Seventh Circuit Solidifies a Circuit Split on the Automatic Stay
Disagreeing with the Tenth and D.C. Circuits and siding with four other circuits, the Seventh Circuit rules that passively holding estate property violates the automatic stay.
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Failure to Petition the Circuit Court for a Direct Appeal Requires Dismissal
Overruling its own precedent, the Seventh Circuit dismissed an appeal when the appellant had not filed a motion in the appeals court for permission to undertake a direct appeal, even though the bankruptcy court had certified the question to the circuit.
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Did Segal Survive Butner in Defining Property of the Estate?
Judge Perkins in Illinois says the ‘sufficiently rooted’ test from Segal v. Rochelle did not survive Butner and the adoption of the Bankruptcy Code.
Lenders Admonished to Demand Nothing More in Plans than the Law Allows
Judge Hunt in Chicago tells debtors’ counsel to oppose inclusion of unjustifiable provisions in chapter 13 plans, even if it means contested confirmation hearings.
Filing Tag-Team Bankruptcies Resulted in Suspension from Practice
Fed up with a lawyer’s frivolous litigation tactics, the federal and state courts suspended a lawyer from practice.
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Seventh Circuit Bars Chapter 13 Plan from Conferring Immunity from Traffic Tickets
Judge Easterbrook pens another gem. Even if you don’t like the result, you gotta like the language.
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Seventh Circuit Rules that Section 363(m) Doesn’t Render Appeals Moot
Seventh Circuit overrules two precedents holding that Section 363(m) renders appeals moot.
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Seventh Circuit Makes Stays Pending Appeal Automatic in Mortgage Foreclosures
The Seventh Circuit’s opinion interpreting the amendment to Rule 62 is nonprecedential and prompted a dissent, and it may apply only in some states.
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Chicago Case May Resolve the Circuit Split on the New Value Defense
Bankruptcy judge reluctantly follows precedent where the Seventh Circuit is in the minority on the new value defense.
District Court Limits Bankruptcy Judges’ Ability to Enact Local Rules
Local rules may not impose confirmation requirements beyond those contained in the statute.