Chicago Believes that Inaction Doesn’t Violate the Automatic Stay
Windy City plunges into the circuit split on inaction as a violation of the automatic stay.
Chicago Strikes Out on Priority Status for Post-Petition Parking Fines
Clever drafting of chapter 13 plans prevents collection of post-petition parking fines.
Courts Split on Whether Claims for Overpayments of DSOs Are Themselves DSOs
Status of claims for overpayment of domestic support obligations begs for appellate review.
The Unlimited Wedding Ring Exemption Has Some Limits, Illinois Judge Says
Opinion traces the thousand-year history of wedding and engagement rings.
Reperfecting a Mortgage Isn’t Grounds for a Fraudulent Transfer
Mistakenly cancelling a mortgage can result in a preference but not a fraudulent transfer if the cancellation is later rescinded.
Chapter 13 Debtor Held to Lack Standing to Prosecute a Claim on an Exempt Asset
Judge fails to distinguish between cases in chapter 7 and chapter 13.
Chapter 13 Debtors May Prorate Tax Refunds in Calculating Plan Payments
Chapter 13 trustees aren’t always entitled to a turnover of tax refunds.
Explicit Provision Required to Maintain Secured Status in a Plan
Creditor lost secured status by sloppy drafting.
Lawyers Can Violate FDCPA by Making Factually Inaccurate Allegations in Bankruptcy Pleadings
There is no litigation privilege in the FDCPA for inaccurate allegations in bankruptcy court.
District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment
Social Security benefits were properly cut off to recover overpayment.