February 10, 2023
To avoid automatic nondischargeability, the debtor in the settlement of a fraud suit must deny liability.
February 1, 2023
Although a UCC lien on ‘accounts’ would attach outside of bankruptcy to proceeds from the sale of real property, Section 552(b) cuts off attachment if the sale occurs after filing
November 16, 2022
The Fourth Circuit had recently held that both individuals and corporations in subchapter V of chapter 11 are barred from discharging debts that are nondischargeable under Section 523(a).
October 31, 2022
The IRS and Census methods for determining the size of a ‘household’ undercount or overcount economic realities, judge says.
October 14, 2022
Once the debtor loses the right to do business, taking customers for no consideration isn’t a fraudulent transfer, Judge Isgur holds.
October 3, 2022
Texas judge rules in favor of the debtor on an issue similar to the question coming before the Supreme Court in Bartenwerfer.
August 1, 2022
Jury instructions and a special verdict form can determine whether issue preclusion automatically results in nondischargeability.
July 22, 2022
When a secured lender credit bids, a buyer’s premium can be a legitimate surcharge against the lender’s collateral, Judge Rodriguez says.
June 27, 2022
Death is a reason for waiving the requirement for completing a financial management course.
June 14, 2022
Status as a ‘known’ or ‘unknown’ creditor misses the point when a lease was either assumed or rode through the chapter 11 case, Judge Jernigan says.