Creditor Holding Nondischargeable Debts Lacks Standing for Discharge Objection
Personal financial stake required before creditor can file discharge complaint.
Split Grows on Dischargeability of Tax Liability on Late-Filed Returns
Nashville judge holds that late-filed tax debt can sometimes be discharged.
Regularly Conducted Tax Sales Cannot Be Fraudulent Transfer, Ninth Circuit Holds
Ninth Circuit joins two other circuits in extending BFP from foreclosures to tax sales.
Magistrate Masterfully Describes Permissible Claims for Violating Discharge Injunction
Contempt and FDCPA claims can coexist in one suit in district court.
Most Courts Still Refusing to Discharge Taxes from Late-Filed Returns
Novel theory fails to persuade Boston judge to discharge taxes from late-filed returns.
Judge Ameliorates Louisiana’s Stingy ‘All or Nothing’ Exemption for Wedding Rings
Exemption value to be decided at a ‘one-shot’ public auction.
District Judge May Have Split with Ninth Circuit BAP on Estate Property
Subprime loan and mortgage abuses generate interesting question worthy of a law school final exam.
Punitive Damage Claim from Involuntary Dismissal Brings Jury Trial Rights
Section 303(i)(2) claim, similar to malicious prosecution, invokes Seventh Amendment jury trial rights.
Chapter 13 Plan Ok’d with Balloon Payment for Secured Lender
Georgia judge parts with ‘overwhelming majority’ of decisions precluding balloon payments.
Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years
Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.