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
The PBGC Isn’t a ‘Triggering Creditor’ for a Section 544(b) Suit by a Trustee
If the government isn’t suing on a claim originally owing to the U.S., a trustee can’t use the six-year statute of limitations in the FDCPA.
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).
Four Circuits Now Permit Fraudulent Transfer Attacks on Real Estate Tax Foreclosures
Circuit courts are split 4/3 on their interpretation of Supreme Court precedent holding that regularly conducted mortgage foreclosures are immune from fraudulent transfer attack.
Second Circuit Allows Appellate Attorneys’ Fees for Upholding a Contempt Citation
Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.
Nonjudicial Foreclosure Wipes Out Deficiencies for the FCRA, Ninth Circuit Says
The Ninth Circuit equates nonjudicial foreclosure with bankruptcy discharge in terms of the effect on deficiencies following foreclosure.