States Sue Trump Administration Over New Payday-Lending Rule
Please note that in order to view the content for the Bankruptcy Headlines you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Govt. Claims/Sovereign Immunity
Ninth Circuit Reiterates Its Idiosyncratic Recoupment Standard
Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.
Court:
University Medical Unscathed After Denby-Peterson, Delaware District Judge Says
The government lost a winnable appeal by failing to present evidence in bankruptcy court.
Court:
Federal Income Taxes for a ‘Straddle Year’ Are Administrative Priority Claims
On an issue with no appellate authority, a Delaware district judge rules that federal income taxes are administrative claims if filing occurs before the year’s end.
Court:
Sixth Circuit Broadly Interprets Section 959(b) to Cover State Pension Plans
A split panel on the Sixth Circuit held that Section 959(b) barred the debtor from halting participation in a state employees’ pension plan.
Court:
Fraudulent Transfer Suit Didn’t Succeed in ‘Discharging’ Student Loans
Can student loans be wiped out as fraudulent transfers that aren’t dischargeable under Section 523(a)(8)?
Fines for Defrauding Consumers Are Dischargeable in a Corporate Chapter 11 Plan
Courts are divided on discharging fines in a corporate chapter 11 case when the government itself was not defrauded.
Eighth Circuit Won’t Impose Unwritten Requirements on Service of a Claim Objection
In the Bankruptcy Rules, a claim objection isn’t treated like a motion for all purposes, the Eighth Circuit says.
Court:
Seventh Circuit Requires Court Findings for a Plan Provision the Code Allows
The Seventh Circuit opinion raises the question of whether (or when) a court may restrict the use of a provision in a chapter 13 plan that Section 1322(b) permits.
Court:
No Contempt for the IRS on Discharge Without Exhaustion of Administrative Remedies
Is Taggart just a defense that can be waived, or must a debtor plead and prove ‘no objectively reasonable basis’ in a motion for contempt of discharge?