Split Widens on Trustee’s Ability to Use the IRS’s Longer Statute of Limitations
North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).
Unrepentant Lender Slammed with $260,000 in Damages for an ‘Egregious’ Stay Violation
Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.
Creditor Socked with $41,000 in Sanctions for Filing Trumped-Up Criminal Charges
Bankruptcy Judge Warren makes sure the sanctions won’t be dischargeable if the offending creditor files his own bankruptcy.
Fraudulent Transfer Suit Didn’t Succeed in ‘Discharging’ Student Loans
Can student loans be wiped out as fraudulent transfers that aren’t dischargeable under Section 523(a)(8)?
Three Judges Permit Redesignation under the SBRA, But with Qualifications
The SBRA can be used to extinguish a creditors’ committee previously appointed in a ‘traditional’ chapter 11 case.
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Appeal Heads Toward the Fourth Circuit on Arbitration of Discharge Violations
Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.
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Subchapter V Trustee Barred from Routine Retention of Counsel
Bankruptcy Judge David Warren warns small business trustees that they won’t be compensated if they are “overzealous” or undertake “unnecessary or duplicative services.”
Setoff Rights of the IRS Prevail over a Debtor’s Attempt to Exempt a Tax Refund
Fourth Circuit answered a question of first impression where the lower courts disagreed.
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Statutory Basis Explained for Deferring Rent in Response to the Coronavirus
Section 365(d)(3) doesn’t contain a remedy for failure to pay rent on time, Judge Huennekens says.
Currently Conducting Business Isn’t Required to Qualify for the SBRA
Dealing with the debt left over from a defunct business is enough to qualify as a small business debtor under the new subchapter V of chapter 11, Judge Burris rules.
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