Bankruptcy Is No Get-Out-of-Jail-Free Card for a Disobedient Debtor
When there has been a division of marital property, does a debtor only hold legal title to property given to the spouse?
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Debtor May Amend a ‘13’ Plan to Modify the Treatment of a Secured Creditor’s Claim
Chicago Bankruptcy Judge David Cleary followed a decision by then-district Judge David Hamilton and “respectfully” disagreed with decisions by two predecessors on the same bankruptcy bench.
Core vs. Non-Core Doesn’t Determine Whether Arbitration Will Be Enforced
Chicago’s Judge Cleary didn’t compel arbitration of an affirmative counterclaim by the debtor against the creditor that would be determined in the course of passing on the allowance of the creditor’s proof of claim.
Although Unusual, Postpetition Retainers Are Permissible, Chicago Judge Says
The possibility that interim compensation allowances can be disgorged means that counsel won’t have an undue advantage over other administrative creditors, Judge Cleary says.