Split Grows on Dischargeability of Tax Liability on Late-Filed Returns
Nashville judge holds that late-filed tax debt can sometimes be discharged.
Judge Name - Do not use it.
Waverly D. Crenshaw, Jr.
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Regularly Conducted Tax Sales Cannot Be Fraudulent Transfer, Ninth Circuit Holds
Ninth Circuit joins two other circuits in extending BFP from foreclosures to tax sales.
Judge Name - Do not use it.
Richard R. Clifton
Magistrate Masterfully Describes Permissible Claims for Violating Discharge Injunction
Contempt and FDCPA claims can coexist in one suit in district court.
Judge Name - Do not use it.
John H. England, III
Most Courts Still Refusing to Discharge Taxes from Late-Filed Returns
Novel theory fails to persuade Boston judge to discharge taxes from late-filed returns.
Judge Name - Do not use it.
William G. Young
Judge Ameliorates Louisiana’s Stingy ‘All or Nothing’ Exemption for Wedding Rings
Exemption value to be decided at a ‘one-shot’ public auction.
Judge Name - Do not use it.
Jeffrey P. Norman
District Judge May Have Split with Ninth Circuit BAP on Estate Property
Subprime loan and mortgage abuses generate interesting question worthy of a law school final exam.
Judge Name - Do not use it.
Mark W. Bennett and Meredith A. Jury
August Business Filings Increase 28 Percent from Previous Year, Total Filings Up 1 Percent
Total U.S. commercial bankruptcy filings increased 28 percent in August 2016 over August of last year, according to data provided by Epiq Systems, Inc. Commercial filings totaled 3,199 in August 2016, up from the August 2015 total of 2,491. August is the tenth consecutive month with a year-over-year increase in commercial filings. However, total commercial chapter 11 filings decreased in August 2016, as the 362 filings were 32 percent less than the 534 commercial chapter 11 filings registered in August 2015. Total bankruptcy filings increased 1 percent to 68,495 in August 2016, slightly up from the August 2015 total of 67,777. Consumer filings were 65,296, also slightly up from the August 2015 consumer filing total of 65,286.
Punitive Damage Claim from Involuntary Dismissal Brings Jury Trial Rights
Section 303(i)(2) claim, similar to malicious prosecution, invokes Seventh Amendment jury trial rights.
Judge Name - Do not use it.
Cynthia M. Rufe
Chapter 13 Plan Ok’d with Balloon Payment for Secured Lender
Georgia judge parts with ‘overwhelming majority’ of decisions precluding balloon payments.
Judge Name - Do not use it.
Austin E. Carter
Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years
Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.
Judge Name - Do not use it.
Robert A. Mark