March 29, 2023
The district court characterized the agreement not as creating a trust but as a device designed to win priority over a prior, perfected security interest.
January 25, 2023
The Fourth Circuit sides with the Third on the Affordable Care Act’s ‘individual mandate.’ Majority says it was a tax measured by income, thus giving the IRS a priority tax claim.
June 3, 2022
Absent an ‘actual conflict,’ disqualification is not automatic, the Third Circuit says.
May 18, 2022
The Affordable Care Act’s ‘individual mandate’ was a tax measured by income, thus giving the IRS a priority tax claim.
March 29, 2022
A question may be headed to the Sixth Circuit, where debtors hope to create a circuit split.
November 23, 2021
Stay modification is required even if the creditor wants to intervene in state court to help the bankrupt estate.
January 26, 2021
A voluntary chapter 11 case is neither a ‘suit’ nor a ‘claim’ against a debtor giving rise to an insurer’s duty to defend.
September 25, 2020
Even after the statute of limitations has run, a trustee may be substituted for the debtor as the real party in interest, Michigan district judge says.
March 10, 2020
The exaction for failure to purchase health insurance isn’t an excise tax ‘on a transaction’ under Section 507(a)(8)(E)(i).
July 26, 2019
A ‘runoff’ policy purchased after filing is a continuation of a pre-bankruptcy policy, district judge says.