Debtor Must Turn Over a Portion of Accrued Vacation Pay to the Trustee, District Judge Holds
The value of prepaid family expenses belongs to the trustee, even without being a fraudulent transfer.
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Cramdown Value Is Not the Higher of Foreclosure or Replacement Value, Ninth Circuit Holds
En banc, the Ninth Circuit reverses a panel opinion from last year on cramdown valuation.
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Even Without the One-Day-Late Rule, Tax Liability Still Wasn’t Discharged
A tax return late by three years wasn’t ‘honest and reasonable.’
Sale of a Nonoperating Hospital Doesn’t Require State Approval
Attorney General’s oversight was avoided by shutting down a nonprofit hospital.
Courts Split on Arbitration over Dischargeability of Student Loans
Seattle judge disagrees with Florida judge on arbitration over bar study loans, while Second Circuit ponders the issue.
Split Brewing on Trustee’s Ability to Use the IRS’ Longer Statute of Limitations
Florida and Idaho Judges Disagree with Fifth Circuit and a New Mexico Judge.
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A ‘Loan’ Is Not an ‘Educational Benefit,’ Ninth Circuit BAP Holds
BAPCPA amendments on student loans modified the definition of ‘educational benefit.’
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Police Power Exception Doesn’t Apply to Suits by Private Attorneys General
Private suits to enforce state labor laws are halted by the automatic stay, circuit holds.
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Deemed Recourse Rights under Section 1111(b) Don’t Survive Foreclosure, Circuit Says
Ninth Circuit says deemed recourse terminates when the estate no longer owns the collateral.
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Fees to Recover Sanctions Are Permitted under 28 U.S.C. § 1927
Lawyers can be nailed for misconduct under Section 1927, but not their clients.
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