Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property
District judge refuses to give automatic stay protection to a tax evader.
Third Circuit Harmonizes Law v. Siegel with Marrama
Marrama permits relief that’s not explicitly prohibited by the Code, even if policies shown in the statute suggest otherwise.
Retention of Jurisdiction by Itself Does Not Confer Subject Matter Jurisdiction, Circuit Holds
First Circuit narrowly interprets ‘arising in’ jurisdiction.
New York’s Unique Rules on Mortgage Note Assignments Remain Unresolved
New York alone failed to adopt an amendment to UCC § 3-203.
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.