Rochelle's Daily Wire

In addressing Michigan county’s car-seizure and forfeiture practices, Sixth Circuit sets a clear benchmark for debtors.

What will become of the chapter 13 system if standing trustees must refund all fees collected in cases dismissed before confirmation? The answer is perhaps unexpected: Unsecured creditors in confirmed chapter 13 cases will pay the administrative expenses of cases that fail.

The value of a debtor’s interest in entireties property isn’t necessarily 50% of the value of the entire property.

The lawsuit was under federal law, not state law, even though Section 544(b)(1) incorporated state fraudulent transfer law.

The bankruptcy court can divide marital property, but just because it can doesn’t mean it should, Judge Thuma says.

The Fourth Circuit declined to follow the First and Sixth Circuits on preemption of automatic stay violations by expanding the ban to redress for discharge violations.

Looking beyond the label assigned by the Affordable Care Act, three circuits have now held that failure to pay the ‘individual mandate’ for purchasing health insurance gave rise to a tax entitled to priority in bankruptcy.

As long as the student loan is owing to the government, the Fifth Circuit holds that the government bar date applies even when the servicer is a private company.

Two judges in Georgia say that personal property is not exempt even if the purchase was traceable to Social Security benefits.

The Second Circuit split with the First Circuit, which had permitted nationwide class actions because the discharge injunction is statutory.