Sixth Circuit BAP Gives Priority Status to Obamacare’s Individual Mandate Penalty
A question may be headed to the Sixth Circuit, where debtors hope to create a circuit split.
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Fraudulent Transfers to Revocable Trusts May or May Not Zap Homestead Exemptions
In Ohio, the debtor won’t lose the homestead exemption by transferring a home to a revocable trust.
Section 727(a)(3) Isn’t a Catchall Denying Discharge for All Manner of Fraud
Someone who commits fraud can’t be denied a discharge for that reason alone if the debtor kept accurate books and records of the fraud.
Homestead Proceeds May Be Exempt Under State Law but Not Under Federal Exemptions
Is a bankruptcy court improperly making federal common law in defining an exemption contrary to state law in an aspect of the exemption not explicitly covered by Section 522(d)(1)?
BAP Says that a Rule 41 Voluntary Dismissal Can Incorporate Discovery Sanctions
The BAP decision on voluntary dismissal under Rule 41 adds credence to the idea that bankruptcy courts can attach conditions to a debtor’s voluntary dismissal under Section 1307(b).
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Split Grows on Barring Fraudulent Transfer Attacks on Real Estate Tax Foreclosures
Circuit courts differ on their understanding of Supreme Court precedent and are now split 3/3 on whether a real estate tax foreclosure can be set aside as a constructive fraudulent transfer.
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Circuit Judge Finds No Constitutional or Statutory Right to Free PACER Access
At the courthouse, the public is only entitled to free access to papers filed in that district.
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Taggart Means No Strict Liability for Violating a Corporate Debtor’s Automatic Stay
Persuasive authority is required before a creditor can be held in contempt for violating the automatic stay protecting a corporate debtor.
Bifurcated Fee Arrangements Barred in Western District of Kentucky
Curiously, bifurcated fee arrangements are sometimes permitted in the Eastern District of Kentucky.
Sixth Circuit Erects Barriers to FDCPA Suits by Consumers in a 2/1 Opinion
A statutory violation by itself won’t necessarily give a plaintiff constitutional standing.
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