For Insufficient Notice, a Recorded Right of First Refusal Survived a Sale Constructive notice deprived a purchaser of ‘bona fide’ status. Judge Name - Do not use it. Susan V. Kelley Read more about For Insufficient Notice, a Recorded Right of First Refusal Survived a Sale
Action by Three Courts Required to Settle an Appeal in the Circuit Court Bankruptcy court approval isn’t enough to settle an appeal in the circuit court. Judge Name - Do not use it. Kenneth Francis Ripple Read more about Action by Three Courts Required to Settle an Appeal in the Circuit Court
Veterans’ Benefits Are Included in Calculating ‘Disposable Income’ in Chapter 13 Congress must address unfairness to veterans, Judge Susan Kelley says. Judge Name - Do not use it. Susan V. Kelley Read more about Veterans’ Benefits Are Included in Calculating ‘Disposable Income’ in Chapter 13
Bankruptcy Management Solutions’ Exclusive Banking Arrangement Upheld in Seventh Circuit Circuit Judge Posner finds no Bank Holding Company Act violation in exclusive use of Rabobank NA. Judge Name - Do not use it. Richard A. Posner Read more about Bankruptcy Management Solutions’ Exclusive Banking Arrangement Upheld in Seventh Circuit
Explicit Provision Required to Maintain Secured Status in a Plan Creditor lost secured status by sloppy drafting. Judge Name - Do not use it. Charles R. Norgle Read more about Explicit Provision Required to Maintain Secured Status in a Plan
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. Judge Name - Do not use it. Joel M. Flaum Read more about Seventh Circuit Narrowly Interprets Co-Debtor Stay in Section 1301(a)
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. Judge Name - Do not use it. Richard A. Posner Read more about Judge Posner Says Chapter 13 Confirmation Doesn’t Make Appeals Moot
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. Judge Name - Do not use it. Rubén Castillo Read more about Lawyers Can Violate FDCPA by Making Factually Inaccurate Allegations in Bankruptcy Pleadings
District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment Social Security benefits were properly cut off to recover overpayment. Judge Name - Do not use it. Sharon Johnson Coleman Read more about District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment
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. Judge Name - Do not use it. Donald R. Cassling Read more about D’Oench Duhme Gives FDIC Broad Protection from Fraudulent Transfer Suits