June 16, 2022
Plan Amendment Barred When Just a Few Claims Had Been Paid After Confirmation
Substantial consummation under Section 1193(b) was defined by the bankruptcy court to mean commencement of distributions to some but not all creditor classes.
7th Circuit, Illinois, Illinois Northern DistrictJune 07, 2022
A Receiver May Move to Dismiss an Involuntary Petition, but May Not Answer
Surprisingly, there is little authority on whether or how a receiver may respond to the filing of an involuntary petition.
7th Circuit, Illinois, Illinois Northern DistrictDecember 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The statutory basis for permanent relief under today’s chapter 15 was found in former Section 304, which chapter 15 superseded.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 District