November 18, 2022
When avoiding a judgment lien under Section 522(f), state law cannot dictate that the amount of the exemption is the amount in effect when the lien was created.
November 17, 2022
Legal malpractice claims can be either tort or contract claims, the Second Circuit explains.
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).
November 15, 2022
9th Circuit , Idaho ,
Should the cost of employer-provided health care insurance be considered income for lower-income Americans?
November 14, 2022
The Second Circuit essentially reissued its original decision from last year by again requiring the U.S. Trustee to refund the overpayment of unconstitutional fees.
November 11, 2022
Subsequent transferees of Madoff’s fraudulent transfers won’t have an interlocutory appeal from denial of their motions to dismiss.
November 10, 2022
One month apart, two judges in New York differed on the extent to which they permitted redactions of information about creditors, their identities and addresses.
November 9, 2022
A plan longer than five years must revert to a five-year plan now that Congress has allowed Section 1329(d) to expire, Judge Hanan says.
November 8, 2022
Ninth Circuit BAP interprets Taylor and Schwab to mean that a trustee cannot revisit the value of an exempt asset if the debtor claimed ‘100% of FMV’ and there was no timely objection.
November 7, 2022
Harris v. Viegelahn bars any payment by a chapter 13 trustee after conversion, not just payments to creditors, Judge LaShonda Hunt says.