7th Circuit

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.

Two Circuits Agree on When Social Security Benefits Accrue

The Third and Seventh Circuits agree on a concept that limits a debtor’s ability to recover accrued Social Security benefits that are set off before bankruptcy.
Court: 

Chicago Must Return Impounded Cars Immediately After a Chapter 13 Filing

Judge Thorne rules that exceptions to the automatic stay do not allow the City of Chicago to retain possession of impounded cars.

Bankruptcy Judge Can Enter Final Judgment after a Fraudulent Transfer Bench Trial

The payee of a check isn’t necessarily the transferee of a fraudulent transfer, Chicago judge says.

Seventh Circuit Opens a Can of Worms on Bankruptcy Sales and Adequate Protection

Do free and clear sales confer interests that are entitled to adequate protection?
Court: 

Serial Bankruptcy Filings Can Result in a Conviction for Bankruptcy Fraud

Although the debtor only intended to halt eviction, the Seventh Circuit enhanced the sentence to reflect the claims of all creditors.
Court: 

Parties to a Civil Union Held Eligible to File a Joint Petition

Chicago judge takes stand for the equality of same-sex couples.

Bankruptcy Judge Predicts Circuit Split on Substantive Consolidation with Nondebtors

Seventh Circuit is averse to creating remedies under Section 105, Bankruptcy Judge Hollis says.

Chicago Wins One Round in Battle over Parking Tickets

The battle continues in Chicago over using chapter 13 to beat parking tickets.

Another Bankruptcy Judge Disregards Student Loans on Chapter 13 Eligibility

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

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