Debtor Can’t Reaffirm an Auto Loan by Waiving Discharge of the Debt Chief Judge Gorman requires strict adherence to Section 524(c) in reaffirming a debt. Judge Name - Do not use it. Mary P. Gorman Read more about Debtor Can’t Reaffirm an Auto Loan by Waiving Discharge of the Debt
Notre Dame Football Tickets Are Not Exempt Property, South Bend Judge Holds Notre Dame football tickets are not necessary for a fresh start. Judge Name - Do not use it. Harry C. Dees, Jr. Read more about Notre Dame Football Tickets Are Not Exempt Property, South Bend Judge Holds
Seventh Circuit Opines on Method for Calculating ‘New Value’ Defense Average daily sales suffice to show the date when new value was advanced. Read more about Seventh Circuit Opines on Method for Calculating ‘New Value’ Defense
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Mistakenly cancelling a mortgage can result in a preference but not a fraudulent transfer if the cancellation is later rescinded. Judge Name - Do not use it. Deborah L. Thorne Read more about Reperfecting a Mortgage Isn’t Grounds for a Fraudulent Transfer
Existence of a Committee Precludes Tolling the Statute for Adverse Domination The statute is tolled only if the creditors’ committee is denied standing to sue. Judge Name - Do not use it. Michael S. Kanne Read more about Existence of a Committee Precludes Tolling the Statute for Adverse Domination
Chicago Judge Writes a Primer on Recharacterization and Equitable Subordination Insiders were protected in making loans to a failing company. Judge Name - Do not use it. Thomas M. Durkin Read more about Chicago Judge Writes a Primer on Recharacterization and Equitable Subordination
Seventh Circuit Requires Stern Consent from Unserved Defendants in Non-Core Suits Seventh Circuit complicates life for bankruptcy judges in deciding a case involving magistrates. Judge Name - Do not use it. Seventh Circuit Read more about Seventh Circuit Requires Stern Consent from Unserved Defendants in Non-Core Suits
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. Judge Name - Do not use it. Amy J. St. Eve Read more about Chapter 13 Debtor Held to Lack Standing to Prosecute a Claim on an Exempt Asset
Chapter 13 Debtors May Prorate Tax Refunds in Calculating Plan Payments Chapter 13 trustees aren’t always entitled to a turnover of tax refunds. Judge Name - Do not use it. Carol A. Doyle Read more about Chapter 13 Debtors May Prorate Tax Refunds in Calculating Plan Payments
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. Judge Name - Do not use it. Timothy A. Barnes Read more about Allowing WARN Claims in Liquidating Chapter 11s, Chicago Judge Splits with Third Circuit