Courts Split on Whether Claims for Overpayments of DSOs Are Themselves DSOs
Status of claims for overpayment of domestic support obligations begs for appellate review.
Judge Name - Do not use it.
Deborah L. Thorne
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The Unlimited Wedding Ring Exemption Has Some Limits, Illinois Judge Says
Opinion traces the thousand-year history of wedding and engagement rings.
Judge Name - Do not use it.
Jack B. Schmetterer
Debtor Can’t Reaffirm an Auto Loan by Waiving Discharge of the Debt
Chief Judge Gorman requires strict adherence to Section 524(c) in reaffirming a debt.
Judge Name - Do not use it.
Mary P. Gorman
Reperfecting a Mortgage Isn’t Grounds for a Fraudulent Transfer
Mistakenly cancelling a mortgage can result in a preference but not a fraudulent transfer if the cancellation is later rescinded.
Judge Name - Do not use it.
Deborah L. Thorne
Chicago Judge Writes a Primer on Recharacterization and Equitable Subordination
Insiders were protected in making loans to a failing company.
Judge Name - Do not use it.
Thomas M. Durkin
Chapter 13 Debtor Held to Lack Standing to Prosecute a Claim on an Exempt Asset
Judge fails to distinguish between cases in chapter 7 and chapter 13.
Judge Name - Do not use it.
Amy J. St. Eve
Chapter 13 Debtors May Prorate Tax Refunds in Calculating Plan Payments
Chapter 13 trustees aren’t always entitled to a turnover of tax refunds.
Judge Name - Do not use it.
Carol A. Doyle
Allowing WARN Claims in Liquidating Chapter 11s, Chicago Judge Splits with Third Circuit
Judge adheres to plain language of agency commentary as though it were a statute.
Judge Name - Do not use it.
Timothy A. Barnes
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
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