State Consumer Protection Law Preempted by the Bankruptcy Code Preemption easier to find than implied repeal, Chicago district judge says. Judge Name - Do not use it. Harry D. Leinenweber Read more about State Consumer Protection Law Preempted by the Bankruptcy Code
No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions In one respect, bankruptcy judges have more authority than district judges. Judge Name - Do not use it. James B. Zagel Read more about No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions
Reimbursed Expenses Included in Calculating Median Income for Plan Duration Debtor kicked into longer plan as a consequence of employer’s expense reimbursements. Judge Name - Do not use it. Beth E. Hanan Read more about Reimbursed Expenses Included in Calculating Median Income for Plan Duration
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. Judge Name - Do not use it. Frank H. Easterbrook Read more about Judge Easterbrook Opines on the Meaning of ‘Finality’ Stemming from Bullard
Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules ‘Related to’ jurisdiction arises only if unsecured creditors are affected, judge holds. Judge Name - Do not use it. William T. Lawrence Read more about Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules
Bankruptcy Court Has ‘Core’ Power to Enforce a Final ‘Non-Core’ Order, Circuit Says Enforcing an Article III court’s decision on ownership is a ‘core’ proceeding, Judge Posner rules. Judge Name - Do not use it. Richard A. Posner Read more about Bankruptcy Court Has ‘Core’ Power to Enforce a Final ‘Non-Core’ Order, Circuit Says
Seventh Circuit Widens Split on Filing Stale Claims as Violations of the FDCPA Over dissent, the Seventh Circuit creates a safe harbor for pursuing stale claims in bankruptcy. Judge Name - Do not use it. Joel M. Flaum Read more about Seventh Circuit Widens Split on Filing Stale Claims as Violations of the FDCPA
Stern Objections Always Must Be Raised to Avoid Potential Malpractice The lawyer who lost Wellness International may be facing malpractice liability. Judge Name - Do not use it. Thomas M. Durkin Read more about Stern Objections Always Must Be Raised to Avoid Potential Malpractice
Circuits Split on Invoking Safe Harbor Whenever a Bank Serves as Conduit Seventh Circuit won’t immunize an LBO from fraudulent transfer just by using a bank conduit. Judge Name - Do not use it. Diane P. Wood, Richard A. Posner, Ilana D. Rovner Read more about Circuits Split on Invoking Safe Harbor Whenever a Bank Serves as Conduit
Seventh Circuit Broadly Protects Exemption for Annuities in Wisconsin Annuity purchased 18 months before bankruptcy is exempt in Wisconsin. Judge Name - Do not use it. Richard A. Posner, Ann C. Williams Read more about Seventh Circuit Broadly Protects Exemption for Annuities in Wisconsin