Rochellel's Daily Wire

October 27, 2016

Discharge Denied for Omitting Name of a Retirement Account

Scheduling the amount of an asset isn’t enough. The name must be shown, too.

1st Circuit

September 12, 2016

Most Courts Still Refusing to Discharge Taxes from Late-Filed Returns

Novel theory fails to persuade Boston judge to discharge taxes from late-filed returns.

1st Circuit, Massachusetts

September 12, 2016

Releases Don’t Bind a Trustee Suing on a Creditor’s Claim under Section 544(b)

Trustee evaded a release by suing on an actual creditor’s claim under Section 544(b).

1st Circuit, Massachusetts

August 26, 2016

Bondholders’ Lawsuit Enjoined by the Automatic Stay in PROMESA

Puerto Rico judge rejects constitutional attack on portions of PROMESA.

1st Circuit, Puerto Rico

August 23, 2016

Equity Didn’t Help Broker Cheated Out of His Commission by Debtor

Bad result for a broker may have been avoided by raising other issues in the First Circuit.

1st Circuit

July 18, 2016

Even if Tax Debts Are Not Discharged, Penalties Can Be, Judge Boroff Rules

‘Plain meaning’ permits discharge of some tax penalties.

1st Circuit, Massachusetts

April 22, 2016

Courts Gravitating Toward Paying Lawyers on Chapter 13 Dismissals

Chapter 13 debtor lawyers are paid when cases dismiss rather than convert.

1st Circuit

March 30, 2016

Extension Granted for Filing Claims When Case Temporarily Dismissed

First Circuit becomes first appeals court to allow more time for a claim following dismissal.

1st Circuit

March 29, 2016

Puerto Rico Enjoined from Collecting an Unconstitutional Corporate Tax

District Court trims Puerto Rico’s tax revenue by ruling in favor of Wal-Mart.

1st Circuit, Puerto Rico

March 08, 2016

Removing an Employee Benefit Plan Trustee Is Proper in District Court

Courts continue disregarding Section 704(a)(11) as grounds for jurisdiction.

1st Circuit, Puerto Rico