February 13, 2020
The 2005 amendments to Section 546(c) departed from state law under UCC § 2-702 by creating a federal rule making reclamation claims subordinate to existing secured claims and DIP financing.
January 2, 2020
A PACA trust lacks the hallmarks of a trust, so a failure to pay a produce supplier doesn’t give rise to a nondischargeable debt for defalcation while acting in a fiduciary capacity, Judge Goldgar says.
December 18, 2019
Pleas to injustice and unfairness failed to persuade the Seventh Circuit to depart from a state law exemption for wages.
December 6, 2019
Despite atrocious mortgage servicing, the circuit court cut a jury’s $3 million award of punitive damages to $582,000.
November 25, 2019
Someone forced into bankruptcy on account of medical bills will also be forced into chapter 13.
November 21, 2019
Court weighs the relative advantages of receivership versus bankruptcy in deciding whether to bar the filing of an involuntary bankruptcy.
November 14, 2019
Appeals courts won’t allow bankruptcy to shield debtors from paying parking tickets and fines incurred in the course of a chapter 13 case.
October 10, 2019
The lawyer whose waiver led to Wellness International avoided malpractice by the skin of his teeth.
October 7, 2019
Indiana bankruptcy and district judges rule that secured lenders are only entitled to ‘adequate protection’ until the debtor’s counsel’s allowed fees have been paid in full.
September 24, 2019
Seventh Circuit splits with other circuits on basis for jurisdiction to determine the amount of a tax.