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We found 819 results for "The Matrimonial Strategist"...

<B><I>BREAKING NEWS</i></b>Supreme Court Lifts Stay on Kansas Same-Sex Marriages
November 13, 2014
Over the dissent of two justices, the U.S. Supreme Court on November 12 allowed same-sex marriages to go forward in Kansas.
<b><i>Online Extra</b></i> Sixth Circuit Upholds Laws Banning Same-Sex Marriage
November 10, 2014
A divided U.S. Court of Appeals for the Sixth Circuit on November 6 reversed a series of lower court rulings that had struck down bans on same-sex marriage. Judge Jeffrey Sutton, writing for the majority, said the question of whether to allow same-sex marriage shouldn't be decided by the courts.
<b><i>Online Special Report</b></i> 'No Need to Rush': As State Bans on Same-sex Marriage Continue to Fall, the Supreme Court Dodges the Issue (for Now)
November 03, 2014
On the first day of its new Term, the Supreme Court declined to take up any of the cases before it in which state same-sex marriage bans had been struck down by lower courts. To the surprise of many Court watchers, the Justices denied certiorari in the cases, which stemmed from the Fourth, Seventh and Tenth Circuits. As a result, same-sex couples were immediately able to marry in five more states: Indiana, Oklahoma, Utah, Virginia and Wisconsin.
Litigant Preparation by Mental Health Professionals
November 02, 2014
There are both tactical and ethical reasons to refrain from having litigants prepared for evaluations by forensic mental health consultants. Here's why.
Transfer Taxes
November 02, 2014
Last month, we wanted to know the tax consequences to a hypothetical couple of their proposed agreement that husband transfer his interest in a townhouse to wife prior to their execution of a separation agreement, and that wife transfer her membership interest in the company to husbandprior to execution of such agreement. The discussion concludes herein.
Practice Tip: Heart Health and Divorce
November 02, 2014
A recent study of more than 3.5 million Americans revealed that divorced couples are more likely to suffer from heart-related health problems as compared with their married counterparts.
Dividing Retirement Plan Assets in a Divorce
November 02, 2014
The first or second largest asset in a marital estate is one or both spouses' retirement plans. Therefore, a mistake made in dividing these assets in a divorce could be very costly for one of the spouses.
<i>BREAKING NEWS</i>Justices Decide to Stay Out of Same-Sex Marriage Cases
October 06, 2014
The U.S. Supreme Court, defying conventional wisdom, declined on Oct. 6 to resolve the nation's constitutional debate over whether states may ban same-sex marriages.
Adopting an Adult
October 02, 2014
This article focuses on one of the nuances of adoption law that is becoming increasingly relevant in the United States, the adoption of adults.
Transfer Taxes
October 02, 2014
When negotiating the distribution of marital property, tax consequences must always be taken into account. There are federal, state and local taxes to consider. Leaving any of these out of the equation, particularly when the divorcing couple is wealthy, can mean that assets from which the parties might have benefited are lost to the tax man.

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    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
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  • Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
    Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
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