Rochellel's Daily Wire

June 25, 2025

Comparative Fault Doesn’t Require Reduced Attorneys’ Fees for Discharge Violations

Seventh Circuit holds that comparative fault requires a reduction in compensatory damages for a discharge violation but not for a debtor’s attorneys’ fees.

7th Circuit

May 29, 2025

Judge Furay Sides with the Minority on Stay Termination After a Repeat Filing

Courts are divided on whether automatic stay termination in Section 362(c)(3) applies to property of the debtor’s estate.

7th Circuit, Wisconsin, Wisconsin Western District

May 09, 2025

In ‘13,’ a Creditor Wanted Debtors’ Counsels’ Fees to Come Last, Not First

Chicago’s Bankruptcy Judge Donald Cassling nixed an idea that would have made chapter 13 unpalatable for debtors’ counsel.

7th Circuit, Illinois, Illinois Northern District

April 07, 2025

Married Immediately Before Bankruptcy, the ‘Household’ Is Two, Not One

Wife who contributed nothing toward household expenses is still counted as part of the ‘household,’ Chicago’s Judge Slade says.

7th Circuit, Illinois, Illinois Northern District

March 19, 2025

Arbitration in Bankruptcy Isn’t All or Nothing, Judge David Cleary Says

Chicago’s Judge David Cleary called for post-confirmation arbitration of claims between the debtor and a creditor, but no arbitration for the creditor’s defenses, raising questions of bankruptcy law.

7th Circuit, Illinois, Illinois Northern District

March 18, 2025

Class Actions: The Answer for Stay Violations with Small Damages for Each Debtor

A class action in Chicago will decide whether bankruptcy judges have the tools to rectify a single creditor’s violation of the rights of similarly situated debtors.

7th Circuit, Illinois, Illinois Northern District

March 11, 2025

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.

7th Circuit, Illinois, Illinois Central District

February 27, 2025

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.

7th Circuit, Illinois, Illinois Northern District

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

January 24, 2025

Companies Can Be ‘Bankruptcy Remote,’ if Properly Done

Bankruptcy Judge David Cleary wrote a manual on how a company can be ‘bankruptcy remote’ without violating public policy.

7th Circuit, Illinois, Illinois Northern District