Pennsylvania
‘Earmarking’ Only Applies When a Debtor Receives a Loan from a Third Party
Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.
Sovereign Immunity Doesn’t Insulate States from Lien Stripping
For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.
Another Example: Student Loans Are Virtually Impossible to Discharge
District court second-guesses the sufficiency of evidence that the bankruptcy court found sufficient.
Third-Party Releases Approved Without Awaiting the Outcome of Merit Management
Third-party releases would have been approved even if there were no ‘safe harbor’ defense.
Emotional Distress Damages Awarded for Civil Contempt on Automatic Stay Violation
Philadelphia judge socks the city’s parking authority for impounding a debtor’s car twice.
Receivership May Not Preclude a Board’s Ability to File Bankruptcy
A receiver who is not ‘disinterested’ can justify putting a company in bankruptcy.
Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says
Restitution payment does not qualify for the new value preference defense.
Look Forward 5 Years, Not 25, on Debtor’s Inability to Repay Student Loans, Judge Says
Term of the loan is the ‘relevant period’ for judging student loan dischargeability.
A Proper Foreclosure Sale Can Never Be a Preference, Judge Holds
Despite gaining more than through chapter 7, purchasing at foreclosure is no preference.
Insurance Companies Have Fewer Protections than Landlords and Aircraft Lessors
Absent special-interest legislation for bankruptcies, insurance companies remain in limbo.