November 18, 2024
Judge Thorne Describes the Quantum of Evidence Needed to Show a Plan Is Fair and Equitable
Although a ‘true-up’ cannot be imposed, a debtor could employ a ‘true-up’ to confirm an otherwise nonconfirmable plan.
7th Circuit, Illinois, Illinois Northern DistrictNovember 04, 2024
Releasing a Lien Under Section 1325(a)(5)(B) Is Different When There Are Co-Debtors
Despite Section 1325(a)(5)(B), an auto lender was entitled to retain a lien when there were co-debtors.
7th Circuit, Illinois, Illinois Southern DistrictAugust 20, 2024
Judge Barnes Explained Why Bankruptcy Stays Don’t Require Personal Jurisdiction
Chicago’s Bankruptcy Judge Timothy Barnes explained eight years ago why bankruptcy stays do not require personal jurisdiction, unlike injunctions in receiverships.
7th Circuit, Illinois, Illinois Northern DistrictAugust 09, 2024
Nondischargeability Is a ‘Thing’ for Corporate Subchapter V Debtors, Judge Thorne Says
The tide is turning against corporate Sub V debtors. Two bankruptcy judges now side with two circuits in holding that debts of corporate debtors can be nondischargeable.
7th Circuit, Illinois, Illinois Northern DistrictJuly 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 DistrictJune 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 DistrictApril 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 DistrictFebruary 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 DistrictJanuary 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 DistrictDecember 07, 2023
Debtor May Amend a ‘13’ Plan to Modify the Treatment of a Secured Creditor’s Claim
Chicago Bankruptcy Judge David Cleary followed a decision by then-district Judge David Hamilton and “respectfully” disagreed with decisions by two predecessors on the same bankruptcy bench.
7th Circuit, Illinois, Illinois Northern District