September 15, 2017
Reperfecting a Mortgage Isn’t Grounds for a Fraudulent Transfer
Mistakenly cancelling a mortgage can result in a preference but not a fraudulent transfer if the cancellation is later rescinded.
7th Circuit, Illinois, Illinois Northern DistrictJuly 27, 2017
Chicago Judge Writes a Primer on Recharacterization and Equitable Subordination
Insiders were protected in making loans to a failing company.
7th Circuit, Illinois, Illinois Northern DistrictMay 17, 2017
Chapter 13 Debtor Held to Lack Standing to Prosecute a Claim on an Exempt Asset
Judge fails to distinguish between cases in chapter 7 and chapter 13.
7th Circuit, Illinois, Illinois Northern DistrictMarch 17, 2017
Chapter 13 Debtors May Prorate Tax Refunds in Calculating Plan Payments
Chapter 13 trustees aren’t always entitled to a turnover of tax refunds.
7th Circuit, Illinois, Illinois Northern DistrictMarch 01, 2017
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.
7th Circuit, Illinois, Illinois Northern DistrictJanuary 26, 2017
Explicit Provision Required to Maintain Secured Status in a Plan
Creditor lost secured status by sloppy drafting.
7th Circuit, Illinois, Illinois Northern DistrictDecember 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 District