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Bankruptcy judge lacked power to remedy fraud (access required)

Published: December 6, 2012

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A bankruptcy judge lacked the constitutional authority to enter a final judgment in a fraudulent conveyance action against a nonclaimant to a bankruptcy estate, the 9th Circuit has ruled.

Title VII plaintiff liable for taxes from bankruptcy (access required)

By: Pat Murphy
Published: August 6, 2010

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A race discrimination plaintiff was liable for taxes due on a $550,000 jury award that had become property of her bankruptcy estate, the U.S. Tax Court has ruled in affirming a $180,000 deficiency assessment.

Shareholder payments can’t be avoided in bankruptcy (access required)

By: Pat Murphy
Published: July 9, 2009

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Payments made to shareholders to conclude a leveraged buyout couldn’t be avoided as fraudulent conveyances when the company later declared bankruptcy, the 6th Circuit has ruled in affirming judgment.

Fraud doesn’t jeopardize homestead exemption (access required)

By: Pat Murphy
Published: April 9, 2009

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A Chapter 7 debtor couldn’t be denied a homestead exemption on the basis that he had temporarily conveyed his residential property in an alleged attempt to defraud creditors, the 1st Circuit has ruled.

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