Treasury Offset Program Can’t Be Used After Bankruptcy, District Judge Says Now on the district court bench, then-Bankruptcy Judge Frank Volk was upheld in a tricky case involving the government’s right of setoff. Read more about Treasury Offset Program Can’t Be Used After Bankruptcy, District Judge Says
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
Even a $3 Million Claim for Severance Is Exempt in Illinois as Wages, Easterbrook Says Pleas to injustice and unfairness failed to persuade the Seventh Circuit to depart from a state law exemption for wages. Read more about Even a $3 Million Claim for Severance Is Exempt in Illinois as Wages, Easterbrook Says
An Inherited IRA Can Be Exempt Under State Law When It’s Not in Section 522(b)(3)(C) A divided Rhode Island Supreme Court ruled that an inherited IRA, not exempt under federal law, is exempt under state law. Read more about An Inherited IRA Can Be Exempt Under State Law When It’s Not in Section 522(b)(3)(C)
Fifth Circuit Creates a Circuit Split on Stay Termination for Repeat Filers Disagreeing with a decision by the First Circuit last December, the Fifth Circuit rules that the ‘plain language’ in Section 362(c)(3)(A) does not terminate the automatic stay as to estate property 30 days after the second filing within one year. Read more about Fifth Circuit Creates a Circuit Split on Stay Termination for Repeat Filers