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.
Judge Barnes won’t allow a chapter 13 debtor’s counsel to be paid at the expense of secured creditors.
Chicago parking ticket cases to be resolved in the Seventh Circuit.
Debtors with too much student loan debt are functionally ineligible for any form of bankruptcy relief.
Illinois judges disagree on whether direct payments to a mortgagee are “under the plan” and must be made in full to obtain a chapter 13 discharge.