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7th Circuit

Seventh Circuit Splits with the First Circuit on Sufficiency of Financing Statements

Seventh Circuit holds that a financing statement is sufficient if it describes collateral by reference to an unattached security agreement.

Seventh Circuit Opinion on Contempt Raises Questions under Taggart

On an appeal involving contempt of the discharge injunction, would the circuit court have reached a different conclusion by employing the standard under Taggart?

A Judgment Lien on Entireties Property Isn’t Avoidable in Illinois, Seventh Circuit Says

A judicial lien impairing a homestead exemption is avoidable in some states under Section 522(f), but not in others.

Increased U.S. Trustee Fees Stick to ‘Revolvers’ but Not to Pending Cases

Seventh Circuit reverses and imposes the U.S. Trustee fee on ‘revolver sweeps,’ but Judge Huennekens rules that the fee increase violates two clauses in the Constitution.

Overpaying a DSO Doesn’t Result in a Nondischargeable Debt, Seventh Circuit Holds

On an issue dividing the courts, the Seventh Circuit rules that an obligation to repay a domestic support obligation is a dischargeable debt, not a nondischargeable DSO.

Seventh Circuit Solidifies a Circuit Split on the Automatic Stay

Disagreeing with the Tenth and D.C. Circuits and siding with four other circuits, the Seventh Circuit rules that passively holding estate property violates the automatic stay.

Failure to Petition the Circuit Court for a Direct Appeal Requires Dismissal

Overruling its own precedent, the Seventh Circuit dismissed an appeal when the appellant had not filed a motion in the appeals court for permission to undertake a direct appeal, even though the bankruptcy court had certified the question to the circuit.

Did Segal Survive Butner in Defining Property of the Estate?

Judge Perkins in Illinois says the ‘sufficiently rooted’ test from Segal v. Rochelle did not survive Butner and the adoption of the Bankruptcy Code.

Lenders Admonished to Demand Nothing More in Plans than the Law Allows

Judge Hunt in Chicago tells debtors’ counsel to oppose inclusion of unjustifiable provisions in chapter 13 plans, even if it means contested confirmation hearings.

Filing Tag-Team Bankruptcies Resulted in Suspension from Practice

Fed up with a lawyer’s frivolous litigation tactics, the federal and state courts suspended a lawyer from practice.