September 18, 2019
New Jersey Tax Foreclosures Can Be Preferences, Third Circuit Rules
Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.
3rd Circuit, New JerseySeptember 17, 2019
Second Circuit Explains when Default Judgments Qualify for Issue Preclusion
Discovery abuse in a prior lawsuit can result in nondischargeability in a later bankruptcy.
2nd CircuitSeptember 09, 2019
Ninth Circuit Sides with the FDIC over Ownership of Tax Refunds
An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.
9th CircuitSeptember 05, 2019
Fifth Circuit Invokes ‘Policies’ in Ruling on Subordination under Section 510(b)
Policy informs the result when the statutory language is ambiguous.
5th CircuitAugust 23, 2019
Debt Discharged in Prior Chapter 7 Isn’t Counted in Later Chapter 13 Eligibility
In calculating eligibility for chapter 13, Judge Nevins in Connecticut differs from some other bankruptcy judges in the Second Circuit.
August 22, 2019
Homestead Exemption Upheld on a House Neither Taxed nor Zoned for Residential Use
Occupancy and intent to be a permanent residence are all that’s needed for a homestead exemption, even if the house violates local ordinances.
11th CircuitAugust 15, 2019
Fourth Circuit Widens the Split on Judicial Estoppel’s Bad Faith Presumption
A debtor’s assertion of estate claims implicates ‘real party in interest,’ not Article III standing, circuit court says.
August 13, 2019
Eighth Circuit Upholds Backstopped Rights Offerings for Chapter 11 Plans
Appeals court laudably provides guidance for lower courts by ruling on the merits of a chapter 11 plan and not dismissing an appeal for being equitably moot.
8th CircuitAugust 08, 2019
Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive
BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.’
9th CircuitAugust 08, 2019
Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive
BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.
9th Circuit