December 27, 2016
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.
7th CircuitDecember 23, 2016
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.
7th CircuitDecember 15, 2016
District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment
Social Security benefits were properly cut off to recover overpayment.
7th Circuit, Illinois, Illinois Northern DistrictDecember 15, 2016
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.
7th Circuit, Illinois, Illinois Northern DistrictNovember 29, 2016
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.
7th Circuit, Illinois, Illinois Northern DistrictNovember 14, 2016
State Consumer Protection Law Preempted by the Bankruptcy Code
Preemption easier to find than implied repeal, Chicago district judge says.
7th Circuit, Illinois, Illinois Northern DistrictOctober 19, 2016
No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions
In one respect, bankruptcy judges have more authority than district judges.
7th Circuit, Illinois, Illinois Northern DistrictOctober 07, 2016
Reimbursed Expenses Included in Calculating Median Income for Plan Duration
Debtor kicked into longer plan as a consequence of employer’s expense reimbursements.
7th Circuit, Wisconsin, Wisconsin Eastern DistrictAugust 25, 2016
Judge Easterbrook Opines on the Meaning of ‘Finality’ Stemming from Bullard
Finality depends on the final resolution of a dispute, not an issue within a dispute, Circuit Judge Easterbrook says.
7th CircuitAugust 16, 2016
Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules
‘Related to’ jurisdiction arises only if unsecured creditors are affected, judge holds.
7th Circuit, Indiana, Indiana Southern District