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ABI Journal

Rochellel's Daily Wire

August 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 District

July 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 District

June 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 District

February 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 District

January 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 District

December 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

May 18, 2023

Seventh Circuit to Rule on Paying ‘13’ Trustees if Dismissal Precedes Confirmation

Within the next year, four circuits will have ruled on a split where some lower courts pay chapter 13 trustees and others don’t when dismissal precedes confirmation.

7th Circuit, Illinois, Illinois Northern District

April 12, 2023

Core vs. Non-Core Doesn’t Determine Whether Arbitration Will Be Enforced

Chicago’s Judge Cleary didn’t compel arbitration of an affirmative counterclaim by the debtor against the creditor that would be determined in the course of passing on the allowance of the creditor’s proof of claim.

7th Circuit, Illinois, Illinois Northern District

November 07, 2022

Harris Expanded to Bar Paying Debtor’s Counsel After Conversion from ‘13’

Harris v. Viegelahn bars any payment by a chapter 13 trustee after conversion, not just payments to creditors, Judge LaShonda Hunt says.

7th Circuit, Illinois, Illinois Northern District

October 06, 2022

Property Held in a Joint Tenancy Leaves the Estate on the Debtor’s Death

If a debtor owns property as a joint tenant with right of survivorship, the trustee has nothing to sell if the debtor dies.

7th Circuit, Illinois, Illinois Northern District