January 02, 2020
PACA Doesn’t Give Rise to Denial of Discharge for Defalcation, Chicago Judge Says
A PACA trust lacks the hallmarks of a trust, so a failure to pay a produce supplier doesn’t give rise to a nondischargeable debt for defalcation while acting in a fiduciary capacity, Judge Goldgar says.
7th Circuit, Illinois, Illinois Northern DistrictDecember 18, 2019
Even a $3 Million Claim for Severance Is Exempt in Illinois as Wages, Easterbrook Says
Pleas to injustice and unfairness failed to persuade the Seventh Circuit to depart from a state law exemption for wages.
7th CircuitDecember 06, 2019
Seventh Circuit Limits Punitive Damages to Total Compensatory Damages of $582,000
Despite atrocious mortgage servicing, the circuit court cut a jury’s $3 million award of punitive damages to $582,000.
7th CircuitNovember 25, 2019
Medical Bills Are Held to Be Consumer Debts, Invoking the Means Test
Someone forced into bankruptcy on account of medical bills will also be forced into chapter 13.
7th Circuit, Illinois, Illinois Central DistrictNovember 21, 2019
Receivership Court May (Sometimes) Bar the Filing of an Involuntary Bankruptcy
Court weighs the relative advantages of receivership versus bankruptcy in deciding whether to bar the filing of an involuntary bankruptcy.
7th Circuit, Illinois, Illinois Northern DistrictNovember 14, 2019
Seventh Circuit Holds that Parking Tickets and Fines Are Chapter 13 ‘Admin’ Expenses
Appeals courts won’t allow bankruptcy to shield debtors from paying parking tickets and fines incurred in the course of a chapter 13 case.
7th CircuitOctober 10, 2019
Failure to Raise a Stern Objection Violates a Lawyer’s Standard of Care
The lawyer whose waiver led to Wellness International avoided malpractice by the skin of his teeth.
7th Circuit, Illinois, Illinois Northern DistrictOctober 07, 2019
Debtors’ Attorneys Are Paid in Chapter 13 Before Secured Creditors
Indiana bankruptcy and district judges rule that secured lenders are only entitled to ‘adequate protection’ until the debtor’s counsel’s allowed fees have been paid in full.
7th Circuit, Indiana, Indiana Southern DistrictSeptember 24, 2019
Section 505(a) Doesn’t Confer Jurisdiction to Determine Amount of a Tax, Circuit Says
Seventh Circuit splits with other circuits on basis for jurisdiction to determine the amount of a tax.
7th CircuitSeptember 16, 2019
Seventh Circuit Splits with the First Circuit on Sufficiency of Financing Statements
Seventh Circuit holds that a financing statement is sufficient if it describes collateral by reference to an unattached security agreement.
7th Circuit