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SUPREME COURT WILL DECIDE WHETHER ACTUAL FRAUDULENT CONVEYANCES CREATE NONDISCHARGEABLE DEBTS

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. Read More
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Bankruptcy Filings Through First Three Quarters of 2015 Fall 11 Percent from 2014; Commercial Filings Fall 17 Percent

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… Read More
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Illinois Supreme Court narrows Judicial Estoppel Doctrine

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… Read More
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NEARLY 7 MILLION STUDENT LOANS ARE IN DEFAULT

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… Read More
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Pocket Dialers Beware

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… Read More
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Court of Appeals affirms bankruptcy court holding that student loans were not dischargeable

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… Read More
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Categories: For Debtors

'Chapter 20' Debtors Can Strip Junior Liens, 9th Circ. Says

‘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… Read More
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FactorLaw Attorney Featured Speaker at ABI Southwest Conference

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… Read More
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Categories: Uncategorized

FactorLaw wins two appeals in one week

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… Read More
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Categories: Uncategorized

Nationwide bankruptcy filings drop, although per capita filings in Illinois are still high

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,… Read More
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Categories: Uncategorized