Rochellel's Daily Wire

July 23, 2024

Chicago’s Judge Cox Enjoins Suits Against Nondebtors, Distinguishing Purdue

After Purdue, two bankruptcy judges now say that preliminary injunctions protecting nondebtors are permissible to foster successful chapter 11 reorganizations.

7th Circuit, Illinois, Illinois Northern District

June 21, 2024

Discharge Injunction Violations Can’t Be Heard in Federal District Court

Circuits are split on whether claims for contempt of the discharge injunction must be brought in the bankruptcy court that issued the discharge.

7th Circuit, Illinois, Illinois Northern District

May 23, 2024

Belated Seventh Circuit Opinion May Set Up ‘Cert’: Is Section 505(a) Jurisdictional?

Seventh Circuit again holds that Section 505(a) doesn’t confer jurisdiction for bankruptcy courts to decide how much debtors owe in taxes.

7th Circuit

May 13, 2024

Three Circuits Now Say ‘13’ Trustees Aren’t Paid if Dismissal Precedes Confirmation

The same question has been sub judice in the Second Circuit for 15 months. Is the Second Circuit on the cusp of making a circuit split?

7th Circuit

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 20, 2024

Seventh Circuit: Transfers of Nonpublic Securities Are Protected by the 546(e) Safe Harbor

The Seventh Circuit adopted a broad reading of the Section 546(e) safe harbor to dismiss a fraudulent transfer suit attacking a sale of nonpublic securities.

7th Circuit

March 06, 2024

Judge Easterbrook Says: Bankruptcy Court Could Set Aside Erroneous State Court Ruling

By referring to the Rooker-Feldman doctrine, the appellant might have won an appeal where the bankruptcy court effectively set aside an erroneous decision by a state court regarding discharge.

7th Circuit

February 13, 2024

Eight Lower Courts Disagree with the Fourth Circuit on Sub V Nondischargeability

Nondischargeability for Sub V corporate debtors is sub judice in the Fifth Circuit.

7th Circuit, Illinois, Illinois Northern District

January 30, 2024

Bankruptcy Is No Get-Out-of-Jail-Free Card for a Disobedient Debtor

When there has been a division of marital property, does a debtor only hold legal title to property given to the spouse?

7th Circuit, Illinois, Illinois Northern District

December 28, 2023

When Inherited Property Becomes Property of the Debtor’s Bankruptcy Estate

Being an heir by itself doesn’t bring a decedent’s estate into the heir’s bankruptcy estate.

7th Circuit, Wisconsin, Wisconsin Eastern District