Statutory Basis Explained for Deferring Rent in Response to the Coronavirus Section 365(d)(3) doesn’t contain a remedy for failure to pay rent on time, Judge Huennekens says. Read more about Statutory Basis Explained for Deferring Rent in Response to the Coronavirus
Supreme Court Grants ‘Cert’ to Decide Whether Inaction Violates the Automatic Stay Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation. Read more about Supreme Court Grants ‘Cert’ to Decide Whether Inaction Violates the Automatic Stay
Support for Indigent Extended Family Cut Off in Chapter 13, but Life Insurance Wasn’t Chapter 13 forces judges to micromanage the lives of debtors. Read more about Support for Indigent Extended Family Cut Off in Chapter 13, but Life Insurance Wasn’t
One Owner May Strip a Lien Off Property Owned JTWROS, Judge Huennekens Says Courts disagree on lien stripping by one owner of entireties property and jointly owned property. Read more about One Owner May Strip a Lien Off Property Owned JTWROS, Judge Huennekens Says
Another Appellate Court Bars Arbitration of ‘Core’ Claims State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws. Read more about Another Appellate Court Bars Arbitration of ‘Core’ Claims
One Preference Won’t Prevent Another from Being a Preference A joint check agreement signed in the preference window is a preference, two Virginia judges say. Judge Name - Do not use it. Leonie M. Brinkema Read more about One Preference Won’t Prevent Another from Being a Preference
Exemption Claim Overrides the Government’s Right of Setoff, District Judge Says Courts are divided when an exemption claim collides with the government’s right of setoff. Judge Name - Do not use it. M. Hannah Lauck Read more about Exemption Claim Overrides the Government’s Right of Setoff, District Judge Says
Courts Shifting to Say Corporate ‘S’ Status Is Not Property Virginia judge sides with Third Circuit to hold that ‘S’ status is not a corporate debtor’s property. Judge Name - Do not use it. Kevin R. Huennekens Read more about Courts Shifting to Say Corporate ‘S’ Status Is Not Property
Section 106 Waivers of Sovereign Immunity May Be Unconstitutional Sometimes Patriot Coal decision analyzes Supreme Court authorities on sovereign immunity. Judge Name - Do not use it. Keith L. Phillips Read more about Section 106 Waivers of Sovereign Immunity May Be Unconstitutional Sometimes
Exhausting Administrative Remedies Is No Prerequisite to Bankruptcy Jurisdiction Exhaustion of state and federal administrative remedies are not the same, judge says. Judge Name - Do not use it. Kevin R. Huennekens Read more about Exhausting Administrative Remedies Is No Prerequisite to Bankruptcy Jurisdiction