April 04, 2018

Another Bankruptcy Judge Disregards Student Loans on Chapter 13 Eligibility

Student loan debtor ineligible for chapter 7 may pursue chapter 13 even with too much unsecured debt, Judge Catherine J. Furay says.

7th Circuit, Wisconsin, Wisconsin Western District

March 26, 2018

Seventh Circuit Allows Anticipated Tax Refunds to Be Offset by Expenses in Chapter 13

On direct appeal, Seventh Circuit upholds Bankruptcy Judge Thorne by allowing chapter 13 debtors to retain anticipated refunds from earned income tax credits.

7th Circuit

March 08, 2018

Courts Split on Denying a Chapter 13 Discharge for Failure to Make Direct Payments

Illinois judge interprets Rule 3002.1 as being ‘debtor-friendly,’ not as creating new grounds for denial of a chapter 13 discharge.

7th Circuit, Illinois, Illinois Central District

February 02, 2018

Illinois Divorce Court Can Strip Away Estate Property, Seventh Circuit Says

Overlay divorce and bankruptcy, and you’ve got a big mess.

7th Circuit

January 22, 2018

A Turnover Action Will Suffice if a Transfer Was a ‘Sham,’ Seventh Circuit Says

Fraudulent transfer suit isn’t always required to recover fraudulently transferred property.

7th Circuit

January 17, 2018

Properly Read, Seventh Circuit Opinion Does Not Undercut DIP Financing

Opinion does not mean that a DIP financing lien terminates when collateral is transferred.

7th Circuit

January 10, 2018

No Statute of Limitations Bar from Asserting a New Theory of Recovery

If a preference theory fails, try fraudulent transfer.

7th Circuit, Illinois, Illinois Northern District

January 04, 2018

Chicago Judge Erases Chapter 13 Debt Limits on Student Loans

Large student loans do not justify dismissal of a chapter 13 case when chapter 11 is the only alternative, Bankruptcy Judge Janet S. Baer says.

7th Circuit, Illinois, Illinois Northern District

December 28, 2017

Administrative Status Given for Claims Against an Assignee for Creditors

Chicago judge finds flexibility for granting ‘protection’ claims under Section 543(c)(1).

7th Circuit, Illinois, Illinois Northern District

December 22, 2017

Chicago Believes that Inaction Doesn’t Violate the Automatic Stay

Windy City plunges into the circuit split on inaction as a violation of the automatic stay.

7th Circuit, Illinois, Illinois Northern District