District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment Social Security benefits were properly cut off to recover overpayment. Judge Name - Do not use it. Sharon Johnson Coleman Read more about District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment
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. Judge Name - Do not use it. Donald R. Cassling Read more about D’Oench Duhme Gives FDIC Broad Protection from Fraudulent Transfer Suits
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
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
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
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
Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7 Chicago judge splits with Collier and Ninth Circuit BAP on wages following conversion. 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
Caesars Wins Brief Reprieve from Lawsuit Against Non-Filed Parent Chicago entrenches itself as a debtor-friendly venue for chapter 11 reorganizations. Judge Name - Do not use it. A. Benjamin Goldgar Read more about Caesars Wins Brief Reprieve from Lawsuit Against Non-Filed Parent
Nationwide Class Suits Barred; Loophole Found for Fee-Only Chapter 13 Plans Consumer debtors bat 500 last week in significant cases. Judge Name - Do not use it. Jack B. Schmetterer and James L. Robinson Read more about Nationwide Class Suits Barred; Loophole Found for Fee-Only Chapter 13 Plans