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.
Judge Ameliorates Louisiana’s Stingy ‘All or Nothing’ Exemption for Wedding Rings
Exemption value to be decided at a ‘one-shot’ public auction.
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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