With little authority one way or the other, lower courts are split on whether Social Security benefits lose their exemption if withheld and later paid as a tax refund.
The circuits are split on whether a creditors’ committee may intervene as of right in adversary proceedings under Section 1109(b).
The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.
Florida district judge explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.
Sometimes, demanding a jury trial in answering a complaint comes too late to withdraw the reference.
The Eleventh Circuit has subjected its trustees to the risk of expensive litigation in a faraway court unfamiliar with what happened in the bankruptcy case.
Although the bankruptcy court has subject matter jurisdiction after confirmation, the debtor cannot show ‘good cause’ for Rule 2004 discovery if it would confer an ‘unfair strategic advantage.’
The transfer of title in a real estate foreclosure is not a transfer on account of an antecedent debt and therefore can’t be a preference, at least in Florida.
A deficiency judgment arising from foreclosure of another parcel of real estate can be avoided as an impairment of a debtor’s homestead exemption.
Judge Vaughan explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.