Two Boston judges agree: The 10% penalty for early withdrawals from a retirement account doesn’t have priority under Section 508(a)(8).
PROMESA’s authority is in the Territories Clause of the Constitution, District Judge Swain says.
Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.
On tough automatic stay cases, let the PROMESA judge decide.
Income is included in calculating CMI, even if it’s not ‘stable and regular.’
Can plaintiffs sue Puerto Rico government officials in their individual capacities? Two district judges disagree.
Caselaw is evolving on the applicability of the automatic stay to ordinary litigation against Puerto Rico and its governmental officials.
Perplexing opinion may only apply to the status of assets before bankruptcy.
Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).
Courts split on whether Section 108(a) extension of statutes of limitations applies to chapter 13 debtors.
