Creditors Lack Standing to Appeal in ‘No Asset’ Cases Sometimes only priority creditors will have standing to appeal, Seventh Circuit says. Judge Name - Do not use it. Ann Claire Williams Read more about Creditors Lack Standing to Appeal in ‘No Asset’ Cases
Seventh Circuit Requires Chapter 13 Payments Beyond Five Years Appeals court narrowly reads Bullard on finality. Judge Name - Do not use it. Lynn S. Adelman Read more about Seventh Circuit Requires Chapter 13 Payments Beyond Five Years
Seventh Circuit Broadens ‘Ordinary Course’ Defense to Benefit Suppliers Seventh Circuit lauds Judge Lane’s Quebecor World preference opinion. Judge Name - Do not use it. Diane S. Sykes Read more about Seventh Circuit Broadens ‘Ordinary Course’ Defense to Benefit Suppliers
In-Kind Income Excluded from Calculation of Current Monthly Income Judge takes practical approach to decide what’s considered current monthly income. Judge Name - Do not use it. Susan V. Kelley Read more about In-Kind Income Excluded from Calculation of Current Monthly Income
Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7 Question left open in Harris v. Viegelahn decided against debtor in chapter 11. Judge Name - Do not use it. John Z. Lee Read more about Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7
Power to Issue Money Judgment for Nondischargeable Debt Survives after Stern Posner chides bankruptcy judge for reluctance to enter money judgment. Judge Name - Do not use it. Richard A. Posner Read more about Power to Issue Money Judgment for Nondischargeable Debt Survives after Stern
Chicago Judge Splits with Ninth Circuit on Interest for Unsecured Claims in Surplus Plan Default interest rate given to unsecured creditors in full-payment chapter 11 plan. Judge Name - Do not use it. Robert M. Dow Jr. Read more about Chicago Judge Splits with Ninth Circuit on Interest for Unsecured Claims in Surplus Plan
Seventh Circuit Tells Lower Courts to Duck State Law Foreclosure Issues State courts should rule on state law issues, says circuit panel including Richard Posner. Judge Name - Do not use it. Kenneth F. Ripple Read more about Seventh Circuit Tells Lower Courts to Duck State Law Foreclosure Issues
Seventh Circuit Allows Using Objective Evidence to Prove Subjective Recklessness Lawyer’s malpractice can satisfy Bullock’s recklessness standard for nondischargeability. Judge Name - Do not use it. David F. Hamilton Read more about Seventh Circuit Allows Using Objective Evidence to Prove Subjective Recklessness
Rule 9(b) Fraud Pleading Standards Don’t Apply to an FDCPA Complaint Willfulness is not required by the FDCPA when pleading an automatic stay violation. Judge Name - Do not use it. J. Phil Gilbert Read more about Rule 9(b) Fraud Pleading Standards Don’t Apply to an FDCPA Complaint