Two Circuits Now Give Priority Status to Obamacare’s Individual Mandate Penalty
The Affordable Care Act’s ‘individual mandate’ was a tax measured by income, thus giving the IRS a priority tax claim.
Liens on Impounded Cars Are Judicial Liens that May Be Avoided, Seventh Circuit Says
The City of Chicago argued unsuccessfully that liens on cars are statutory because they arise automatically when the car is impounded.
‘Reasonable Possibility’ of a Surplus Gives a Debtor Standing in Chapter 7
Due process considerations mean it’s not harmless error if a debtor was denied standing improperly.
Sixth Circuit BAP Gives Priority Status to Obamacare’s Individual Mandate Penalty
A question may be headed to the Sixth Circuit, where debtors hope to create a circuit split.
Defamation and IIED Claims Are Not ‘Personal Injury Torts’
Section 157(b)(5) does not bar the bankruptcy court from trying defamation and IIED claims, Judge Thuma says, siding with Judge Bernstein.
Chapter 13 Plan that Cures Arrears Pays Interest on Unpaid Principal, Judge Faris Says
Interest, if any, due on arrears cured under a plan derives from the loan documents and state law.