7th 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.
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Seventh Circuit Bars Chapter 13 Plan from Conferring Immunity from Traffic Tickets

Judge Easterbrook pens another gem. Even if you don’t like the result, you gotta like the language.
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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.
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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The Seventh Circuit’s opinion interpreting the amendment to Rule 62 is nonprecedential and prompted a dissent, and it may apply only in some states.
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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.

District Court Limits Bankruptcy Judges’ Ability to Enact Local Rules

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

Courts Split on Arbitrating Dischargeability of Student Loans

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

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.

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