7th Circuit

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.

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Wisconsin Western District

Wisconsin

Chicago District Judge Decides that Sub V Debtors Can Have Nondischargeable Debts

Reversing the bankruptcy court, the Chicago district judge follows the Fourth and Fifth Circuits and rejects a contrary holding by the Ninth Circuit BAP.

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Judge Thorne Describes the Quantum of Evidence Needed to Show a Plan Is Fair and Equitable

Although a ‘true-up’ cannot be imposed, a debtor could employ a ‘true-up’ to confirm an otherwise nonconfirmable plan.

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Seventh Circuit Dismisses Based on ‘Person Aggrieved’ Without Citing Truck Insurance

A per curiam decision from the Seventh Circuit raises the question of whether Truck Insurance overruled ‘person aggrieved’ sub silentio.

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Releasing a Lien Under Section 1325(a)(5)(B) Is Different When There Are Co-Debtors

Despite Section 1325(a)(5)(B), an auto lender was entitled to retain a lien when there were co-debtors.

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Illinois Southern District

Bankruptcy Court Can’t Have Exclusive Jurisdiction over Disputes from a Sale Order

A district judge in Indiana says that a bankruptcy court cannot have exclusive jurisdiction over disputes in the future except in the circumstances specified in Section 1334.

Court :

Indiana Northern District

Indiana

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.

Court :

Wisconsin Eastern District

Wisconsin

Judge Barnes Explained Why Bankruptcy Stays Don’t Require Personal Jurisdiction

Chicago’s Bankruptcy Judge Timothy Barnes explained eight years ago why bankruptcy stays do not require personal jurisdiction, unlike injunctions in receiverships.

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Nondischargeability Is a ‘Thing’ for Corporate Subchapter V Debtors, Judge Thorne Says

The tide is turning against corporate Sub V debtors. Two bankruptcy judges now side with two circuits in holding that debts of corporate debtors can be nondischargeable.

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