October 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 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 DistrictMarch 04, 2021
Courts Are Split on Whether Counsel Fees Are Considered in the Chapter 13 Best Interests Test
Deferred payments to unsecured creditors in a chapter 13 plan must equal the present value of the distributions required by the best interests test, Judge Halfenger says.
7th Circuit, Wisconsin, Wisconsin Eastern DistrictFebruary 23, 2021
Espinosa Doesn’t Forgive All Procedural Defects in Confirmation, Judge Ludwig Says
To sell free and clear, someone with an interest in the property must receive the notice required for service of a summons and complaint. Actual notice doesn’t suffice.
7th Circuit, Wisconsin, Wisconsin Eastern DistrictMay 27, 2020
Farmers in Chapter 12 Don’t Qualify for PPP ‘Loans,’ Milwaukee Judge Rules
A PPP ‘loan’ under the Cares Act isn’t a ‘grant,’ thus the government isn’t barred from discriminating against a bankrupt under Section 525(a).
7th Circuit, Wisconsin, Wisconsin Eastern DistrictFebruary 23, 2017
For Insufficient Notice, a Recorded Right of First Refusal Survived a Sale
Constructive notice deprived a purchaser of ‘bona fide’ status.
7th Circuit, Wisconsin, Wisconsin Eastern District