Bar to Challenging Taxes in Bankruptcy Court Isn’t Retroactive, Eleventh Circuit Says
The Eleventh Circuit opinion has important dicta on whether or not the tort of ‘continuous trespass’ exists in New York.
BAP Says that a Rule 41 Voluntary Dismissal Can Incorporate Discovery Sanctions
The BAP decision on voluntary dismissal under Rule 41 adds credence to the idea that bankruptcy courts can attach conditions to a debtor’s voluntary dismissal under Section 1307(b).
Earned Income Tax Credit Held Exempt by the Ninth Circuit BAP
The EITC and the ACTC are both exempt in states with broadly defined “public assistance,” the Ninth Circuit BAP says.
Split Grows on Barring Fraudulent Transfer Attacks on Real Estate Tax Foreclosures
Circuit courts differ on their understanding of Supreme Court precedent and are now split 3/3 on whether a real estate tax foreclosure can be set aside as a constructive fraudulent transfer.
Circuit Judge Finds No Constitutional or Statutory Right to Free PACER Access
At the courthouse, the public is only entitled to free access to papers filed in that district.