Here’s How a Disclaimed Inheritance Can Be Recovered Under Section 544(b) Although a disclaimed inheritance is ordinarily beyond the avoiding powers, a trustee can step into the shoes of the IRS to set aside the disclaimer. Read more about Here’s How a Disclaimed Inheritance Can Be Recovered Under Section 544(b)
Assets Sold Free and Clear of a Multi-Employer Pension Plan’s Withdrawal Liability The Seventh Circuit has yet to rule precisely on whether the bankruptcy court can sell assets free and clear of successor liability. Read more about Assets Sold Free and Clear of a Multi-Employer Pension Plan’s Withdrawal Liability
No Withdrawal or Jury Trial on Claims that Lawyers Violated Section 526 The district court opinion affirms the notion that bankruptcy courts have ‘core’ power without a jury to adjudicate claims of attorney misconduct. Read more about No Withdrawal or Jury Trial on Claims that Lawyers Violated Section 526
Chapter 13 Can Shield Preferences from Recovery So long as the debtor is paying unsecured creditors what chapter 13 requires, the debtor is not obliged to pursue preferences. Read more about Chapter 13 Can Shield Preferences from Recovery
Claims Discharged in Chapter 7 Revive If the Case Is Converted to Chapter 13 Courts are split over the effect on claims discharged in chapter 7 if the debtor converts the case to chapter 13. Read more about Claims Discharged in Chapter 7 Revive If the Case Is Converted to Chapter 13
District Court Limits Bankruptcy Judges’ Ability to Enact Local Rules Local rules may not impose confirmation requirements beyond those contained in the statute. Judge Name - Do not use it. David R. Herndon Read more about District Court Limits Bankruptcy Judges’ Ability to Enact Local Rules
Judges Split on Denial of Chapter 13 Discharge for Missing Direct Mortgage Payments Illinois judges disagree on whether direct payments to a mortgagee are “under the plan” and must be made in full to obtain a chapter 13 discharge. Judge Name - Do not use it. Laura K. Grandy Read more about Judges Split on Denial of Chapter 13 Discharge for Missing Direct Mortgage Payments
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