Unlike IRAs, Debtors Keep Inherited 401(k)s Because They Aren’t Estate Property Exemptions never come into play with inherited 401(k)s because they aren’t estate property in the first place, Judge Hodges explains. Read more about Unlike IRAs, Debtors Keep Inherited 401(k)s Because They Aren’t Estate Property
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
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
Creditor Socked with $41,000 in Sanctions for Filing Trumped-Up Criminal Charges Bankruptcy Judge Warren makes sure the sanctions won’t be dischargeable if the offending creditor files his own bankruptcy. Read more about Creditor Socked with $41,000 in Sanctions for Filing Trumped-Up Criminal Charges
Fraudulent Transfer Suit Didn’t Succeed in ‘Discharging’ Student Loans Can student loans be wiped out as fraudulent transfers that aren’t dischargeable under Section 523(a)(8)? Read more about Fraudulent Transfer Suit Didn’t Succeed in ‘Discharging’ Student Loans
Subchapter V Trustee Barred from Routine Retention of Counsel Bankruptcy Judge David Warren warns small business trustees that they won’t be compensated if they are “overzealous” or undertake “unnecessary or duplicative services.” Read more about Subchapter V Trustee Barred from Routine Retention of Counsel
Judge Kahn Finds No Constitutional Infirmities in Applying the SBRA Retroactively Because the SBRA’s foundation is chapter 11, the new statute may be applied constitutionally to rights or property interests arising before enactment. Read more about Judge Kahn Finds No Constitutional Infirmities in Applying the SBRA Retroactively
Separate Classification of a Child’s Student Loan Barred in a Chapter 13 Plan Factors in permitting separate classification of debts include moral obligation and tangible benefit. Read more about Separate Classification of a Child’s Student Loan Barred in a Chapter 13 Plan