District Court Doesn’t Say Whether ‘Person Aggrieved’ Survived Truck Insurance
District court upholds an ‘opt-out’ chapter 11 plan with releases for nondebtors.
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Chicago Judge Devises a Better Method to Allocate Income Tax Refunds Between Spouses
Whoever was overwithheld is entitled to the IRS refund when one spouse doesn’t file, Judge Michael Slade says.
Judgment Liens Based on Nondischargeable Debts May Be Avoided as ‘Impairments’
A homestead can be protected from collection of a nondischargeable debt, limiting the judgment creditor to attaching nonexempt property.
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Barton Halted Third Parties from Suing in an Allegedly Better Forum
When third parties sued a trust created by a confirmed chapter 11 plan, Judge Garrity declined to invent any new exceptions to the Barton doctrine.
A Good Faith Objection to a Sale Cannot Be Raised the First Time on Appeal
The existence of a competing bidder does not put the buyer on notice of an ‘adverse interest’ to avoid dismissal for mootness under Section 363(m), the Sixth Circuit BAP says.
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Debtor Not Compelled to Arbitrate Automatic Stay or Discharge Violations
A district court in Minnesota left the door open for sometimes compelling debtors to arbitrate claims arising in a bankruptcy case.
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