Exemptions never come into play with inherited 401(k)s because they aren’t estate property in the first place, Judge Hodges explains.
North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).
Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.
Judge follows statutory language that didn’t achieve the result Congress intended.
Financing litigation is champertous if the lender exercises control.