Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions
Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.
Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit
An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.
Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules
Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.
Claims Under Section 544(b) Are Estate Property and Can Be Sold or Assigned, Judge Says
Courts are split on the status of inherited claims as estate property.
Nondischargeability Is No Bar to Feasibility in an Individual Chapter 11
Holders of nondischargeable claims can be forced to accept pro rata payments during the life of the plan and collect the remainder only after discharge or dismissal, the BAP rules.
Chicago Wins One Round in Battle over Parking Tickets
The battle continues in Chicago over using chapter 13 to beat parking tickets.