September 25, 2019
Courts are split on whether chapter 13 debtors may deduct voluntary contributions to retirement accounts from ‘disposable income.’
September 24, 2019
Seventh Circuit splits with other circuits on basis for jurisdiction to determine the amount of a tax.
September 23, 2019
Continuing the business after buying the assets from the lender at a foreclosure sale doesn’t bring successor liability.
September 20, 2019
Professing to follow Ritzen, Sixth Circuit BAP reverts to a more pragmatic approach to ‘finality.’
September 19, 2019
3rd Circuit , Delaware ,
Judges Stark and Carey from Delaware distinguish between prohibiting the power and the right to assign a claim.
September 18, 2019
Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.
September 17, 2019
Discovery abuse in a prior lawsuit can result in nondischargeability in a later bankruptcy.
September 16, 2019
Seventh Circuit holds that a financing statement is sufficient if it describes collateral by reference to an unattached security agreement.
September 13, 2019
‘Conceivable effect’ test for ‘related to’ jurisdiction continues to apply to liquidating trusts after confirmation of a chapter 11 plan.
September 12, 2019
Judge Hoffman’s analysis comports with the ABI Commission’s recommendations for improvements in lease assumptions by chapter 7 debtors under Section 365(p).