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.
Dubious Eleventh Circuit Opinion Permits Collateral Attack on Final Confirmation Order
Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.
Pendulum of Deregulation Swings at Consumer Crypto Creditors
Pendulum of Deregulation Swings at Consumer Crypto Creditors By Brandon R. Wood Philosopher George Santayana once said, “Those who cannot remember the past are condemned to repeat it.” 1 This quote is apt when describing modern financial markets surrounding
Benchnotes February 2023
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Multiple Affiliates: Every Action Taken for the Collective Estates Does Not Have to Be Good for Each Debtor Complex chapter 11 cases rarely involve a single debtor entity. Indeed, virtually every
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.