January 25, 2023
The Fourth Circuit sides with the Third on the Affordable Care Act’s ‘individual mandate.’ Majority says it was a tax measured by income, thus giving the IRS a priority tax claim.
January 12, 2023
Adroitly drafting a chapter 11 plan may avoid having a liquidating trust pay quarterly fees to the U.S. Trustee.
January 9, 2023
All three courts to confront the question have now ordered the government to refund overpayments of U.S. Trustee fees.
December 22, 2022
Writs of execution and supplemental proceedings, not turnover actions, are the methods for enforcing a money judgment, Bankruptcy Judge Warren says.
November 21, 2022
In South Carolina, taking title to property jointly with a spouse can be an avoidable gift under the Statute of Elizabeth.
October 12, 2022
Counsel run the risk of being paid lower local rates in ‘mega’ cases filed in the Eastern District of Virginia.
September 27, 2022
The automatic stay does not bar increasing authorized shares when the debtor is a minority shareholder.
August 3, 2022
If the government isn’t suing on a claim originally owing to the U.S., a trustee can’t use the six-year statute of limitations in the FDCPA.
June 10, 2022
Both individuals and corporations in subchapter V of chapter 11 are barred from discharging debts that are nondischargeable under Section 523(a).
April 29, 2022
Circuit refuses to make an exception for trustees regarding the judge-made doctrine of in pari delicto.