Return of the Living Claim
Return of the Living Claim By Brittany M. Woodman What is “zombie debt” (also referred to as stale debt)? Some have defined it as debt that is not recognized as discharged following a bankruptcy — although the debt is no longer legally enforceable. 1 Yet others have
The Estate Owns Claims for Continuing Course of Conduct Before and After Filing
Belated Seventh Circuit Opinion May Set Up ‘Cert’: Is Section 505(a) Jurisdictional?
Benchnotes July 2024
Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Debts of Sub V Corporate Debtors Can Be Nondischargeable As a matter of first impression, the Fifth Circuit recently held that in subchapter V proceedings, both corporate and individual debtors are
Fourth Circuit Says Entireties Property Is Not Exempt from Tax Debt
Benchnotes May 2024
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Preference Claims Under § 547 Are Estate Property and May Be Sold Joining the Eighth and Ninth Circuits, 1 the U.S. Court of Appeals for the Fifth Circuit held that claims for the avoidance of
Late-Allowed Vehicle Claims and the Importance of Finality
Late-Allowed Vehicle Claims and the Importance of Finality By Linda B. Gore Editor’s Note: Unlike past articles in this column, the authors mostly agree on the viewpoint, but this article outlines the basis for those trustees/courts that take a different position. Most
Late-Allowed Vehicle Claims: Striving for a More Just Result
Late-Allowed Vehicle Claims and the Importance of Finality By Linda B. Gore Editor’s Note: Unlike past articles in this column, the authors mostly agree on the viewpoint, but this article outlines the basis for those trustees/courts that take a different position. Most