Fifth Circuit Denies Exemption to Nonfiling Spouse for Home Owned Fewer than 1,215 Days
Community property homestead rights are lost if only one spouse files bankruptcy.
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Courts Divided on Electric Service as ‘Goods’ Under Section 503(b)(9)
Judge relies on physics in ruling that electricity qualifies as ‘goods.’
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Benchnotes August 2016
Journal Issue:
Most Courts Still Refusing to Discharge Taxes from Late-Filed Returns
Novel theory fails to persuade Boston judge to discharge taxes from late-filed returns.
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Chapter 13 Plan Ok’d with Balloon Payment for Secured Lender
Georgia judge parts with ‘overwhelming majority’ of decisions precluding balloon payments.
Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment
Try garnishment, not contempt, to collect support from a chapter 13 debtor.
Chapter 13 Confirmation Bars Garnishment to Pay Child Support
BAPCPA didn’t end all restraints on the collection of child support, Eleventh Circuit holds.
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