Mistakenly cancelling a mortgage can result in a preference but not a fraudulent transfer if the cancellation is later rescinded.
Insiders were protected in making loans to a failing company.
Judge fails to distinguish between cases in chapter 7 and chapter 13.
Chapter 13 trustees aren’t always entitled to a turnover of tax refunds.
Judge adheres to plain language of agency commentary as though it were a statute.
Creditor lost secured status by sloppy drafting.
There is no litigation privilege in the FDCPA for inaccurate allegations in bankruptcy court.
Social Security benefits were properly cut off to recover overpayment.
Bank need not be a party to a secret agreement for D’Oench Duhme defense to apply.
Preemption easier to find than implied repeal, Chicago district judge says.