Benchnotes January 2023
Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Failure to Timely Object to Debtors’ Claim of Exemption in “100 Percent of FMV” of Property Removes the Property from the Estate In In re Masingale, 1 the U.S. Bankruptcy Appellate Panel (BAP) of
Employer-Paid Health Insurance Is Held to Be Income in Chapter 13
Should the cost of employer-provided health care insurance be considered income for lower-income Americans?
Differences Between Judicial and Statutory Liens Explained by Judge Heston
Only judicial liens that impair exemptions may be avoided under Section 522(f)(1).
Courts Split on Whether Bankruptcy Discharges Future Liability on a Guarantee
Milwaukee district judge rules that bankruptcy does not cut off future liability on a personal guarantee issued before bankruptcy.
Form over Substance Leaves a Precarious Remedy for Violations Against Corporate Estates
Form over Substance Leaves a Precarious Remedy for Violations Against Corporate Estates By Kristina M. Johnson The protection of the automatic stay is one of the most fundamental, universal rights under the Bankruptcy Code for all debtors. Or is it? Certainly, when a