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ABI Journal

Rochellel's Daily Wire

August 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

June 11, 2020

Force Majeure Clause Cut an Illinois Debtor’s Rent by 75%

Chicago judge cut rent by 75% after governor prohibited on-premises dining in the debtor’s restaurant.

7th Circuit, Illinois, Illinois Northern District

March 06, 2020

Must a Debtor Be Destitute Before Discharging Student Loans?

Unemployed for 16 months, surviving on food stamps, and living rent-free enabled a debtor to discharge student loans.

7th Circuit, Illinois, Illinois Northern District

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 District

November 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 District

October 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 District

April 17, 2019

Lenders Admonished to Demand Nothing More in Plans than the Law Allows

Judge Hunt in Chicago tells debtors’ counsel to oppose inclusion of unjustifiable provisions in chapter 13 plans, even if it means contested confirmation hearings.

7th Circuit, Illinois, Illinois Northern District

January 28, 2019

Chicago Case May Resolve the Circuit Split on the New Value Defense

Bankruptcy judge reluctantly follows precedent where the Seventh Circuit is in the minority on the new value defense.

7th Circuit, Illinois, Illinois Northern District

October 30, 2018

Circuits Split on Trustee’s Ability to Extend the Dischargeability Deadline

A motion extending the dischargeability deadline does not require personal service on the debtor, Chicago judge rules.

7th Circuit, Illinois, Illinois Northern District

September 21, 2018

Chicago Judge Refuses to Confirm a ‘Step’ Chapter 13 Plan

Judge Barnes won’t allow a chapter 13 debtor’s counsel to be paid at the expense of secured creditors.

7th Circuit, Illinois, Illinois Northern District