The exaction for failure to purchase health insurance under the ACA is a tax for constitutional purposes but not a tax under the Bankruptcy Code, New Orleans judge rules.
Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
In the Fifth Circuit, chapter 7 trustees lock in higher compensation.
The Fifth Circuit is being asked to decide whether loan structuring can prevent a borrower from filing bankruptcy.
Losing its patience with late-filed appeals, the Fifth Circuit is close to making significant sanctions automatic.
Removing and discharging a trustee are not synonymous, Houston judge rules.
To avoid dismissal, a complaint must allege each officer’s acts that breached fiduciary duty.
Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien.
Court shows antipathy to all theories seeking allowance of fees incurred in collecting fees.