First Circuit Starkly Holds that Tuition for an Adult Child Is a Fraudulent Transfer
The case in the appeals court apparently did not involve a student account structured to prevent the college from being the initial recipient of a fraudulent transfer.
A Motion to Dismiss an Involuntary Petition Only Postpones Filing a Creditor List
Ninth Circuit BAP balances the need for quickly dealing with an involuntary petition against the petitioners’ right to discovery and a list of creditors.
One Owner May Strip a Lien Off Property Owned JTWROS, Judge Huennekens Says
Courts disagree on lien stripping by one owner of entireties property and jointly owned property.
Case Shows How Taggart Tilted the Scale Toward Lenders Accused of Contempt
An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.
If It’s Consensual, a Plan Can Discharge a Nondischargeable Debt
A debt that’s been paid in full under state law is discharged even if the debtor never receives a discharge, Judge Klein says.
BAP Opinion Shows How Taggart Changes the Outcome of Contempt Motions
Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.
Circuit Split Narrows on the Automatic Stay and Turnover of Repossessed Cars
Third Circuit also holds that turnover in Section 542(a) is not automatic. The debtor must mount an adversary proceeding to obtain a turnover of property.
Another Appellate Court Bars Arbitration of ‘Core’ Claims
State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws.