California Judge Fixes Discharge Deadline for Late-Filing Tax Penalty Bankruptcy mavens, take note: Late-filing fines for tax returns kick in Oct. 15. Judge Name - Do not use it. Vince Chhabria Read more about California Judge Fixes Discharge Deadline for Late-Filing Tax Penalty
Arbitration Clause Nixes Class Suit for an Automatic Stay Violation Enforcing arbitration clause turns on core vs. non-core distinction. Judge Name - Do not use it. Michael H. Simon Read more about Arbitration Clause Nixes Class Suit for an Automatic Stay Violation
Split 9th Circuit BAP Exempts Adoption Payments from Disposable Income in Chapter 13 9th Circuit BAP opinion broadly puts welfare payments beyond reach of chapter 13 creditors. Judge Name - Do not use it. Robert J. Faris Read more about Split 9th Circuit BAP Exempts Adoption Payments from Disposable Income in Chapter 13
Purchaser of Life Insurance Policy Can Be Sued for Fraudulent Transfer Ninth Circuit gets it right on life insurance policies being property of the estate. Judge Name - Do not use it. Sidney R. Thomas Read more about Purchaser of Life Insurance Policy Can Be Sued for Fraudulent Transfer
Circuit Holds that Possession Alone Is No Grounds for Alleging a Stay Violation Debatable Ninth Circuit opinion begs for rehearing en banc or for certiorari petition. Judge Name - Do not use it. Johnnie B. Rawlinson Read more about Circuit Holds that Possession Alone Is No Grounds for Alleging a Stay Violation
Trustee Not Required to Investigate Claimed Exemption for Timely Fraud Objection BAP makes life easier on trustee in objecting to exemptions. Judge Name - Do not use it. Robert J. Faris Read more about Trustee Not Required to Investigate Claimed Exemption for Timely Fraud Objection
Stripped-Off Mortgages Don’t Count Toward Chapter 13 Unsecured Debt Limits Ninth Circuit BAP removes another potential barrier to using “chapter 20.” Judge Name - Do not use it. Meredith A. Jury Read more about Stripped-Off Mortgages Don’t Count Toward Chapter 13 Unsecured Debt Limits
Ninth Circuit BAP Splits with Three Circuits on Dischargeablity of Tax Debts Gutsy Ninth Circuit BAP importunes the Supreme Court to rule on late-filed tax returns. Judge Name - Do not use it. Frank L. Kurtz Read more about Ninth Circuit BAP Splits with Three Circuits on Dischargeablity of Tax Debts
Ninth Circuit Won’t Protect Purchasers with Equitable Mootness The Ninth Circuit provides another reason to avoid reorganizing on the west coast. Judge Name - Do not use it. Michelle T. Friedland Read more about Ninth Circuit Won’t Protect Purchasers with Equitable Mootness