When Byron David filed a Chapter 7 bankruptcy case in July of 2018, Donald King was appointed Chapter 7 trustee. King filed an application to retain a law firm as his counsel. The bankruptcy court granted that application....more
The scope of Bankruptcy Court jurisdiction has been the subject of numerous decisions, including multiple decisions by the United States Supreme Court since Bankruptcy Courts were created by the Bankruptcy Reform Act of 1978....more
In Barton v. Barbour, the United States Supreme Court held that before another court could obtain subject matter jurisdiction over a suit against a receiver for acts committed in the receiver’s official capacity, the...more
4/11/2023
/ Abstention ,
Attorney Malpractice ,
Bankruptcy Court ,
Bankruptcy Trustees ,
Barton Doctrine ,
Chapter 11 ,
Chapter 7 ,
Commercial Bankruptcy ,
Court-Appointed Receivers ,
Legal Representatives ,
Subject Matter Jurisdiction
As originally enacted, the Affordable Care Act (“ACA”) required most people to maintain health insurance. Those who did not maintain the required insurance were obligated to pay a “shared responsibility payment” (“SRP”),...more
1/25/2023
/ Affordable Care Act ,
Anti-Injunction Act ,
Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 13 ,
Chapter 7 ,
Health Insurance ,
Income Taxes ,
Individual Mandate ,
IRS ,
NFIB v. Sebelius ,
SCOTUS ,
Shared Responsibility Rule ,
Tax Returns
When the Bankruptcy Reform Act of 1978, the foundation on which the current Bankruptcy Code is constructed, was enacted, bankruptcy cases customarily involved a debtor addressing claims only against it. Consistent with that...more
Filing a case under Chapter 11 of the United States Bankruptcy Code can be a powerful tool for a business facing crushing liabilities. Not only does the filing of a Chapter 11 invoke an automatic stay of all lawsuits pending...more
By a two to one vote, in an April 29 opinion, the United States Court of Appeals for the Fourth Circuit reversed a decision of the United States Bankruptcy Court for the Eastern District of Virginia that a 2017 increase in...more
In In re Muhs, the United States Court of Appeals for the Fourth Circuit was called upon to decide whether “the meaning of ‘willful and malicious’ under Alaska law is identical to the meaning of ‘willful and malicious’ under...more
5/30/2019
/ Aerospace ,
Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Collateral Estoppel ,
Conflicts of Laws ,
Consumer Bankruptcy ,
Corporate Executives ,
Dischargeable Debts ,
Federal Contractors ,
Federal v State Law Application ,
Former Employee ,
Misappropriation ,
Motion To Stay ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Parallel Proceedings ,
Punitive Damages ,
Reversal ,
State Law Tort Claims ,
Summary Judgment ,
Trade Secrets ,
Uniform Trade Secrets Acts ,
UTSA ,
Willful Misconduct
Many states, including Maryland and Pennsylvania, recognize the common law form of ownership of property as “tenants by the entireties” for both real and personal property, including bank accounts. Under that form of...more
3/12/2019
/ Appeals ,
Asset Protection ,
Bank Accounts ,
Bankruptcy Court ,
Commercial Leases ,
Commercial Tenants ,
Consumer Bankruptcy ,
Creditors ,
Default ,
Direct Deposit ,
Fraudulent Conveyance ,
Fraudulent Transfers ,
Judgment Creditors ,
Landlords ,
Reaffirmation ,
Spouses ,
Tenancy by Entirety ,
Wage Garnishment ,
Wages