Bankruptcy Management Solutions’ Exclusive Banking Arrangement Upheld in Seventh Circuit
Circuit Judge Posner finds no Bank Holding Company Act violation in exclusive use of Rabobank NA.
Explicit Provision Required to Maintain Secured Status in a Plan
Creditor lost secured status by sloppy drafting.
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.
District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment
Social Security benefits were properly cut off to recover overpayment.
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.
Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules
‘Related to’ jurisdiction arises only if unsecured creditors are affected, judge holds.