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In an era when identity theft causes millions of dollars in losses, many clients are properly expressing fears about disclosing their credit card numbers, checking account information, Social Security Numbers and other sensitive financial data during required financial disclosure proceedings. While some clients balk about disclosing personal financial data, other clients actually refuse to cooperate with even standard divorce disclosure proceedings. As practitioners, we have grown so accustomed to revealing sensitive financial information that we may inadvertently engage in disclosure without providing clients with appropriate safeguards. The enactment of federal legislation such as the Health Insurance Portability and Accountability Act (HIPAA), which strenuously regulates disclosure of medical records, provides an opportunity for matrimonial attorneys to reassess the security that we provide our own clients when it comes to disclosing sensitive financial information.
Tightening Internal Policies
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There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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