March 29, 2021
Splitting with the Sixth Circuit, Pittsburgh district judge rules that a FLSA suit falls within the ‘police and regulatory’ exception to the automatic stay.
March 26, 2021
District judge in Indiana holds that the automatic stay only ends as to the debtor’s property after a repeat filing, not also as to estate property.
March 25, 2021
Serving a summons and complaint by certified mail is ineffective without a return receipt.
March 24, 2021
4th Circuit , Maryland ,
Only individuals in subchapter V of chapter 11 are barred from discharging debts found to be nondischargeable under Section 523(a).
March 23, 2021
A triangular setoff valid under state law does not satisfy the mutuality requirement in Section 553(a).
March 22, 2021
10th Circuit , Kansas ,
Eligibility for an income-based repayment program is relevant only on the third Brunner test regarding good faith.
March 19, 2021
Intending to reside permanently in the U.S. won’t qualify someone for a Florida homestead exemption unless the debtor is entitled to permanent residency.
March 18, 2021
The Third Circuit found loopholes in the purchase agreement permitting the buyer to assert an administrative claim, even though the breakup fee was disallowed.
March 17, 2021
Second Circuit insinuates that “undue hardship” and the Brunner test are synonymous.
March 16, 2021
Despite several errors about the safe harbor, the government recommends that the Supreme Court deny certiorari in Tribune.