The Supreme Court has agreed to decide whether a transfer designed to hinder, delay or defraud a creditor renders the amounts owed to the creditor non-dischargeable.
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According to the American Bankruptcy Institute, U.S. bankruptcy filings totaled 629,570 during the first nine months of 2015 (Jan. 1-September 30), an 11 percent decrease from the 705,728 total filings during the same period a year ago, according to…
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Last week the Illinois Supreme Court held in Seymour v. Collins, that the trial court and the Illinois Court of Appeals erred when they dismissed a personal injury suit on the grounds that the plaintiff failed to disclose the cause of action in its c…
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According to the American Bankruptcy Institute, nearly 7 million Americans have gone at least a year without making a payment on their federal student loans, a high level of default that suggests that there is a widening swath of those unable or unwi…
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A cellphone user who unknowingly places a call doesn’t have a reasonable expectation of privacy in conversations exposed to the person on the other end of the line, a federal appeals court said on Tuesday. In this case, a senior executive of a…
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In Tetzlaff v. Educational Credit Management Corp., No. 14-3702 (July 22, 2015) , the Court of Appeals in Chicago held that the Wisconsin Bankruptcy Court did not err in denying a debtor’s request to discharge $260,000 in student loan debt in a…
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‘Chapter 20’ Debtors Can Strip Junior Liens, 9th Circ. Says A Ninth Circuit bankruptcy panel ruled Thursday that distressed homeowners who convert from Chapter 7 to Chapter 13 bankruptcy can strip wholly unsecured junior liens, joining a…
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Featured Speaker Ariane Holtschlag The Law Office of William J. Factor, Ltd.; Chicago Friday, September 11 9:45–11:00 a.m. Hot Consumer Bankruptcy Topics This year’s hot topics will include two cases currently pending before the U.S. Supreme Cour…
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District Court Upholds Chapter 7 Trustee’s Motion for Turnover In In re Fregeau, 15 C 01687 (N.D. Ill. June 26, 2015), FactorLaw represented a chapter 7 trustee in his efforts to obtain the turnover of $141,000 from a chapter 7 debtor. The parties…
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According to the American Bankruptcy Institute, total bankruptcy filings totaled 422,782 nationwide during the first six months of 2015 (Jan. 1-June 30), a 12 percent decrease from the 479,573 total filings reported during the same period a year ago,…
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