August 08, 2022
First Circuit BAP Limits the Student Loan ‘Borrower Defense’
The First Circuit BAP suggests that invocation of the borrower defense with regard to dischargeability of student loans requires exhaustion of administrative remedies in the Department of Education.
1st CircuitAugust 05, 2022
Ninth Circuit Invited to Sit En Banc Regarding Dischargeability of Disciplinary Costs
The Ninth Circuit again questions the Supreme Court’s ‘atextual’ analysis of Section 523(a)(7).
9th CircuitAugust 04, 2022
Caymans Recognized as the ‘COMI’ for a Property Company Operating in China
A country that was ineligible to host a nonmain foreign proceeding was nonetheless held to have the foreign main proceeding.
2nd Circuit, New York, New York Southern DistrictAugust 03, 2022
The PBGC Isn’t a ‘Triggering Creditor’ for a Section 544(b) Suit by a Trustee
If the government isn’t suing on a claim originally owing to the U.S., a trustee can’t use the six-year statute of limitations in the FDCPA.
4th Circuit, North Carolina, North Carolina Western DistrictAugust 02, 2022
Courts Disagree on a Trustee’s Ability to Use the IRS’s Longer Statute of Limitations
Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).
10th Circuit, KansasAugust 01, 2022
A Judgment for Punitive Damages Might Not Support Nondischargeability Automatically
Jury instructions and a special verdict form can determine whether issue preclusion automatically results in nondischargeability.
5th Circuit, Texas, Texas Southern DistrictJuly 29, 2022
Sometimes, a Federal Tax Lien Will Never Be Enforceable in Bankruptcy
Congress left a gap in the statute for perfecting a tax lien on personal property against someone who has no ascertainable residence.
6th Circuit, Tennessee, Tennessee Western DistrictJuly 28, 2022
A Tax Refund from Withheld Social Security Benefits Does Not Lose the Exemption
With little authority one way or the other, lower courts are split on whether Social Security benefits lose their exemption if withheld and later paid as a tax refund.
11th Circuit, Florida, Florida Middle DistrictJuly 27, 2022
No De Novo Review of Discovery Sanctions After the Reference Is Withdrawn
An adverse inference sanction for spoliation of evidence is reviewed for abuse of discretion by the district court after withdrawal of the reference.
8th Circuit, MinnesotaJuly 26, 2022
‘Admin’ Claims for 20-Day Shipments Don’t Offset the New Value Defense, Circuit Says
A shipment received by a debtor within 20 days of filing gives the creditor both an administrative claim and a new value defense to a preference, the Eleventh Circuit says.
11th Circuit