Archive for the ‘Bankruptcy’ Category

Bankruptcy filings surge in Rhode Island

Monday, August 17th, 2009 by Moore McLaughlin

U. S. Bankruptcy CourtData recently released from the U.S. Bankruptcy Court indicated that the number of bankruptcy filings has soared in Rhode Island. This news is not particularly surprising given the economic conditions in Rhode Island. McLaughlin & Quinn, LLC Partner Thomas P. Quinn was recently appointed as a Chapter 7 bankruptcy trustee specifically because of the large number of bankruptcy cases being filed. In addition, Tom represents debtors who file personal and business bankruptcy. He continues to advise large numbers of new clients on the pros and cons of filing bankruptcy. In many cases, filing bankruptcy immediately is either not an option or not the best route to follow. However, in most of the cases that Tom sees, filing bankruptcy is the only option available to the debtor which allows them to get a fresh start.

Click here for the full article from the Providence Business News on the recently-released bankruptcy statistics.

If you or anyone you know are in financial difficulty and are considering filing bankruptcy, please contact Tom Quinn, Esq. at 401-421-5115 ext. 218 or by e-mail at tquinn@mclaughlinquinn.com.

Thomas P. Quinn, Esq. Appointed as Bankruptcy Trustee for Rhode Island

Thursday, July 9th, 2009 by Moore McLaughlin

Thomas P. Quinn, Esq.Partner Thomas P. Quinn, Esq. has recently been appointed to the Panel of Chapter 7 Trustees for the United States Bankruptcy Court for the District of Rhode Island.  His appointment to this role, effective as of June 1, 2009, is based on his outstanding background in bankruptcy law that he has gained in private practice and while employed by the Internal Revenue Service.  The law firm of McLaughlin & Quinn, LLC is honored to have one of our partners appointed to such a prestigious position.

In his role as Chapter 7 Trustee, Tom will serve as a representative of the bankruptcy estate. His duties will include conducting Section 341 meetings of creditors, recovering, preserving, liquidating and distributing assets of Chapter 7 estates and protecting the integrity of the bankruptcy system.  He will also use his skills as a bankruptcy litigator to recover assets and oppose bankruptcy discharges whenever necessary.  Tom looks forward to the challenges and opportunities that his new role as a Chapter 7 Bankruptcy Trustee provides.

While serving as a Panel Trustee, Tom will continue as a partner at McLaughlin & Quinn, LLC representing businesses and individuals in financial workout and bankruptcy matters.  He will also continue to represent clients in tax collection, audit and controversy matters before the IRS, the Rhode Island Division of Taxation, the Massachusetts Department of Revenue and the United States Tax Court.

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Self-Directed IRAs

Saturday, May 16th, 2009 by Moore McLaughlin

irafotolia_1775827_m_20204751_stdI recently attended a seminar sponsored by PENSCO, one of the leaders in self-directed IRA custodians. I was amazed at how many ways self-directed IRAs are being used. I knew about direct real estate investments and direct loans, but self-directed IRAs are being used for so much more.

A self-directed IRA is merely an IRA with the ability to invest in any types of qualified investment. Most IRAs have restrictions on the types of investments that are allowed. These restrictions are in place because the custodian of the IRA, for a variety of reasons, does not want to allow these alternative investments, even though the law clearly allows them.

The only restriction on the type of investment found in the law is that an IRA cannot invest in collectibles, life insurance or own stock of an S corporation. Other than that, it is wide open. People are investing in LLCs that buy leveraged real estate, run start-up companies and buy tax lien certificates.

Care must be taken to avoid so-called prohibited transactions and dealings with disqualified persons, but if these can be avoided, investors can realized enormous returns on thier investments, on an after-tax basis.

I will be writing more about self-directed IRAs in the near future in an attempt to spread the word. Like with 1031 exchanges a few years ago, a signficant number of professionals and investors are still not aware of this very powerful tool.