May 29, 2025
Judge Furay Sides with the Minority on Stay Termination After a Repeat Filing
Courts are divided on whether automatic stay termination in Section 362(c)(3) applies to property of the debtor’s estate.
7th Circuit, Wisconsin, Wisconsin Western DistrictJanuary 08, 2025
A Judgment Lien Isn’t Created by Filing a UCC Financing Statement, Judge Furay Says
To obtain a judgment lien, filing a UCC financing statement is no substitute for docketing a judgment.
7th Circuit, Wisconsin, Wisconsin Western DistrictOctober 02, 2024
A Vote for a Plan After the Deadline Won’t Be Counted, Judge Blise Says
Because ‘excusable neglect’ won’t allow a late vote to be counted, counsel must solicit votes on a plan before the voting deadline.
7th Circuit, Wisconsin, Wisconsin Eastern DistrictDecember 28, 2023
When Inherited Property Becomes Property of the Debtor’s Bankruptcy Estate
Being an heir by itself doesn’t bring a decedent’s estate into the heir’s bankruptcy estate.
7th Circuit, Wisconsin, Wisconsin Eastern DistrictDecember 28, 2022
Chapter 13 Debtor Can’t Sue to Avoid an Unperfected Mortgage, District Judge Says
Wisconsin district judge implies that a chapter 13 debtor might obtain ‘derivative standing’ to avoid an unperfected mortgage.
7th Circuit, Wisconsin, Wisconsin Western DistrictNovember 09, 2022
Plans Longer than 5 Years Can’t Be Amended Now Because Section 1329(d) Has Expired
A plan longer than five years must revert to a five-year plan now that Congress has allowed Section 1329(d) to expire, Judge Hanan says.
7th Circuit, Wisconsin, Wisconsin Eastern DistrictNovember 03, 2022
Courts Split on Whether Bankruptcy Discharges Future Liability on a Guarantee
Milwaukee district judge rules that bankruptcy does not cut off future liability on a personal guarantee issued before bankruptcy.
7th Circuit, Wisconsin, Wisconsin Eastern DistrictSeptember 29, 2021
Objections to Priority Claims May Follow Confirmation of a Chapter 13 Plan
Confirming a chapter 13 plan on the assumption that a claim was entitled to priority didn’t bar the debtors from later objecting to the priority of the claim.
7th Circuit, Wisconsin, Wisconsin Eastern DistrictSeptember 08, 2021
Discharge Cuts Off Future Liability on a Guaranty, Some Courts Hold on a Split
The ‘conduct’ test in the Seventh Circuit, not the ‘accrual test,’ determines when a claim arose and whether it was discharged.
7th Circuit, Wisconsin, Wisconsin Eastern DistrictApril 01, 2021
Costs of a Disciplinary Proceeding Held Nondischargeable Under Section 523(a)(7)
Another court strains to explain why costs incurred by disciplinary authorities were not in compensation for “actual pecuniary loss.”
7th Circuit, Wisconsin, Wisconsin Western District