Although a disclaimed inheritance is ordinarily beyond the avoiding powers, a trustee can step into the shoes of the IRS to set aside the disclaimer.
The Seventh Circuit has yet to rule precisely on whether the bankruptcy court can sell assets free and clear of successor liability.
The district court opinion affirms the notion that bankruptcy courts have ‘core’ power without a jury to adjudicate claims of attorney misconduct.
Courts are split over the effect on claims discharged in chapter 7 if the debtor converts the case to chapter 13.
Local rules may not impose confirmation requirements beyond those contained in the statute.
Illinois judges disagree on whether direct payments to a mortgagee are “under the plan” and must be made in full to obtain a chapter 13 discharge.
Willfulness is not required by the FDCPA when pleading an automatic stay violation.