Seventh Circuit Tells Lower Courts to Duck State Law Foreclosure Issues
State courts should rule on state law issues, says circuit panel including Richard Posner.
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Seventh Circuit Allows Using Objective Evidence to Prove Subjective Recklessness
Lawyer’s malpractice can satisfy Bullock’s recklessness standard for nondischargeability.
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Rule 9(b) Fraud Pleading Standards Don’t Apply to an FDCPA Complaint
Willfulness is not required by the FDCPA when pleading an automatic stay violation.
Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7
Chicago judge splits with Collier and Ninth Circuit BAP on wages following conversion.
Seventh Circuit Opines on Bullard and the Concept of ‘Finality’
Did Bullard alter the notion of ‘finality’? Not in the Seventh Circuit.
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Arbitration Agreement Cannot Include Waiver of Dischargeability
On dischargeability, post-filing waivers work, but pre-filing ones don’t.
Caesars Wins Brief Reprieve from Lawsuit Against Non-Filed Parent
Chicago entrenches itself as a debtor-friendly venue for chapter 11 reorganizations.
Nationwide Class Suits Barred; Loophole Found for Fee-Only Chapter 13 Plans
Consumer debtors bat 500 last week in significant cases.
Agency Proceedings Give Rise to Judicial Liens Avoidable When Impairing Exemptions
Milwaukee judge pens a debtor-friendly opinion on judicial liens.
Rare Bible Worth $10,000 Is an Exempt Asset, Seventh Circuit Holds
Seventh Circuit won’t impose limits on exemption for religious articles.
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