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ABI Journal

Diane S. Sykes

Another Case Shows the Need to Provide Remedies for Discharge Violations

Discharge was violated, but sanctions are likely out of reach.

Seventh Circuit: Reclamation Claims Are Subordinate to DIP Financing

The 2005 amendments to Section 546(c) departed from state law under UCC § 2-702 by creating a federal rule making reclamation claims subordinate to existing secured claims and DIP financing.

Failure to Petition the Circuit Court for a Direct Appeal Requires Dismissal

Overruling its own precedent, the Seventh Circuit dismissed an appeal when the appellant had not filed a motion in the appeals court for permission to undertake a direct appeal, even though the bankruptcy court had certified the question to the circuit.

Illinois Divorce Court Can Strip Away Estate Property, Seventh Circuit Says

Overlay divorce and bankruptcy, and you’ve got a big mess.

Seventh Circuit Broadens ‘Ordinary Course’ Defense to Benefit Suppliers

Seventh Circuit lauds Judge Lane’s Quebecor World preference opinion.