The Refund of an Early Withdrawal Penalty from an IRA Was Held Exempt
Although not held in an IRA, a refund by the IRS of a withdrawal penalty was exempt because state law permits tracing proceeds of exemptions, Judge Opperman says.
Bartenwerfer Isn’t at Odds with Husky, According to Bankruptcy Judge Margaret Mann
A transferor’s fraudulent intent isn’t imputed to the transferee to make the transferee’s debt nondischargeable for ‘actual fraud.’
BAP Gives Post-Petition Appreciation to Chapter 7 Estate on Conversion from Chapter 13
In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.
As if by Magic, Section 1412 Transforms an Improper Venue into a Proper Venue
A judge sitting in a proper venue may transfer venue to a district that was improper originally.
District Judge Reads the Safe Harbor Broadly to Immunize a Leveraged Buyout
Although a stock purchase and a loan payoff were one month apart, a district judge in Indiana found a sufficient nexus to invoke the safe harbor and dismiss a fraudulent transfer suit.
Courts Split on Plan Amendments Requiring Substantial, Unanticipated Changes
Eighth Circuit BAP ‘at a minimum’ requires substantial changes in financial condition for a debtor to modify a confirmed chapter 12 plan.
Second Circuit Reverses, Reinstates Purdue’s Nondebtor, Third-Party Releases
The concurring opinion, which is really a dissent, urges the Supreme Court to grant certiorari and resolve the split of circuits on nondebtor releases.
Supreme Court Holds that Real Estate Tax Foreclosures Can Violate the Takings Clause
The high court’s ruling on the Takings Clause also seems to mean that real estate tax foreclosures can be avoided as constructively fraudulent transfers.
Lack of a Common Plan or Scheme Means It Isn’t Single Asset Real Estate
A two-story commercial condominium wasn’t ‘single asset real estate,’ Judge Mastando holds.
Do Debtors Get to Keep Post-Confirmation Windfalls in Chapter 13?
Chapter 13 scholar Keith Lundin believes that debtors retain inheritances acquired more than 180 days after filing.