Split Widens on Dischargeability for Third Party’s Violation of Securities Laws
Circuits are split 2/1 on whether a debtor must have committed a securities law violation before a judgment is made nondischargeable under Section 523(a)(19).
Another District Judge Rules that Tax Foreclosures Can Be Fraudulent Transfers
The circuits are split on whether the Supreme Court’s BFP opinion can be extended to bar fraudulent transfer attacks on in rem real estate tax foreclosures.
Judge Barnes Tells Gamblers What Records to Keep to Win a Discharge in Bankruptcy
The suggestion that the debtor never won undercut the poker player’s testimony about uncorroborated gambling losses.
Sometimes, a Judgment Lien from Foreclosure Can Be Avoided as Homestead Impairment
A deficiency judgment arising from foreclosure of another parcel of real estate can be avoided as an impairment of a debtor’s homestead exemption.
State Probate Law Determines What Is or Isn’t Estate Property
Unlike other states, creditors can attach 25% of a judgment debtor’s interest in a spendthrift trust in California.
Debtors May Wind Up Operations in Chapter 12 and Farm Through LLCs
Judge Somers wrote two opinions on debtors’ eligibility to reorganize in chapter 12.
Status Conferences to Continue Prepetition State Court Suits Don’t Violate the Stay
The Ninth Circuit B.A.P. says that the automatic stay does not require dismissal of prepetition lawsuits against debtors.