By: David J. Ferry, Jr., Esq. Ferry Joseph, P.A. With the population of older Americans on the rise, issues related, in general, to elder law, and specifically to guardianship actions, are requiring greater attention. Of course guardianship actions do not solely affect the elderly, as many are filed in connection with younger adults who, for one reason or another, lack the ability to care for themselves and/or their property. It […]
Despite decades of litigation, asbestos claims still seem to find their way into bankruptcy courtrooms. To respond to the growing number of asbestos-related bankruptcies, Congress enacted section 524(g) to the Bankruptcy Code. In general, Chapter 11 debtors utilizing section 524(g) may channel present and future mass tort related claims to a settlement trust. Doing so effectively discharges these debtors of the obligation to adjudicate present and future mass tort claims.
Outside of bankruptcy law, it is perfectly acceptable for a debtor to prefer one creditor over another. For example, in any given month a consumer holding two credit cards may very well choose to pay off one credit card in its entirety while making only the minimum payment on the other. Bankruptcy law, on the other hand, purports to promote fairness and equality amongst similarly situated creditors.
Many elder law cases occur after a person loses their mental capacity as a result of old age. It’s not uncommon for businesses to persuade impaired elders to enter into unsavory contracts or a relative seeks to be appointed guardian for a person with dementia or diminishing health. The end result could be financial exploitation or a misappropriation of funds. In one example, (names and events have been changed to […]
1521 Concord Pike
Sister that mishandled parents’ estates must reimburse brother for missing inheritance
On April 17, 2014, Master Abigail M. LeGrow of the Court of Chancery in the State of Delaware issued a draft report in the matter of Harrison v. Dixon et. al., ruling that the Defendant, Roseann Dixon, must reimburse her brother, Jacob Harrison, for his inheritance from his parents’ estates which was never received as a result of Dixon’s mishandling of the estates. Remell Harrison passed away in 2004. Her […]