Seventh Circuit Widens Split on Filing Stale Claims as Violations of the FDCPA
Over dissent, the Seventh Circuit creates a safe harbor for pursuing stale claims in bankruptcy.
Stern Objections Always Must Be Raised to Avoid Potential Malpractice
The lawyer who lost Wellness International may be facing malpractice liability.
Seventh Circuit Broadly Protects Exemption for Annuities in Wisconsin
Annuity purchased 18 months before bankruptcy is exempt in Wisconsin.
Creditors Lack Standing to Appeal in ‘No Asset’ Cases
Sometimes only priority creditors will have standing to appeal, Seventh Circuit says.
Seventh Circuit Requires Chapter 13 Payments Beyond Five Years
Appeals court narrowly reads Bullard on finality.
Seventh Circuit Broadens ‘Ordinary Course’ Defense to Benefit Suppliers
Seventh Circuit lauds Judge Lane’s Quebecor World preference opinion.
In-Kind Income Excluded from Calculation of Current Monthly Income
Judge takes practical approach to decide what’s considered current monthly income.
Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7
Question left open in Harris v. Viegelahn decided against debtor in chapter 11.
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.
Seventh Circuit Allows Using Objective Evidence to Prove Subjective Recklessness
Lawyer’s malpractice can satisfy Bullock’s recklessness standard for nondischargeability.