Survivor in a Merger Can’t Sue for a Preference Made by a Dissolved Entity Plain language of Section 547 defeated what could have been an easily avoided preference. Judge Name - Do not use it. David M. Warren Read more about Survivor in a Merger Can’t Sue for a Preference Made by a Dissolved Entity
Requiring Conduit Mortgage Payments Is Ok Despite Costing the Debtor $5,300 Bankruptcy judge says a chapter 13 debtor receives ‘several benefits’ from paying 8% in commissions on mortgage payments through the trustee. Judge Name - Do not use it. Stephani W. Humrickhouse Read more about Requiring Conduit Mortgage Payments Is Ok Despite Costing the Debtor $5,300
Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code. Judge Name - Do not use it. Stephani W. Humrickhouse Read more about Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim
Courts Split on Allowing Credit Counseling on the Same Day but After Filing Judge follows statutory language that didn’t achieve the result Congress intended. Judge Name - Do not use it. Laura T. Beyer Read more about Courts Split on Allowing Credit Counseling on the Same Day but After Filing
Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable ‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law. Judge Name - Do not use it. Joseph N. Callaway Read more about Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable
Litigation Funding Could Be Champertous in Some States Financing litigation is champertous if the lender exercises control. Judge Name - Do not use it. J. Craig Whitley Read more about Litigation Funding Could Be Champertous in Some States
Government’s Common Law Fraud Suit Excepted from Automatic Stay Automatic stay nonetheless may preclude collecting judgment from estate property. Judge Name - Do not use it. Stephani W. Humrickhouse Read more about Government’s Common Law Fraud Suit Excepted from Automatic Stay
Evidence Rule Gives Wide Latitude for a Homeowner’s Opinion on Value Evidence Rule 701 requires the homeowner’s opinion on value, not someone else’s. Judge Name - Do not use it. Louise W. Flanagan Read more about Evidence Rule Gives Wide Latitude for a Homeowner’s Opinion on Value
No Superpriority Claim for Fully Secured Lender’s Post-Petition Interest Superpriority claim only ensures recovery of filing day interest and principal. Judge Name - Do not use it. Louise W. Flanagan Read more about No Superpriority Claim for Fully Secured Lender’s Post-Petition Interest
Judge Closes Loophole to Prevent Discharging Pre-Conversion Condo Charges Debtors once again stuck paying post-filing condo charges on abandoned home. Judge Name - Do not use it. Stephanie W. Humrickhouse Read more about Judge Closes Loophole to Prevent Discharging Pre-Conversion Condo Charges