Ninth Circuit Takes a Hard Line Against Waiving Discharge Inadvertently
The Ninth Circuit may be backing off from Ybarra, a case that waives discharge for attorneys’ fees if the debtor ‘returns to the fray.’
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Fifth Circuit Rules that the Penalty under the ACA Isn’t a Priority Tax Claim
The exaction for failure to purchase health insurance isn’t an excise tax ‘on a transaction’ under Section 507(a)(8)(E)(i).
Eleventh Circuit Opinion Shows Taggart’s Effect on Discharge Contempt Disputes
Taggart allows a court to deny a contempt motion without deciding whether the creditor’s action actually violated the discharge injunction.
Supreme Court Bans Nunc Pro Tunc Orders
Despite the high court’s ban on nunc pro tunc orders, may bankruptcy courts make their orders retroactive?
District of Columbia Rejects the Jewel Doctrine, Joining California and New York
Lawyers leaving a bankrupt firm are not required to pay over profits on hourly matters they take to their new firms.
Second Circuit Again Applies the ‘Safe Harbor’ to Protect Selling Shareholders in an LBO
The Supreme Court’s Merit Management opinion fails to persuade the Second Circuit to change the result in Tribune.
Divided Fifth Circuit Again Permits Third-Party Injunctions in Stanford Receivership
Fifth Circuit should decide en banc whether nondebtor releases are permissible in receiverships but not in bankruptcy cases.
The Texas UFTA Has No ‘Futility Defense’ When a Transferee Is on Inquiry Notice
The Texas UFTA Has No ‘Futility Defense’ When a Transferee Is on Inquiry Notice
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.
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.