Consumer Bankruptcy | ABI

Split Grows on Dischargeability of Tax Liability on Late-Filed Returns

Nashville judge holds that late-filed tax debt can sometimes be discharged.

Court :

Tennessee Middle District

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.

Court :

Magistrate Masterfully Describes Permissible Claims for Violating Discharge Injunction

Contempt and FDCPA claims can coexist in one suit in district court.

Court :

Alabama Northern District

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.

Court :

Judge Ameliorates Louisiana’s Stingy ‘All or Nothing’ Exemption for Wedding Rings

Exemption value to be decided at a ‘one-shot’ public auction.

Court :

Louisiana Western District

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.

Court :

Wednesday, September 7, 2016

Article Tags

Consumer Bankruptcy

Business Reorganization

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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.

Court :

Pennsylvania Eastern District

Chapter 13 Plan Ok’d with Balloon Payment for Secured Lender

Georgia judge parts with ‘overwhelming majority’ of decisions precluding balloon payments.

Court :

Georgia Middle District

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.

Court :

Florida Southern District

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