Coming Back Around: Legislative Issues Likely to Resurface in the 118th Congress
Coming Back Around: Legislative Issues Likely to Resurface in the 118th Congress While new legislation and fresh issues await both chambers of the 118th Congress, which convened on Jan. 3, insolvency practitioners should anticipate a number of priority bankruptcy issues
Malicious Prosecution Can Mean a Nondischargeable Debt in Chapter 13
Bankruptcy Judge Gunn from D.C. sides with the majority to hold that “personal injury” does not require physical injury but may include reputational harm.
Post-Petition Appreciation in the Value of a Home Goes to Creditors in Chapter 13
Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7.
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.