No Statute of Limitations Bar from Asserting a New Theory of Recovery
If a preference theory fails, try fraudulent transfer.
Chicago Judge Erases Chapter 13 Debt Limits on Student Loans
Large student loans do not justify dismissal of a chapter 13 case when chapter 11 is the only alternative, Bankruptcy Judge Janet S. Baer says.
Administrative Status Given for Claims Against an Assignee for Creditors
Chicago judge finds flexibility for granting ‘protection’ claims under Section 543(c)(1).
Chicago Believes that Inaction Doesn’t Violate the Automatic Stay
Windy City plunges into the circuit split on inaction as a violation of the automatic stay.
Chicago Strikes Out on Priority Status for Post-Petition Parking Fines
Clever drafting of chapter 13 plans prevents collection of post-petition parking fines.
Courts Split on Whether Claims for Overpayments of DSOs Are Themselves DSOs
Status of claims for overpayment of domestic support obligations begs for appellate review.
The Unlimited Wedding Ring Exemption Has Some Limits, Illinois Judge Says
Opinion traces the thousand-year history of wedding and engagement rings.
Reperfecting a Mortgage Isn’t Grounds for a Fraudulent Transfer
Mistakenly cancelling a mortgage can result in a preference but not a fraudulent transfer if the cancellation is later rescinded.
Chicago Judge Writes a Primer on Recharacterization and Equitable Subordination
Insiders were protected in making loans to a failing company.
Chapter 13 Debtor Held to Lack Standing to Prosecute a Claim on an Exempt Asset
Judge fails to distinguish between cases in chapter 7 and chapter 13.