Decision by Bankruptcy Judge Michelle Harner demonstrates the flaw in the Fourth Circuit’s rule requiring parallel proceedings in bankruptcy court and in arbitration when disputes are both core and non-core.
Part-time self-employment, coupled with debt from a defunct business, qualified the debtor for reorganization under Subchapter V of chapter 11.
A chapter 13 debtor was permitted to make a fraction of the pension contributions permitted by the IRS Code.
When drafting a statute, Congress cannot ‘think of every single esoteric possibility,’ Judge Mignault says.
Dissenters in the Fourth and Fifth Circuits evidently believe that the dual U.S. Trustee/Bankruptcy Administrator system is unconstitutional.
Fourth Circuit expands federal government’s setoff rights under the Treasury Offset Program.
Serving a summons and complaint by certified mail is ineffective without a return receipt.
Only individuals in subchapter V of chapter 11 are barred from discharging debts found to be nondischargeable under Section 523(a).
Courts are split on the extent to which an affidavit of timely mailing will suffice to prove that a claim was filed.
North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).
