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Home
February 24, 2025
Forbearance Agreement Wasn’t an Enforceable Waiver of the Automatic Stay
Bankruptcy Judge Laura Grandy (politely) faulted other federal courts for failing to follow the Illinois mortgage statute and decisions by the Illinois Supreme Court.
7th Circuit
,
Illinois
,
Illinois Southern District
November 04, 2024
Releasing a Lien Under Section 1325(a)(5)(B) Is Different When There Are Co-Debtors
Despite Section 1325(a)(5)(B), an auto lender was entitled to retain a lien when there were co-debtors.
7th Circuit
,
Illinois
,
Illinois Southern District
April 12, 2024
Section 1325(b)(1) Held Applicable to Post-Confirmation Amendments to Chapter 13 Plans
Courts are split on whether the confirmation requirements in Section 1325(b)(1) apply when a debtor seeks confirmation of an amended plan.
7th Circuit
,
Illinois
,
Illinois Southern District
March 23, 2023
Here’s How a Disclaimed Inheritance Can Be Recovered Under Section 544(b)
Although a disclaimed inheritance is ordinarily beyond the avoiding powers, a trustee can step into the shoes of the IRS to set aside the disclaimer.
7th Circuit
,
Illinois
,
Illinois Southern District
July 20, 2022
Assets Sold Free and Clear of a Multi-Employer Pension Plan’s Withdrawal Liability
The Seventh Circuit has yet to rule precisely on whether the bankruptcy court can sell assets free and clear of successor liability.
7th Circuit
,
Illinois
,
Illinois Southern District
September 02, 2020
Claims Discharged in Chapter 7 Revive If the Case Is Converted to Chapter 13
Courts are split over the effect on claims discharged in chapter 7 if the debtor converts the case to chapter 13.
7th Circuit
,
Illinois
,
Illinois Southern District
August 06, 2020
Seven-Year Chapter 13 Stretchout Isn’t Available for Plans Confirmed After March 27
Two judges agree that the CARES Act amendment allowing chapter 13 plans to run for seven years is applicable only to plans confirmed before March 27.
6th Circuit
,
Michigan
,
Michigan Eastern District
August 31, 2018
Judges Split on Denial of Chapter 13 Discharge for Missing Direct Mortgage Payments
Illinois judges disagree on whether direct payments to a mortgagee are “under the plan” and must be made in full to obtain a chapter 13 discharge.
7th Circuit
,
Illinois
,
Illinois Southern District