Courts Split on Whether Claims for Overpayments of DSOs Are Themselves DSOs
Status of claims for overpayment of domestic support obligations begs for appellate review.
The Unlimited Wedding Ring Exemption Has Some Limits, Illinois Judge Says
Opinion traces the thousand-year history of wedding and engagement rings.
Debtor Can’t Reaffirm an Auto Loan by Waiving Discharge of the Debt
Chief Judge Gorman requires strict adherence to Section 524(c) in reaffirming a debt.
Notre Dame Football Tickets Are Not Exempt Property, South Bend Judge Holds
Notre Dame football tickets are not necessary for a fresh start.
Seventh Circuit Opines on Method for Calculating ‘New Value’ Defense
Average daily sales suffice to show the date when new value was advanced.
Court:
Reperfecting a Mortgage Isn’t Grounds for a Fraudulent Transfer
Mistakenly cancelling a mortgage can result in a preference but not a fraudulent transfer if the cancellation is later rescinded.
Existence of a Committee Precludes Tolling the Statute for Adverse Domination
The statute is tolled only if the creditors’ committee is denied standing to sue.
Court:
Chicago Judge Writes a Primer on Recharacterization and Equitable Subordination
Insiders were protected in making loans to a failing company.
Seventh Circuit Requires Stern Consent from Unserved Defendants in Non-Core Suits
Seventh Circuit complicates life for bankruptcy judges in deciding a case involving magistrates.
Court:
Chapter 13 Debtor Held to Lack Standing to Prosecute a Claim on an Exempt Asset
Judge fails to distinguish between cases in chapter 7 and chapter 13.