A repeat filer in chapter 13 must show ‘clear and convincing evidence’ of improved financial condition to warrant an extension of the automatic stay under Section 362(c)(3)(B), Chief Judge Taddonio says.
Bankruptcy Judges Marvin Isgur and Gregory Taddonio disagree on whether the bankruptcy court has subject matter jurisdiction to grant ‘innocent spouse’ relief to a debtor.
Pittsburgh Bankruptcy Judge Gregory Taddonio says that lawyers must search in PACER before signing up a new client.
Being an ordinary employee didn’t mean that the debtor was engaged in business to qualify for Subchapter V.
Splitting with the Sixth Circuit, Pittsburgh district judge rules that a FLSA suit falls within the ‘police and regulatory’ exception to the automatic stay.
Finding a proper exercise of regulatory power isn’t required to invoke the exception to the automatic stay.
Sometimes, being too aggressive backfires when the defendant files bankruptcy.
States have no sovereign immunity defense to lien stripping, even if the state has not filed a proof of claim.
For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.
Third-party releases would have been approved even if there were no ‘safe harbor’ defense.