Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.
For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.
District court second-guesses the sufficiency of evidence that the bankruptcy court found sufficient.
Third-party releases would have been approved even if there were no ‘safe harbor’ defense.
Philadelphia judge socks the city’s parking authority for impounding a debtor’s car twice.
A receiver who is not ‘disinterested’ can justify putting a company in bankruptcy.
Restitution payment does not qualify for the new value preference defense.
Term of the loan is the ‘relevant period’ for judging student loan dischargeability.
Despite gaining more than through chapter 7, purchasing at foreclosure is no preference.
Absent special-interest legislation for bankruptcies, insurance companies remain in limbo.