July 9, 2020
The Seventh Circuit opinion raises the question of whether (or when) a court may restrict the use of a provision in a chapter 13 plan that Section 1322(b) permits.
June 26, 2020
Is Taggart just a defense that can be waived, or must a debtor plead and prove ‘no objectively reasonable basis’ in a motion for contempt of discharge?
June 2, 2020
Magistrate judge decided that the regulatory power exception to the automatic stay allows the EEOC to proceed, but he stayed the suit by the former employee seeking damages.
May 18, 2020
Fourth Circuit answered a question of first impression where the lower courts disagreed.
May 12, 2020
Global warming claims were discharged even though the chapter 11 plan did not discharge claims under environmental laws.
March 27, 2020
Environmental fines are discharged in chapter 11 because they do not result from pecuniary loss.
March 25, 2020
The Supreme Court uses a copyright case to explain why the bankruptcy exception to states’ sovereign immunity is unique under the Constitution.
March 10, 2020
The exaction for failure to purchase health insurance isn’t an excise tax ‘on a transaction’ under Section 507(a)(8)(E)(i).
March 9, 2020
Pending adversary proceedings don’t preclude a finding that the chapter 11 case has been ‘fully administered,’ thus allowing entry of a final decree and cutting off further fees owing to the U.S. Trustee Program.
March 5, 2020
Sovereign immunity won’t prevent the bankruptcy court from extinguishing a state’s easement over a debtor’s property.