Debt from a Defunct Business Can Help to Qualify for Subchapter V Part-time self-employment, coupled with debt from a defunct business, qualified the debtor for reorganization under Subchapter V of chapter 11. Read more about Debt from a Defunct Business Can Help to Qualify for Subchapter V
Chapter 13 Debtor May (Sometimes) Contribute to Retirement Plans A chapter 13 debtor was permitted to make a fraction of the pension contributions permitted by the IRS Code. Read more about Chapter 13 Debtor May (Sometimes) Contribute to Retirement Plans
West Virginia Judge Allows Conversion to Subchapter V After Deadlines Passed When drafting a statute, Congress cannot ‘think of every single esoteric possibility,’ Judge Mignault says. Read more about West Virginia Judge Allows Conversion to Subchapter V After Deadlines Passed
Another Circuit Upholds the 2018 Increase in U.S. Trustee Fees Dissenters in the Fourth and Fifth Circuits evidently believe that the dual U.S. Trustee/Bankruptcy Administrator system is unconstitutional. Read more about Another Circuit Upholds the 2018 Increase in U.S. Trustee Fees
Fourth Circuit Seems to Give the Government a Pass for Violating the Stay Fourth Circuit expands federal government’s setoff rights under the Treasury Offset Program. Read more about Fourth Circuit Seems to Give the Government a Pass for Violating the Stay
Certified Mail Can Be an Inferior Method for Serving a Summons and Complaint Serving a summons and complaint by certified mail is ineffective without a return receipt. Read more about Certified Mail Can Be an Inferior Method for Serving a Summons and Complaint
Corporate Debtors in Subchapter V May Discharge Nondischargeable Debts Only individuals in subchapter V of chapter 11 are barred from discharging debts found to be nondischargeable under Section 523(a). Read more about Corporate Debtors in Subchapter V May Discharge Nondischargeable Debts
The Mailbox Presumption Won’t Deem a Claim to Have Been Timely Filed Courts are split on the extent to which an affidavit of timely mailing will suffice to prove that a claim was filed. Read more about The Mailbox Presumption Won’t Deem a Claim to Have Been Timely Filed
Split Widens on Trustee’s Ability to Use the IRS’s Longer Statute of Limitations North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1). Read more about Split Widens on Trustee’s Ability to Use the IRS’s Longer Statute of Limitations
Unrepentant Lender Slammed with $260,000 in Damages for an ‘Egregious’ Stay Violation Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation. Read more about Unrepentant Lender Slammed with $260,000 in Damages for an ‘Egregious’ Stay Violation