District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment
Social Security benefits were properly cut off to recover overpayment.
D’Oench Duhme Gives FDIC Broad Protection from Fraudulent Transfer Suits
Bank need not be a party to a secret agreement for D’Oench Duhme defense to apply.
State Consumer Protection Law Preempted by the Bankruptcy Code
Preemption easier to find than implied repeal, Chicago district judge says.
No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions
In one respect, bankruptcy judges have more authority than district judges.
Reimbursed Expenses Included in Calculating Median Income for Plan Duration
Debtor kicked into longer plan as a consequence of employer’s expense reimbursements.
Judge Easterbrook Opines on the Meaning of ‘Finality’ Stemming from Bullard
Finality depends on the final resolution of a dispute, not an issue within a dispute, Circuit Judge Easterbrook says.
Court:
Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules
‘Related to’ jurisdiction arises only if unsecured creditors are affected, judge holds.
Bankruptcy Court Has ‘Core’ Power to Enforce a Final ‘Non-Core’ Order, Circuit Says
Enforcing an Article III court’s decision on ownership is a ‘core’ proceeding, Judge Posner rules.
Court:
Seventh Circuit Widens Split on Filing Stale Claims as Violations of the FDCPA
Over dissent, the Seventh Circuit creates a safe harbor for pursuing stale claims in bankruptcy.
Court:
Stern Objections Always Must Be Raised to Avoid Potential Malpractice
The lawyer who lost Wellness International may be facing malpractice liability.