Chapter 13 Debtors May Prorate Tax Refunds in Calculating Plan Payments
Chapter 13 trustees aren’t always entitled to a turnover of tax refunds.
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.
Explicit Provision Required to Maintain Secured Status in a Plan
Creditor lost secured status by sloppy drafting.
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.
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.
Stern Objections Always Must Be Raised to Avoid Potential Malpractice
The lawyer who lost Wellness International may be facing malpractice liability.
Chicago Judge Splits with Ninth Circuit on Interest for Unsecured Claims in Surplus Plan
Default interest rate given to unsecured creditors in full-payment chapter 11 plan.