Seventh Circuit Allows Anticipated Tax Refunds to Be Offset by Expenses in Chapter 13
On direct appeal, Seventh Circuit upholds Bankruptcy Judge Thorne by allowing chapter 13 debtors to retain anticipated refunds from earned income tax credits.
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Courts Split on Denying a Chapter 13 Discharge for Failure to Make Direct Payments
Illinois judge interprets Rule 3002.1 as being ‘debtor-friendly,’ not as creating new grounds for denial of a chapter 13 discharge.
Illinois Divorce Court Can Strip Away Estate Property, Seventh Circuit Says
Overlay divorce and bankruptcy, and you’ve got a big mess.
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A Turnover Action Will Suffice if a Transfer Was a ‘Sham,’ Seventh Circuit Says
Fraudulent transfer suit isn’t always required to recover fraudulently transferred property.
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Properly Read, Seventh Circuit Opinion Does Not Undercut DIP Financing
Opinion does not mean that a DIP financing lien terminates when collateral is transferred.
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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.
Inventory Liens Always Prevail over Reclamation Claims, Indianapolis Judge Says
BAPCPA amendments were a mess but cleaned up one issue on reclamation, according to Judge Graham.