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.
Someone forced into bankruptcy on account of medical bills will also be forced into chapter 13.
Court weighs the relative advantages of receivership versus bankruptcy in deciding whether to bar the filing of an involuntary bankruptcy.
The lawyer whose waiver led to Wellness International avoided malpractice by the skin of his teeth.
A judicial lien impairing a homestead exemption is avoidable in some states under Section 522(f), but not in others.
Judge Perkins in Illinois says the ‘sufficiently rooted’ test from Segal v. Rochelle did not survive Butner and the adoption of the Bankruptcy Code.
Judge Hunt in Chicago tells debtors’ counsel to oppose inclusion of unjustifiable provisions in chapter 13 plans, even if it means contested confirmation hearings.
Bankruptcy judge reluctantly follows precedent where the Seventh Circuit is in the minority on the new value defense.
Local rules may not impose confirmation requirements beyond those contained in the statute.
A motion extending the dischargeability deadline does not require personal service on the debtor, Chicago judge rules.