Game Stop: Dismissals with Prejudice

Game Stop: Dismissals with Prejudice

Faced with abusive and serial bankruptcy cases, courts have fashioned various sanctions to put a stop to gaming the system. The favored sanction of the majority of courts is to enter an order of dismissal with prejudice under Section 349(a) of the Bankruptcy Code that adds a condition prohibiting refiling another bankruptcy case for a set period of time. See Lundin on Chapter 13 Sec. 153.3 “Court-Imposed Conditions and Restrictions […]

Ferry Joseph, P.A. Prevails in Equitable Forfeiture Case

Ferry Joseph, P.A. Prevails in Equitable Forfeiture Case

This estate action originated in the Court of Chancery with the filing of a Verified Petition for Review of Proof of Will and for Equitable Relief on July 16, 2019. The decedent, Tracy M. Ricks, Jr., passed away on December 20, 2018. A dispute arose regarding the distribution of the decedent’s estate. The Petitioner believed that the decedent passed away intestate. Respondent attempted to open an estate for the decedent […]

Elder Fraud and People with Cognitive Disabilities

Elder Fraud and People with Cognitive Disabilities

Elder fraud is an increasing problem, especially for those with cognitive disabilities such as dementia. A recent study by the Rush University Alzheimer’s center further demonstrated this point in showing that seniors who fall victim to elder scams might be at a higher risk of developing cognitive disabilities. The study’s findings suggest that there is correlation between low scam awareness and a higher likelihood of developing serious cognitive disabilities such […]

How to Get a Copy of a Will Admitted to Probate in Lieu of a Lost Will

How to Get a Copy of a Will Admitted to Probate in Lieu of a Lost Will

In the matter of Lawrence P. Gillen, Sr., 166 A.3d 942 (Del. 2017) This estate action originated in the Court of Chancery with the filing of a Petition to Probate Copy of Will on May 8, 2015. The decedent, Lawrence P. Gillen, Sr., passed away on March 12, 2015. His original Last Will and Testament could not be located, so the Petitioners/Appellees requested that a copy of his Will be […]

Seniors as Fraud Victims

Seniors as Fraud Victims

Every year, millions of elderly Americans are the target of various forms of telemarketing and internet fraud. Due in large part to seniors having a lifetime of accumulated savings, they tend to be attractive targets for financial predators. Fraud targeting the elderly takes many forms, including posing as a grandchild or IRS employee. Grandparent schemes are particularly dangerous because they play directly to emotions. One such example occurs when an […]