Consumer Bankruptcy

Penalty for Early Withdrawal from a Retirement Account Is Not a Priority Tax Claim

Two Boston judges agree: The 10% penalty for early withdrawals from a retirement account doesn’t have priority under Section 508(a)(8).

Property that Lost Exempt Status Goes to the Chapter 13 Debtor on Voluntary Dismissal

Fifth Circuit Draws on Harris v. Viegelahn to revest all property in the chapter 13 debtor on dismissal.

Covenant Not to Compete Survives a Chapter 7 Discharge, Judge Nugent Says

Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable.

Punitive Damages under Section 303(i) Can’t Be Offset, Third Circuit Says

One involuntary petition dismissed in bankruptcy court has now spawned three important opinions at the circuit level.

Inside ABI August 2018

Aug 2018

Judicial Round-and-Round

A Convert Joins the Minority Interpretation of the Repeat-Filing Stay Termination

Bankruptcy Judge Colleen A. Brown of Burlington, Vt., changes her position on Section 362(c)(3)(A).

Tax Foreclosure in New York Can Be a Fraudulent Transfer, District Judge Says

The Supreme Court’s BFP opinion on mortgage foreclosures held not applicable to tax foreclosures in New York.