Split Grows on Barring Fraudulent Transfer Attacks on Real Estate Tax Foreclosures
Circuit courts differ on their understanding of Supreme Court precedent and are now split 3/3 on whether a real estate tax foreclosure can be set aside as a constructive fraudulent transfer.
Court:
Circuit Judge Finds No Constitutional or Statutory Right to Free PACER Access
At the courthouse, the public is only entitled to free access to papers filed in that district.
Court:
Taggart Means No Strict Liability for Violating a Corporate Debtor’s Automatic Stay
Persuasive authority is required before a creditor can be held in contempt for violating the automatic stay protecting a corporate debtor.
Bifurcated Fee Arrangements Barred in Western District of Kentucky
Curiously, bifurcated fee arrangements are sometimes permitted in the Eastern District of Kentucky.
Sixth Circuit Erects Barriers to FDCPA Suits by Consumers in a 2/1 Opinion
A statutory violation by itself won’t necessarily give a plaintiff constitutional standing.
Court:
Congress Must Decide: May Chapter 13 Debtors Contribute to 401(k) Plans?
Courts are split on whether chapter 13 effectively prohibits debtors from making voluntary contributions to 401(k) plans.
Court:
Circuit Split on U.S. Trustee Fees Likely Won’t Reach the Supreme Court Until Fall 2022
Judge Hoffman sets up Sixth Circuit to opine on the circuit split regarding the constitutionality of the 2018 increase in fees for the U.S. Trustee system.
Publication Notice Won’t Suffice for Creditors with Recorded Property Interests
Actual notice is required even for contingent liabilities not shown on financial statements, the Sixth Circuit holds.
Court:
Sixth Circuit Creates a Split by Requiring Dismissal of an Abusive Chapter 13 Filing
Disagreeing with two other circuits, the Sixth Circuit finds no power in the bankruptcy court to avoid dismissing a chapter 13 case even if the debtor filed repeatedly in bad faith to avoid foreclosure.
Court:
Having Nondischargeable Debts Doesn’t Entitle a Chapter 7 Debtor to Object to Claims
Courts are split on whether having nondischargeable debts gives an individual chapter 7 debtor standing to object to claims.