Insurance Proceeds Are Estate Property, Sometimes
Claims exceeding policy limits convert insurance proceeds into estate property, Fifth Circuit holds.
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.
No Statute of Limitations for Suing on a Trustee’s Surety Bond
Removing and discharging a trustee are not synonymous, Houston judge rules.
Benchnotes Dec/Jan 2006
Debtor Not Estopped from Pursuing Inadvertently Unscheduled Claim In Best v. Kroger Co., 339 B.R. 180 (W.D. Tenn. 2006), a former chapter 13 debtor failed to schedule a pre-petition Title VII claim for sexual harassment and constructive discharge. The ex-employer moved