Elder Law: Re-title of Assets May Be a Problem

Elder Law: Re-title of Assets May Be a Problem

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 […]

Delaware Preferences: Successful Defense in a Recent Case

Delaware Preferences: Successful Defense in a Recent Case

Sometimes people can be legitimately sued without any wrongdoing: Defendants find preference actions to be particularly objectionable. In these actions, the defendant did nothing wrong and is only being sued for the return of payments because they were made by a debtor in bankruptcy within the 90 days (or 1 year for insiders) preceding the bankruptcy filing. Bankruptcy preference actions brought against businesses after a customer files for bankruptcy can […]