Insurance

Cryptocurrency, Blockchain and Bankruptcy

Cryptocurrency, Blockchain and Bankruptcy By W. Marc Schwartz, Christopher S. Roberts and Kyung S. Lee When “cryptocurrency” and “bankruptcy” are used in the same sentence, one immediately associates the terms with headlines of potential billion-dollar losses suffered

10th Circuit Jul 11, 2024

BAP Holds that Nondischargeability for Actual Fraud Requires Justifiable Reliance

The Tenth Circuit BAP inferred a requirement of justifiable reliance on nondischargeability for actual fraud.

Could You Be a Debtor? SDNY Renders Decision in Chapter 15 Proceeding for SVB Cayman Branch

Could You Be a Debtor? SDNY Renders Decision in Chapter 15 Proceeding for SVB Cayman Branch By Luke A. Barefoot, Thomas S. Kessler and Ethan Singer 1 The failure of Silicon Valley Bank (SVB), the second-largest bank failure in U.S. history, in March 2023 rocked the

6th Circuit Jul 31, 2023

Three Circuits Agree: The ACA’s ‘Penalty’ Is Actually a Tax Entitled to Priority

Looking beyond the label assigned by the Affordable Care Act, three circuits have now held that failure to pay the ‘individual mandate’ for purchasing health insurance gave rise to a tax entitled to priority in bankruptcy.
4th Circuit Jan 19, 2023

Fourth and Third Circuits Give Priority to Obamacare’s Individual Mandate Penalty

The Fourth Circuit sides with the Third on the Affordable Care Act’s ‘individual mandate.’ Majority says it was a tax measured by income, thus giving the IRS a priority tax claim.
3rd Circuit May 11, 2022

Two Circuits Now Give Priority Status to Obamacare’s Individual Mandate Penalty

The Affordable Care Act’s ‘individual mandate’ was a tax measured by income, thus giving the IRS a priority tax claim.
5th Circuit Feb 20, 2020

Fifth Circuit Rules that the Penalty under the ACA Isn’t a Priority Tax Claim

The exaction for failure to purchase health insurance isn’t an excise tax ‘on a transaction’ under Section 507(a)(8)(E)(i).