Insolvency Issues in Estate Planning
- Distinguishing Insolvency from Bankruptcy
- Who may (or may not) be a debtor in bankruptcy
- Collecting Judgments generally
- The Judgment Debtor (“JD”) Rule
- Revocatory & Oblique Actions
- Avoidance Actions in bankruptcy: Fraudulent Conveyances & Preferences
- Garnishments & Foreclosures
- The process for an insolvent succession
- Proofs of Claim in Louisiana Successions and in Bankruptcy
- Handling Creditors
- Exemptions from seizure: annuities, insurance, homestead exemptions, etc.
- Planning for spendthrift children
- Planning for testators in financial trouble
Albert J. Derbes, IV co-founded the Derbes Law Firm, LLC over twenty-five years ago, and has practiced law for over 30 years. Mr. Derbes both negotiates and litigates commercial matters, believing that doing both transactional work and court practice improves and informs each. Mr. Derbes is also a Louisiana certified civil mediator, focusing upon commercial and insolvency matters.
His transactional work includes helping clients start up their businesses, negotiating the contracts for business operations, and aiding them with the closing of their businesses. Mr. Derbes litigation background provides him with invaluable insights into business issues, especially member disputes, derivative actions, state court liquidations, as well as bankruptcy adversaries and contested matters. Mr. Derbes’ extensive litigation experience includes litigating in multiple Louisiana District Courts, Federal District Courts, Tax Courts, as well as Bankruptcy Courts in Louisiana, Texas, and Mississippi. He has successfully litigated well-known bankruptcy cases such as Schwegmann Giant Super Markets, Ormond Country Club, and New Orleans Paddlewheels, Inc.
Drawing on his knowledge and experience, Mr. Derbes is a favorite, frequent speaker to other attorneys on bankruptcy and other business related topics. His involvement with the Jefferson Bar Association and the New Orleans Bar Association creates and fosters relationships with other attorneys, which relationships are often helpful to the resolution of his clients’ problems.
Mr. Derbes was born in New Orleans and graduated from Jesuit High School in 1982. Thereafter, he went to Rice University and the Tulane School of Law. Outside of practice, Mr. Derbes is an avid reader, and enjoys “quiet sports” such as fishing, kayaking, snowshoeing, and hiking. He and his wife, Terri, enjoy cooking and the dining and music opportunities of New Orleans. They have been married for 29 years and they have two adult children.
