August 06, 2018

Penalty for Early Withdrawal from a Retirement Account Is Not a Priority Tax Claim

Two Boston judges agree: The 10% penalty for early withdrawals from a retirement account doesn’t have priority under Section 508(a)(8).

1st Circuit, Massachusetts

July 17, 2018

Constitutionality of the Puerto Rico Oversight Board Upheld in District Court

PROMESA’s authority is in the Territories Clause of the Constitution, District Judge Swain says.

1st Circuit, Puerto Rico

June 12, 2018

First Circuit Splits with the Ninth over Good Faith Defense to Discharge Violation

Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.

1st Circuit

May 25, 2018

Puerto Rico Judge Has a Third Answer to the PROMESA Automatic Stay Question

On tough automatic stay cases, let the PROMESA judge decide.

1st Circuit, Puerto Rico

May 18, 2018

Expense Reimbursements Are Included in Calculating Current Monthly Income

Income is included in calculating CMI, even if it’s not ‘stable and regular.’

1st Circuit, Massachusetts

May 17, 2018

District Judges Starkly Disagree on the Scope of the PROMESA Automatic Stay

Can plaintiffs sue Puerto Rico government officials in their individual capacities? Two district judges disagree.

1st Circuit, Puerto Rico

May 04, 2018

Puerto Rico’s District Courts Differ on the Automatic Stay Under PROMESA

Caselaw is evolving on the applicability of the automatic stay to ordinary litigation against Puerto Rico and its governmental officials.

1st Circuit, Puerto Rico

April 20, 2018

Fully Encumbered Property Is Not a Debtor’s Asset, First Circuit Says

Perplexing opinion may only apply to the status of assets before bankruptcy.

1st Circuit

April 10, 2018

Filing Date Controls Whether Residential Mortgages Can Be Modified

Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).

1st Circuit, Massachusetts

February 09, 2018

Section 108(a) Time Extension Held Not Applicable to Chapter 13 Debtors

Courts split on whether Section 108(a) extension of statutes of limitations applies to chapter 13 debtors.

1st Circuit, New Hampshire