January 13, 2022
The Eleventh Circuit opinion has important dicta on whether or not the tort of ‘continuous trespass’ exists in New York.
11th Circuit
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).
6th Circuit
January 07, 2022
The EITC and the ACTC are both exempt in states with broadly defined “public assistance,” the Ninth Circuit BAP says.
9th Circuit
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.
6th Circuit
December 22, 2021
At the courthouse, the public is only entitled to free access to papers filed in that district.
6th Circuit
December 14, 2021
Interpreting the hanging paragraph in Section 523(a), the Ninth Circuit sticks to the Beard test in deciding whether something is close enough to a tax return to justify discharging a tax debt.
9th Circuit
December 13, 2021
District judge in Colorado sides with the majority and doesn’t allow a chapter 13 trustee to be paid if dismissal occurs before plan confirmation.
10th Circuit, Colorado
December 11, 2021
Despite Fulton, a Chicago bankruptcy judge rules that the City of Chicago might have violated Section 362(a)(4), (a)(6) or (a)(7) by refusing to release impounded cars immediately after a debtor files a chapter 13 petition.
7th Circuit, Illinois, Illinois Northern District
December 10, 2021
A panel of the Ninth Circuit implicitly urged en banc reversal of two decisions holding that a homestead exemption is lost if the proceeds are not reinvested within the time required by state law, even if the exemption was valid on the filing date.
9th Circuit
December 09, 2021
Treaties disagree on whether interest is required in 100% chapter 13 plans when the debtor is not devoting all disposable income to the plan.
4th Circuit, South Carolina
