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ABI Journal

7th Circuit

Seventh Circuit Rules that Section 363(m) Doesn’t Render Appeals Moot

Seventh Circuit overrules two precedents holding that Section 363(m) renders appeals moot.

7th Circuit

Seventh Circuit Makes Stays Pending Appeal Automatic in Mortgage Foreclosures

The Seventh Circuit’s opinion interpreting the amendment to Rule 62 is nonprecedential and prompted a dissent, and it may apply only in some states.

7th Circuit

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

District Court Limits Bankruptcy Judges’ Ability to Enact Local Rules

Local rules may not impose confirmation requirements beyond those contained in the statute.

7th Circuit
Illinois
Illinois Southern District

Courts Split on Arbitrating Dischargeability of Student Loans

Supreme Court’s Epic decision may end up forcing debtors to arbitrate dischargeability of loans.

7th Circuit
Indiana
Indiana Southern District

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

Wisconsin Judge Slashes Quarterly Fees to the U.S. Trustee Program

Judge Furay interprets ‘disbursements’ not to include the daily sweep of a collection account in a revolving credit.

7th Circuit
Wisconsin
Wisconsin Western District

Disgorgement by Professionals Is Not Required in an Administrative Insolvency

Jevic doesn’t mandate forcing professionals to disgorge interim allowances to achieve a pro rata distribution to administrative claimants in an administrative insolvency.

7th Circuit
Indiana
Indiana Southern District

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

Courts Split over Interest on Unsecured Claims in 100% Chapter 13 Plans

‘Value’ doesn’t mean ‘present value’ in Section 1325(b)(1)(A), Judge Lorch says.

7th Circuit
Indiana
Indiana Southern District
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