The High Court has recently held that an individual may claim the proceeds of the sale of assets subject to an agricultural charge by the application of the equitable remedy of marshalling. Agricultural Sector The agricultural or farming sector includes a combination of unique assets and ownership structures that have given rise to a bespoke … Continue Reading
Did I say I didn’t have any assets, I meant they were exempt!” Can a debtor lose the right to exempt property in a bankruptcy case if it is discovered that the debtor fraudulently failed to disclose assets or otherwise acted in bad faith? Elliot Smith discusses the recent Sixth Circuit opinion in Ellmann v. … Continue Reading
