Attorneys and debtors often utilize pre-petition transfers between spouses as a way to avoid creditor claims, increase exemptions, and prevent property from becoming property of the estate. This panel will discuss cases where such transfers are avoidable and how such transfers can impact the right to a discharge and the right to claim exemptions. The primary focus will be on setting aside transfers. Further, the panel will provide a thorough update on the law relating to the right of a trustee to use a “golden creditors” (IRS) powers to set aside transfers that are up to 10 years prior to the filing of the bankruptcy petition. We hope you enjoy what will be a spirited discussion.
