‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages
‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.
Fraudulent Transfer Defendant Can’t Waive a Trustee’s Right to a Jury Trial
Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit.
Disposable Income Does Not Include Voluntary Retirement Plan Contributions
A chapter 13 plan is in good faith even if retirement plan contributions are 10 times more than payments to creditors.
Florida Judge Narrowly Interprets Eleventh Circuit’s Failla Decision on Surrender
Decisions to surrender aren’t made in ‘perpetuity,’ Judge Isicoff holds.
Life Insurance Proceeds Beyond 180 Days Are Estate Property in Chapter 13
Courts split on inclusion of life insurance proceeds in a chapter 13 estate.
Bank Zapped $1.3 Million for an Erroneous Estoppel Letter that Blocked a Sale
Lender assessed the costs of chapter 11 for causing an unnecessary bankruptcy.
Foreign Representatives May Bring Avoidance Suits Under State or Foreign Law
Prohibition on avoidance actions in chapter 15 only bars suits under Bankruptcy Code powers.
District Courts Collide Head-On over Maritime Liens for ‘Necessaries’
Circuit split over maritime liens appears headed for the Supreme Court.
Paying Fees from Retainers Doesn’t Require Adequate Protection for Lenders
Judge Erik Kimball explains why retainers are free of lenders’ liens.
Bankruptcy Judge Reads Husky Narrowly on Dischargeability for Fraud
For nondischargeability under Section 523(a)(2)(A), a fraudulent transfer must give rise to the debt, not occur beforehand.