Consumer Bankruptcy

10th Circuit Kansas Jun 2, 2022

Courts Disagree on a Trustee’s Ability to Use the IRS’s Longer Statute of Limitations

Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).

A Judgment for Punitive Damages Might Not Support Nondischargeability Automatically

Jury instructions and a special verdict form can determine whether issue preclusion automatically results in nondischargeability.

Sometimes, a Federal Tax Lien Will Never Be Enforceable in Bankruptcy

Congress left a gap in the statute for perfecting a tax lien on personal property against someone who has no ascertainable residence.

A Tax Refund from Withheld Social Security Benefits Does Not Lose the Exemption

With little authority one way or the other, lower courts are split on whether Social Security benefits lose their exemption if withheld and later paid as a tax refund.