June 9, 2023
Defeated three times, a chapter 7 trustee is appealing to the Fifth Circuit to end the exemption for whole-life policies in Texas.
June 8, 2023
Although not held in an IRA, a refund by the IRS of a withdrawal penalty was exempt because state law permits tracing proceeds of exemptions, Judge Opperman says.
June 7, 2023
A transferor’s fraudulent intent isn’t imputed to the transferee to make the transferee’s debt nondischargeable for ‘actual fraud.’
June 6, 2023
In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.
June 5, 2023
A judge sitting in a proper venue may transfer venue to a district that was improper originally.
June 2, 2023
Although a stock purchase and a loan payoff were one month apart, a district judge in Indiana found a sufficient nexus to invoke the safe harbor and dismiss a fraudulent transfer suit.
June 1, 2023
Eighth Circuit BAP ‘at a minimum’ requires substantial changes in financial condition for a debtor to modify a confirmed chapter 12 plan.
May 31, 2023
The concurring opinion, which is really a dissent, urges the Supreme Court to grant certiorari and resolve the split of circuits on nondebtor releases.
May 30, 2023
The high court’s ruling on the Takings Clause also seems to mean that real estate tax foreclosures can be avoided as constructively fraudulent transfers.
May 26, 2023
A two-story commercial condominium wasn’t ‘single asset real estate,’ Judge Mastando holds.