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Louisiana

Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim

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.

Counsel Must Eat Filing Fees in ‘No-Money-Down’ Chapter 13s

Lawyers can’t be reimbursed for advancing filing fees through fee applications or ‘no-look’ fees.

After Chapter 13 Dismissal, Counsel Fees Aren’t Paid

Harris v. Viegelahn extended from chapter 13 conversions to dismissals.

Courts Split on Retention of Property on Individual’s Conversion from Chapter 11 to 7

Ninth Circuit BAP is a better venue for individuals converting from ‘11’ to ‘7.’

Salary Paid for Poor Performance Is No Fraudulent Transfer

Conclusory allegation about insolvency doesn’t overcome a 10-K showing solvency.

Trustee Gets No Fee on Insurance Proceeds Paid to Secured Lender

District judge prescribes local rule for bankruptcy courts.

Even Without Implied Repeal, Filing a Stale Claim Does Not Violate the FDCPA

Louisiana bankruptcy judge splits with Eleventh Circuit’s Crawford decision.

Forward Contract Merchant Waived Ipso Facto Right to Terminate

Judge avoids tough decision on who is a ‘forward contract merchant.’

Dismissal of a Chapter 13 Case Bars Invocation of Judicial Estoppel

Dismissing a chapter 13 case successfully retains the benefit of a lawsuit for the debtor alone.
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