Allowing WARN Claims in Liquidating Chapter 11s, Chicago Judge Splits with Third Circuit
Judge adheres to plain language of agency commentary as though it were a statute.
For Insufficient Notice, a Recorded Right of First Refusal Survived a Sale
Constructive notice deprived a purchaser of ‘bona fide’ status.
Action by Three Courts Required to Settle an Appeal in the Circuit Court
Bankruptcy court approval isn’t enough to settle an appeal in the circuit court.
Court:
Veterans’ Benefits Are Included in Calculating ‘Disposable Income’ in Chapter 13
Congress must address unfairness to veterans, Judge Susan Kelley says.
Bankruptcy Management Solutions’ Exclusive Banking Arrangement Upheld in Seventh Circuit
Circuit Judge Posner finds no Bank Holding Company Act violation in exclusive use of Rabobank NA.
Court:
Explicit Provision Required to Maintain Secured Status in a Plan
Creditor lost secured status by sloppy drafting.
Seventh Circuit Narrowly Interprets Co-Debtor Stay in Section 1301(a)
Co-debtor stay prevented from becoming an automatic stay for a non-filing spouse.
Court:
Judge Posner Says Chapter 13 Confirmation Doesn’t Make Appeals Moot
Entireties ownership wasn’t terminated by transfer to a trust owned by the entireties.
Court:
Lawyers Can Violate FDCPA by Making Factually Inaccurate Allegations in Bankruptcy Pleadings
There is no litigation privilege in the FDCPA for inaccurate allegations in bankruptcy court.
District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment
Social Security benefits were properly cut off to recover overpayment.