April 04, 2016

Chicago Judge Splits with Ninth Circuit on Interest for Unsecured Claims in Surplus Plan

Default interest rate given to unsecured creditors in full-payment chapter 11 plan.

7th Circuit, Illinois, Illinois Northern District

March 25, 2016

Seventh Circuit Tells Lower Courts to Duck State Law Foreclosure Issues

State courts should rule on state law issues, says circuit panel including Richard Posner.

7th Circuit

March 22, 2016

Seventh Circuit Allows Using Objective Evidence to Prove Subjective Recklessness

Lawyer’s malpractice can satisfy Bullock’s recklessness standard for nondischargeability.

7th Circuit

March 18, 2016

Rule 9(b) Fraud Pleading Standards Don’t Apply to an FDCPA Complaint

Willfulness is not required by the FDCPA when pleading an automatic stay violation.

7th Circuit, Illinois, Illinois Southern District

March 16, 2016

Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7

Chicago judge splits with Collier and Ninth Circuit BAP on wages following conversion.

7th Circuit, Illinois, Illinois Northern District

March 08, 2016

Seventh Circuit Opines on Bullard and the Concept of ‘Finality’

Did Bullard alter the notion of ‘finality’? Not in the Seventh Circuit.

7th Circuit

March 04, 2016

Arbitration Agreement Cannot Include Waiver of Dischargeability

On dischargeability, post-filing waivers work, but pre-filing ones don’t.

7th Circuit, Wisconsin, Wisconsin Western District

March 02, 2016

Caesars Wins Brief Reprieve from Lawsuit Against Non-Filed Parent

Chicago entrenches itself as a debtor-friendly venue for chapter 11 reorganizations.

7th Circuit, Illinois, Illinois Northern District

February 15, 2016

Nationwide Class Suits Barred; Loophole Found for Fee-Only Chapter 13 Plans

Consumer debtors bat 500 last week in significant cases.

7th Circuit, Illinois, Illinois Northern District

February 10, 2016

Agency Proceedings Give Rise to Judicial Liens Avoidable When Impairing Exemptions

Milwaukee judge pens a debtor-friendly opinion on judicial liens.

7th Circuit, Wisconsin, Wisconsin Eastern District