Consumer Bankruptcy

Fourth Circuit: State Law Claims for Discharge Violations Are Not Preempted

The Fourth Circuit declined to follow the First and Sixth Circuits on preemption of automatic stay violations by expanding the ban to redress for discharge violations.
Court: 

Three Circuits Agree: The ACA’s ‘Penalty’ Is Actually a Tax Entitled to Priority

Looking beyond the label assigned by the Affordable Care Act, three circuits have now held that failure to pay the ‘individual mandate’ for purchasing health insurance gave rise to a tax entitled to priority in bankruptcy.
Court: 

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Please note that in order to view the content for the Committee Articles and Announcements you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Please note that in order to view the content for the Committee Articles and Announcements you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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