Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection
Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.
Debtor Must Turn Over a Portion of Accrued Vacation Pay to the Trustee, District Judge Holds
The value of prepaid family expenses belongs to the trustee, even without being a fraudulent transfer.
Circuits Split on Enjoining the IRS from Pursuing Corporate Officer to Collect Taxes
Puerto Rico judge sides with the Third Circuit by upholding the Anti-Injunction Act in bankruptcy cases.
Narrow Ipso Facto Clauses Can Be Unenforceable
Code provisions voiding ipso facto clauses are interpreted broadly.
A Debt Purchaser Is Not a ‘Debt Collector’ Regulated by the FDCPA, Supreme Court Holds
Justice Gorsuch’s maiden opinion is a unanimous decision favoring debt purchasers.
Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property
District judge refuses to give automatic stay protection to a tax evader.
Third Circuit Harmonizes Law v. Siegel with Marrama
Marrama permits relief that’s not explicitly prohibited by the Code, even if policies shown in the statute suggest otherwise.
Retention of Jurisdiction by Itself Does Not Confer Subject Matter Jurisdiction, Circuit Holds
First Circuit narrowly interprets ‘arising in’ jurisdiction.
Third Circuit Permits Last Chapter 13 Plan Payment Beyond 60 Months
Two circuits allow discretion for non-culpable debtor to make payment after five years.
Fictitious Profits Are Also Ignored on Inter-Account Transfers, Second Circuit Says
Madoff trustee’s newest appellate victory again disregards fictitious profits.