Rochelle's Daily Wire

ABI Exclusive

September 29, 2021

Confirming a chapter 13 plan on the assumption that a claim was entitled to priority didn’t bar the debtors from later objecting to the priority of the claim.

September 8, 2021

The ‘conduct’ test in the Seventh Circuit, not the ‘accrual test,’ determines when a claim arose and whether it was discharged.

April 1, 2021

Another court strains to explain why costs incurred by disciplinary authorities were not in compensation for “actual pecuniary loss.”

March 4, 2021

Deferred payments to unsecured creditors in a chapter 13 plan must equal the present value of the distributions required by the best interests test, Judge Halfenger says.

February 23, 2021

To sell free and clear, someone with an interest in the property must receive the notice required for service of a summons and complaint. Actual notice doesn’t suffice.

January 5, 2021

The lender’s consent to direct payments by the family farmer persuaded Judge Furay to overrule the chapter 12 trustee’s objection to the plan.

May 27, 2020

A PPP ‘loan’ under the Cares Act isn’t a ‘grant,’ thus the government isn’t barred from discriminating against a bankrupt under Section 525(a).

October 5, 2018

Judge Furay interprets ‘disbursements’ not to include the daily sweep of a collection account in a revolving credit.
Judge Furay interprets ‘disbursements’ not to include the daily sweep of a collection account in a revolving credit.

April 4, 2018

Student loan debtor ineligible for chapter 7 may pursue chapter 13 even with too much unsecured debt, Judge Catherine J. Furay says.