District Court Limits Bankruptcy Judges’ Ability to Enact Local Rules
Local rules may not impose confirmation requirements beyond those contained in the statute.
Courts Split on Arbitrating Dischargeability of Student Loans
Supreme Court’s Epic decision may end up forcing debtors to arbitrate dischargeability of loans.
Circuits Split on Trustee’s Ability to Extend the Dischargeability Deadline
A motion extending the dischargeability deadline does not require personal service on the debtor, Chicago judge rules.
Wisconsin Judge Slashes Quarterly Fees to the U.S. Trustee Program
Judge Furay interprets ‘disbursements’ not to include the daily sweep of a collection account in a revolving credit.
Disgorgement by Professionals Is Not Required in an Administrative Insolvency
Jevic doesn’t mandate forcing professionals to disgorge interim allowances to achieve a pro rata distribution to administrative claimants in an administrative insolvency.
Chicago Judge Refuses to Confirm a ‘Step’ Chapter 13 Plan
Judge Barnes won’t allow a chapter 13 debtor’s counsel to be paid at the expense of secured creditors.
Courts Split over Interest on Unsecured Claims in 100% Chapter 13 Plans
‘Value’ doesn’t mean ‘present value’ in Section 1325(b)(1)(A), Judge Lorch says.
Major Automatic Stay Issue Inches Toward the Supreme Court
Chicago parking ticket cases to be resolved in the Seventh Circuit.
Chicago District Judge Reestablishes Chapter 13 Debt Limits on Student Loans
Debtors with too much student loan debt are functionally ineligible for any form of bankruptcy relief.
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.