December 15, 2016

Lawyers Can Violate FDCPA by Making Factually Inaccurate Allegations in Bankruptcy Pleadings

There is no litigation privilege in the FDCPA for inaccurate allegations in bankruptcy court.

7th Circuit, Illinois, Illinois Northern District

District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment

Social Security benefits were properly cut off to recover overpayment.

7th Circuit, Illinois, Illinois Northern District

November 29, 2016

D’Oench Duhme Gives FDIC Broad Protection from Fraudulent Transfer Suits

Bank need not be a party to a secret agreement for D’Oench Duhme defense to apply.

7th Circuit, Illinois, Illinois Northern District

November 14, 2016

State Consumer Protection Law Preempted by the Bankruptcy Code

Preemption easier to find than implied repeal, Chicago district judge says.

7th Circuit, Illinois, Illinois Northern District

October 19, 2016

No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions

In one respect, bankruptcy judges have more authority than district judges.

7th Circuit, Illinois, Illinois Northern District

August 08, 2016

Stern Objections Always Must Be Raised to Avoid Potential Malpractice

The lawyer who lost Wellness International may be facing malpractice liability.

7th Circuit, Illinois, Illinois Northern District

April 04, 2016

Chicago Judge Splits with Ninth Circuit on Interest for Unsecured Claims in Surplus Plan

Default interest rate given to unsecured creditors in full-payment chapter 11 plan.

7th Circuit, Illinois, Illinois Northern District

March 16, 2016

Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7

Chicago judge splits with Collier and Ninth Circuit BAP on wages following conversion.

7th Circuit, Illinois, Illinois Northern District

March 02, 2016

Caesars Wins Brief Reprieve from Lawsuit Against Non-Filed Parent

Chicago entrenches itself as a debtor-friendly venue for chapter 11 reorganizations.

7th Circuit, Illinois, Illinois Northern District

February 15, 2016

Nationwide Class Suits Barred; Loophole Found for Fee-Only Chapter 13 Plans

Consumer debtors bat 500 last week in significant cases.

7th Circuit, Illinois, Illinois Northern District