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Bankruptcy

In re Curry

Thursday, May 23, 2013

The purchaser of a tax-sale certificate holds a "tax claim" pursuant to § 511 of the bankruptcy code and is entitled to the interest rate on that claim as provided under applicable nonbankruptcy law.

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In re Berley Associates Ltd.

Thursday, May 23, 2013

The transfer of title to defendant in a pre-petition tax sale and foreclosure context may constitute a fraudulent conveyance under 11 U.S.C. § 548(a)(1)(B) and an avoidable preference under 11 U.S.C. § 547(b).

Bullock v. BankChampaign, N.A.

Tuesday, May 14, 2013

The term "defalcation" in the bankruptcy code includes a culpable state-of-mind requirement involving knowledge of, or gross recklessness in respect to, the improper nature of the fiduciary behavior.

In re Stoner

Wednesday, March 20, 2013

The debtor's occupancy of the property at the time of filing, even coupled with his expectancy under his father's will, does not entitle him to claim a homestead exemption.

In re Boyajian

Thursday, February 7, 2013

Discharge is denied to the debtor where, without justification, he failed to keep or preserve adequate recorded information required by the Bankruptcy Code.

Administrative Priority for Postpetition, Prerejection Lease Indemnification Obligations

Thursday, January 31, 2013

Because administrative claims must be paid in full as part of any plan of reorganization, precedent recognizing an additional category of administrative claims is always notable. The U.S. Bankruptcy Court for the District of Delaware recently held that a claim arising from an indemnification obligation, contained within a rejected nonresidential commercial lease, is entitled to such administrative status.