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ABI Journal

7th Circuit

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 Posner Says Chapter 13 Confirmation Doesn’t Make Appeals Moot

Entireties ownership wasn’t terminated by transfer to a trust owned by the entireties.

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.

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.

State Consumer Protection Law Preempted by the Bankruptcy Code

Preemption easier to find than implied repeal, Chicago district judge says.

No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions

In one respect, bankruptcy judges have more authority than district judges.

Reimbursed Expenses Included in Calculating Median Income for Plan Duration

Debtor kicked into longer plan as a consequence of employer’s expense reimbursements.

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.

Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules

‘Related to’ jurisdiction arises only if unsecured creditors are affected, judge holds.