Differences Between Judicial and Statutory Liens Explained by Judge Heston
Only judicial liens that impair exemptions may be avoided under Section 522(f)(1).
Sixth Circuit Holds that Tax Foreclosure Violates the Takings Clause of the Constitution
If tax foreclosures violate the Takings Clause, it stands to reason that they are also fraudulent transfers.
Court:
It’s Virtually Impossible to Waive Discharge as an Affirmative Defense, Judge Tucker Says
Waiting four years to raise discharge as a defense does not invoke equitable estoppel or laches.
Court Halts States’ Police and Regulatory Suits against Non-Debtor Johnson & Johnson
In spreading the automatic stay, the bankruptcy court again employed the traditional analysis without recognition that the non-debtors are solvent.
Court:
Bankruptcy Judge Finds Liability for a Municipality’s Denial of Due Process Rights
A local government removed a lawsuit to bankruptcy court, but the bankruptcy judge turned around and slam-dunked the government for violating the plaintiff’s Fourteenth Amendment rights.
Idaho Health Data Exchange Files for Bankruptcy, with $4 Million Owed to Creditors
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Prosecutors Struggle to Catch Up to a Tidal Wave of Pandemic Fraud
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Sixth Circuit Defines Res Judicata Liberally
Res judicata can bar a claim in a later lawsuit if it wasn’t raised in bankruptcy court, given a bankruptcy court’s broad jurisdiction.
Court:
First Circuit BAP Limits the Student Loan ‘Borrower Defense’
The First Circuit BAP suggests that invocation of the borrower defense with regard to dischargeability of student loans requires exhaustion of administrative remedies in the Department of Education.
Court: