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January 22, 2016

Sale of Delinquent Tax Certificates Leads to Fraudulent Transfer, Seventh Circuit Says

Seventh Circuit upsets Illinois system for collecting delinquent real estate taxes

7th Circuit ,

Third Circuit Pens a Treatise on Burden of Production

Third Circuit decision written by no Third Circuit judges

3rd Circuit ,

January 21, 2016

Fifth Circuit Reads Section 707(a) Dismissal for ‘Cause’ Broadly

Judge Edith Jones elevates ‘chutzpah’ to a legal concept in the Fifth Circuit.

5th Circuit ,

Courts Spilt on Offsetting Government’s Non-Tax Claim Against a Tax Refund

Automatic stay bars collecting a debt by offsetting a tax refund.

4th Circuit , Virginia , Virginia Western District ,

UCC Inapplicable to Define ‘Received’ for 20-Day Administrative Claims in Foreign Trade

Foreign sellers take note: State law may confer more benefit than international law.

3rd Circuit , Pennsylvania , Pennsylvania Eastern District ,

January 20, 2016

Lenders Win Again, Beating Back Forced Vesting of Title through Chapter 13

Massachusetts judges disagree on ‘forced vesting’ in chapter 13 plan.

1st Circuit , Massachusetts ,

Involuntary Dismissed to Prevent Using Court Like a ‘Rented Battlefield’

Manhattan judge won’t allow using the court like a collection agency in two-party dispute.

2nd Circuit , New York , New York Southern District ,

January 19, 2016

Minimal Activities in Foreign Liquidation Are No Basis for Chapter 15 Recognition

Judge Gerber pens a treatise on consequences of bad-faith chapter 15 filing.

2nd Circuit , New York , New York Southern District ,

Homestead Owned by a Trust Can Be an Exempt Homestead in Illinois

Trust must be carefully drafted in Illinois to retain the entireties exemption.

7th Circuit , Illinois , Illinois Northern District ,

Expired Union Contract Can Be Rejected, Third Circuit Holds in Trump Chapter 11

Bankrupt employers get a boost from the Third Circuit for negotiations with labor unions.