWS: Delaware HB 333, Raising the Small Estate Threshold, is Signed Into Law
Delaware House Bill 333 was introduced on March 25, 2026 and was signed into law on June 10, 2026, effective immediately. This bill raises the threshold to qualify for a small estate (in lieu of full probate) of a decedent’s personal assets from $30,000 to $50,000. This is a big change because it allows family…
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Older Adults/Seniors: Financial Abuse, Exploitation, and Bankruptcy
The elderly, those 65 years and older are more often subjected to financial abuse, exploitation and scams. Older adults are often targeted because they are perceived to have assets that may be easily reached. The fraudsters may include trusted family members, neighbors, caretakers, or friends. Or they may appear from what seems to be legitimate…
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Up, Up and Away: Chapter 13 Plan Balloon Payments: Permissibility and Feasibility
“Would you like to ride in my beautiful balloon Would you like to ride in my beautiful balloon We could float among the stars together, you and I For we can fly, we can fly Up, up, and away My beautiful, my beautiful balloon” (Song by the 5th Dimension-1967) Debtors’ counsel often struggle to formulate…
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Dawn of the Dead: Zombie Mortgages
It has been 17 years since the financial crisis of 2008. It is again time to look at “zombie mortgages.” With the passage of time, property values have, for the most part, increased. In some cases, there has been dramatic appreciation. This makes it attractive for junior lenders to seek to recover as much as…
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Furry Blurry Expenses: Pets and Bankruptcy
“Once you have had a wonderful dog, a life without one is a life diminished” (Dean Koontz in A Big Little Life: A Memoir of A Joyful Dog) Some time ago, while serving as Chapter 13 Trustee, I administered a case that involved household cats. During the Section 341 meeting a large monthly expense line…
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A New Path to Property Inheritance: Delaware’s Transfer on Death Act
Delaware has become one of the most recent states to enact a Uniform Real Property on Death Act. With the signing into law of House Bill 147-Substitute 1, Delaware residents have a new way to pass down real estate. This act seeks to benefit all residents, especially those from underserved communities by providing them a…