For Fraudulent Transfers, Retailers Needn’t Police Who Receives Value from the Purchase
Judge Peter Henderson declined to adopt an interpretation of Section 548 that would turn innocent retailers into recipients of fraudulent transfers when someone buys goods but turns the goods over to someone else.
Medical Bills Are Held to Be Consumer Debts, Invoking the Means Test
Someone forced into bankruptcy on account of medical bills will also be forced into chapter 13.
Did Segal Survive Butner in Defining Property of the Estate?
Judge Perkins in Illinois says the ‘sufficiently rooted’ test from Segal v. Rochelle did not survive Butner and the adoption of the Bankruptcy Code.
Courts Split on Denying a Chapter 13 Discharge for Failure to Make Direct Payments
Illinois judge interprets Rule 3002.1 as being ‘debtor-friendly,’ not as creating new grounds for denial of a chapter 13 discharge.
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.