While bankruptcy cases are always filed in United States Bankruptcy Court (an adjunct to the U.S. District Courts), bankruptcy cases, particularly with respect to the validity of claims and exemptions, are often dependent upon State law. A Bankruptcy Exemption defines the property a debtor may retain and preserve through bankruptcy.

IBC latest case law supreme court judgement! Ca final ! under subsection (a), of the setoff under applicable nonbankruptcy law of an income tax refund, by a governmental unit, with respect to a taxable period that ended before the date of the order for relief against an income tax liability for a taxable period that also ended before the date of the order for relief, except that in any case in which.

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Federal Law – Case Law. Below you’ll find Supreme Court and Court of Appeals cases. federal administrative decisions; Search All Circuit Courts; circuit courts. 1st circuit court. 1st Circuit Opinions (Emory) Maine Bankruptcy Court; Maine district court; massachusetts bankruptcy court.

Till v. SCS Credit Corp. (US Sup Ct 05/17/04 – No. 02-1016) Four justices conclude that the "prime-plus" or "formula rate" best meets the purposes of the Bankruptcy Code’s cram down provision; because the proposed 9.5% interest rate is higher than the risk-free rate, it is sufficient to account for the time value of money, which is all 11 U.S.C. section 1325(a)(5)(B)(ii) requires.

A graduate of South Texas College of Law, Johnson has represented the full spectrum of bankruptcy parties, including both debtors and creditors, official and ad hoc committees, and a variety of other.

Bankruptcy cases are initiated and tried in the United States bankruptcy courts, which are a division of each federal district court. Appeals in a bankruptcy case, depending on the circuit and practices of its district courts, either go to the district court or to a bankruptcy appellate panel consisting of bankruptcy judges.

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Chapter 7, also called "liquidation" or "straight bankruptcy," is the process by which a debtor’s assets are sold, creditors receive payment, and you are then free from your debts. You must be eligible to file for bankruptcy, and the rules vary depending on the type of case you want to file.