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.
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.
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.
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.
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.