Rochellel's Daily Wire

July 30, 2021

Cap on Employee Benefit Claims Is Per Plan, Not Per Debtor, Seventh Circuit Says

The $13,650 cap on priority claims for each employee under an ‘employee benefit plan’ applies to each benefit plan, not to all of an employer’s benefit plans added together, the Seventh Circuit says.

7th Circuit

April 15, 2021

Holding Impounded Cars Still Might Violate the Automatic Stay, Seventh Circuit Says

Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).

7th Circuit

April 01, 2021

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

Another court strains to explain why costs incurred by disciplinary authorities were not in compensation for “actual pecuniary loss.”

7th Circuit, Wisconsin, Wisconsin Western District

March 31, 2021

Statutory Basis for Permanent Injunctions in Chapter 15 Explained by Judge Barnes

The statutory basis for permanent relief under today’s chapter 15 was found in former Section 304, which chapter 15 superseded.

7th Circuit, Illinois, Illinois Northern District

March 26, 2021

Seventh Circuit Primed to Take on a Circuit Split on Automatic Stay Termination

District judge in Indiana holds that the automatic stay only ends as to the debtor’s property after a repeat filing, not also as to estate property.

7th Circuit, Indiana, Indiana Northern District

March 10, 2021

Bankruptcy Judge Helps a Debtor Who Couldn’t Defend a Dischargeability Suit

Bankruptcy judge had tricks up his sleeve to help a debtor who couldn’t afford a lawyer to defend a dischargeability suit.

7th Circuit, Illinois, Illinois Northern District

March 04, 2021

Courts Are Split on Whether Counsel Fees Are Considered in the Chapter 13 Best Interests Test

Deferred payments to unsecured creditors in a chapter 13 plan must equal the present value of the distributions required by the best interests test, Judge Halfenger says.

7th Circuit, Wisconsin, Wisconsin Eastern District

February 23, 2021

Espinosa Doesn’t Forgive All Procedural Defects in Confirmation, Judge Ludwig Says

To sell free and clear, someone with an interest in the property must receive the notice required for service of a summons and complaint. Actual notice doesn’t suffice.

7th Circuit, Wisconsin, Wisconsin Eastern District

February 03, 2021

Debtors Win in District Court: They Can Avoid Judicial Liens on Impounded Cars

Car owners lost in Fulton but won when a Chicago district judge affirmed and ruled that debtors may avoid judicial liens on impounded cars.

7th Circuit, Illinois, Illinois Northern District

January 26, 2021

Insurers Don’t Pay Bankruptcy Costs in a Mass-Tort Chapter 11

A voluntary chapter 11 case is neither a ‘suit’ nor a ‘claim’ against a debtor giving rise to an insurer’s duty to defend.

7th Circuit, Indiana, Indiana Southern District