May 21, 2024
Judge Randal Mashburn described what a state court must do in appointing a receiver that would prevent an LLC’s manager from filing a bankruptcy petition.
February 2, 2024
A division of marital property on consent to someone other than a spouse might be a fraudulent transfer.
September 20, 2023
Memphis Bankruptcy Judge Denise Barnett reads the BAPCPA amendments as excluding personal injury settlements from the calculation of ‘projected disposable income.’
June 5, 2023
A judge sitting in a proper venue may transfer venue to a district that was improper originally.
October 17, 2022
A creditor can’t be compelled to arbitrate the validity of a claim before the bankruptcy court decides whether the involuntary petitioner’s claim is subject to a bona fide dispute.
July 29, 2022
Congress left a gap in the statute for perfecting a tax lien on personal property against someone who has no ascertainable residence.
April 8, 2022
Due process considerations mean it’s not harmless error if a debtor was denied standing improperly.
February 1, 2022
Someone who commits fraud can’t be denied a discharge for that reason alone if the debtor kept accurate books and records of the fraud.
May 17, 2021
Courts are split on whether having nondischargeable debts gives an individual chapter 7 debtor standing to object to claims.
April 23, 2018
Courts are groping to define ‘personal use’ because Congress didn’t.