August 15, 2022
Res judicata can bar a claim in a later lawsuit if it wasn’t raised in bankruptcy court, given a bankruptcy court’s broad jurisdiction.
July 29, 2022
Congress left a gap in the statute for perfecting a tax lien on personal property against someone who has no ascertainable residence.
May 09, 2022
To establish constitutional standing to appeal, an appellant must seek to overturn the order below, the Sixth Circuit BAP says.
April 08, 2022
Due process considerations mean it’s not harmless error if a debtor was denied standing improperly.
March 29, 2022
A question may be headed to the Sixth Circuit, where debtors hope to create a circuit split.
March 07, 2022
In Ohio, the debtor won’t lose the homestead exemption by transferring a home to a revocable trust.
February 01, 2022
Someone who commits fraud can’t be denied a discharge for that reason alone if the debtor kept accurate books and records of the fraud.
January 18, 2022
Is a bankruptcy court improperly making federal common law in defining an exemption contrary to state law in an aspect of the exemption not explicitly covered by Section 522(d)(1)?
January 10, 2022
The BAP decision on voluntary dismissal under Rule 41 adds credence to the idea that bankruptcy courts can attach conditions to a debtor’s voluntary dismissal under Section 1307(b).
January 05, 2022
Circuit courts differ on their understanding of Supreme Court precedent and are now split 3/3 on whether a real estate tax foreclosure can be set aside as a constructive fraudulent transfer.