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 DistrictDecember 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 DistrictDecember 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 DistrictNovember 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 DistrictAugust 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 DistrictMarch 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The statutory basis for permanent relief under today’s chapter 15 was found in former Section 304, which chapter 15 superseded.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 DistrictMarch 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 DistrictFebruary 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 DistrictSeptember 02, 2020
Claims Discharged in Chapter 7 Revive If the Case Is Converted to Chapter 13
Courts are split over the effect on claims discharged in chapter 7 if the debtor converts the case to chapter 13.
7th Circuit, Illinois, Illinois Southern DistrictAugust 12, 2020
The Automatic Stay Is a Get-Out-of-Jail Free Card in Chicago
The Seventh and Ninth Circuits may not be on the same page when it comes contempt citations falling under the Section 362(b)(4) exception to the automatic stay.
7th Circuit, Illinois, Illinois Northern District