Sixth Circuit Thwarts Tennessee in Jacking Up Interest Rate on Tax Claims
Does ‘nonbankruptcy law’ mean any law other than the Bankruptcy Code?
For Insufficient Notice, a Recorded Right of First Refusal Survived a Sale
Constructive notice deprived a purchaser of ‘bona fide’ status.
Constructive Trust Theory Fails Without Showing Unjust Enrichment
Parents who benefitted from son’s secret ownership couldn’t claim title.
Debtor’s Consent Judgment Doesn’t Result in Automatically Allowed Claim
Clever strategy failed to limit a debtor’s personal liability.
Action by Three Courts Required to Settle an Appeal in the Circuit Court
Bankruptcy court approval isn’t enough to settle an appeal in the circuit court.
Debtor Still Protected by Automatic Stay Even after Right of Redemption Terminates
Ninth Circuit’s Tracht Gut opinion limited to its facts by the BAP.
Fourth Circuit Follows Pre-Code Law Despite Contrary Legislative History
A bank deposit is only a substitution, not a transfer of property, circuit holds.
Paying for a Car in Full and Having Exclusive Possession Don’t Result in Ownership
Strict adherence to Michigan law required for ownership of an automobile.
A Proper Foreclosure Sale Can Never Be a Preference, Judge Holds
Despite gaining more than through chapter 7, purchasing at foreclosure is no preference.
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.