Despite the fact that "disadvantaged business" and a "disadvantaged individual" refers to women and minorities, an owner of any race or gender may seek a "waiver." Dunnet sought but was denied a waiver. As a result, Dunnet brought a discrimination suit claiming that the denial was a violation of its equal protection rights under the...Read More
As stated by the Supreme Court: requiring Bankruptcy Attorneys to bear the costs of their fee-defense litigation under 330(a)(1) "creates no disincentive to bankruptcy practice." Hear that Bankruptcy lawyers? You're on your own.Read More
7th Circuit Court of Appeals holds that auctioning off a lawsuit owned by a Debtor in Bankruptcy placed the claim-buyer ahead of other creditors; it also found that the claim-buyer had not been a "good faith" purchaser, and that no valid interest was impaired by rescinding the sale so the Debtor could pursue its suit...Read More
The Court stated conclusively that a Debtor in a Chapter 7 Bankruptcy may not void a junior mortgage lien under §506(d) even when the value of the senior mortgage lien exceeds the value of the Debtor's home if the junior claim is secured by a lien and allowed under §502 of the Code.Read More
Whether the issue is a judgment in State Court or confirmation of a Bankruptcy Plan of Reorganization, only "final and appealable" decisions may be overturned by a higher Court. Maybe we all know that, but once in a while we need to be reminded just what is and is not final.Read More
In 2004 Miller sought to build a 4-unit condominium project on her lot in Monona, Wisconsin. The process stalled while Miller bought another lot, amended the plan, and abated an unexpected asbestos problem. Then her real problems began.Read More
Foreclosure defense practice has become a veritable cottage industry over the past decade and it is common for Clients to expect their lawyer to do more than fight. They want to delay "by any means necessary." But the Courts still regard the law as a genteel profession. What Clients see as run of the mill...Read More
In Kmart v. Footstar and Liberty Mutual the 7th Circuit Court of Appeals was presented with 2 primary issues: Is an indemnification clause triggered when an employee acts outside the scope of his duties? Does an insurance company have a duty to defend the lawsuit arising from such an incident?Read More
Diversity jurisdiction brought this complex commercial case before the 7th Circuit, which applied Illinois law to a series of trademark and business questions. At issue was whether the developer of chenille fabric under the tradename "Kashwere" (Selzer) could prevent a series of transactions via a non-compete agreement ("NCA") and, conversely, whether the buyer of the...Read More
As a Bankruptcy lawyer I can't count how many times people have asked why Courts won't reduce their mortgage debt to match the deflated value of their home, or why they should pay anything on that second mortgage, line of credit, or HELOC, when they're underwater. I even discussed these questions and the state of...Read More
