Rochellel's Daily Wire

February 10, 2022

Costs of a Disciplinary Proceeding Again Held Nondischargeable Under Section 523(a)(7)

Seventh Circuit says that costs incurred by disciplinary authorities are not in compensation for ‘actual pecuniary loss.’

7th Circuit

February 07, 2022

Supplier Socked for $3.5 Million in Preferences Although All Bills Were Paid on Time

Hounding a debtor for payment and shortening credit terms defeated an ‘ordinary course’ defense to a preference.

7th Circuit, Indiana, Indiana Southern District

December 29, 2021

Although Unusual, Postpetition Retainers Are Permissible, Chicago Judge Says

The possibility that interim compensation allowances can be disgorged means that counsel won’t have an undue advantage over other administrative creditors, Judge Cleary says.

7th Circuit, Illinois, Illinois Northern District

December 27, 2021

PACA Debt Isn’t Nondischargeable, Chicago Judge Says, Siding with the Minority

Lower courts are split on whether violating a PACA trust results in a nondischargeable debt. The question is on direct appeal to the Eleventh Circuit.

7th Circuit, Illinois, Illinois Northern District

December 11, 2021

Complaint Survives Against Chicago for Not Releasing Impounded Cars Immediately

Despite Fulton, a Chicago bankruptcy judge rules that the City of Chicago might have violated Section 362(a)(4), (a)(6) or (a)(7) by refusing to release impounded cars immediately after a debtor files a chapter 13 petition.

7th Circuit, Illinois, Illinois Northern District

November 09, 2021

Judge Barnes Tells Gamblers What Records to Keep to Win a Discharge in Bankruptcy

The suggestion that the debtor never won undercut the poker player’s testimony about uncorroborated gambling losses.

7th Circuit, Illinois, Illinois Northern District

September 29, 2021

Objections to Priority Claims May Follow Confirmation of a Chapter 13 Plan

Confirming a chapter 13 plan on the assumption that a claim was entitled to priority didn’t bar the debtors from later objecting to the priority of the claim.

7th Circuit, Wisconsin, Wisconsin Eastern District

September 08, 2021

Discharge Cuts Off Future Liability on a Guaranty, Some Courts Hold on a Split

The ‘conduct’ test in the Seventh Circuit, not the ‘accrual test,’ determines when a claim arose and whether it was discharged.

7th Circuit, Wisconsin, Wisconsin Eastern District

August 30, 2021

Courts Have Made the FDCPA a ‘Dead Letter,’ Chicago District Judge Says

The opinion tells plaintiffs what actions to take before filing suit to ensure constitutional standing to pursue a claim under the FDCPA.

7th Circuit, Illinois, Illinois Northern District

August 03, 2021

Seventh Circuit Defines What It Means to Practice Law

The Seventh Circuit provided a useful guide for how much supervision a lawyer must provide when a nonlawyer is doing most of the work.

7th Circuit