September 2, 2020
Courts are split over the effect on claims discharged in chapter 7 if the debtor converts the case to chapter 13.
August 12, 2020
The Seventh and Ninth Circuits may not be on the same page when it comes contempt citations falling under the Section 362(b)(4) exception to the automatic stay.
August 11, 2020
The Seventh Circuit uses broad equitable powers to prevent one member of a class from receiving a settlement when appealing an issue applicable to the entire class.
July 9, 2020
The Seventh Circuit opinion raises the question of whether (or when) a court may restrict the use of a provision in a chapter 13 plan that Section 1322(b) permits.
June 11, 2020
Chicago judge cut rent by 75% after governor prohibited on-premises dining in the debtor’s restaurant.
May 27, 2020
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).
March 23, 2020
Discharge was violated, but sanctions are likely out of reach.
March 6, 2020
Unemployed for 16 months, surviving on food stamps, and living rent-free enabled a debtor to discharge student loans.
February 13, 2020
The 2005 amendments to Section 546(c) departed from state law under UCC § 2-702 by creating a federal rule making reclamation claims subordinate to existing secured claims and DIP financing.
January 2, 2020
A PACA trust lacks the hallmarks of a trust, so a failure to pay a produce supplier doesn’t give rise to a nondischargeable debt for defalcation while acting in a fiduciary capacity, Judge Goldgar says.