First Circuit Splits with the Ninth over Good Faith Defense to Discharge Violation
Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.
Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim
Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code.
Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim
The exaction for failure to purchase health insurance under the ACA is a tax for constitutional purposes but not a tax under the Bankruptcy Code, New Orleans judge rules.