Skip to main content

October 10, 2024

When a DIP sues a former officer, the bankruptcy ‘exception’ in a D&O policy provides coverage when the ‘insured vs. insured’ exclusion would otherwise deny coverage.

September 16, 2024

Extraordinary collection efforts do not preclude invoking the ‘ordinary course’ defense to a preference.

August 22, 2023

Looking beyond the label assigned by the Affordable Care Act, three circuits have now held that failure to pay the ‘individual mandate’ for purchasing health insurance gave rise to a tax entitled to priority in bankruptcy.

January 25, 2023

The Fourth Circuit sides with the Third on the Affordable Care Act’s ‘individual mandate.’ Majority says it was a tax measured by income, thus giving the IRS a priority tax claim.

November 15, 2022

Should the cost of employer-provided health care insurance be considered income for lower-income Americans?

May 18, 2022

The Affordable Care Act’s ‘individual mandate’ was a tax measured by income, thus giving the IRS a priority tax claim.

July 30, 2021

The $13,650 cap on priority claims for each employee under an ‘employee benefit plan’ applies to each benefit plan, not to all of an employer’s benefit plans added together, the Seventh Circuit says.

September 18, 2020

Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.

March 10, 2020

The exaction for failure to purchase health insurance isn’t an excise tax ‘on a transaction’ under Section 507(a)(8)(E)(i).

November 25, 2019

Someone forced into bankruptcy on account of medical bills will also be forced into chapter 13.