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Illinois

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.
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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.

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.

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.

Chicago Judge Refuses to Confirm a ‘Step’ Chapter 13 Plan

Judge Barnes won’t allow a chapter 13 debtor’s counsel to be paid at the expense of secured creditors.

Major Automatic Stay Issue Inches Toward the Supreme Court

Chicago parking ticket cases to be resolved in the Seventh Circuit.

Chicago District Judge Reestablishes Chapter 13 Debt Limits on Student Loans

Debtors with too much student loan debt are functionally ineligible for any form of bankruptcy relief.

Judges Split on Denial of Chapter 13 Discharge for Missing Direct Mortgage Payments

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.

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