In a recent case, Judge Schmetterer held in In re Cross, Adversary No. 18 AP 00154, that the City of Chicago did not have the right to retain a chapter 13 debtor’s vehicle to protect its possessory lien on the car that allegedly secured payment…
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As reported by Rochelle’s Daily Wire on May 23, 2018, Bankruptcy judges in California and Chicago disagree on whether parties to a civil union or domestic partnership are “spouses” eligible to file a joint bankruptcy petition. In the Chicag…
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According to an article published in Pro Publica, a consumer’s inability to pay attorneys’ fees prevents many consumers from filing for bankruptcy. This phenomenon has spawned considerable debate about the appropriate “fix”, b…
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According to the Tribune (1/22/18) Americans are defaulting on their credit cards at the highest rate in nearly a year, and Chicagoans are leading the pack. Chicago residents are now more likely to miss a credit card payment than residents of any oth…
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We are proud to share an exclusive interview conducted by Bill Rochelle of the ABI with Ariane Holtschlag, FactorLaw’s bankruptcy attorney, regarding some of the cutting edge consumer issues in the Northern District of Illinois. Watch the inter…
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As reported by the American Bankruptcy Institute on December 29, 2017, a Boston Judge Allows Conversion to Chapter 13 Just to Prevent the Sale of a Home Consumers are entitled to convert a Chapter 7 case to Chapter 13 even if the only reason is to pr…
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According to the ABI’s Rochelle’s Daily Wire: The Eleventh Circuit ruled that a debtor is entitled to recovery of attorneys’ fees incurred in upholding a judgment for violation of the automatic stay, siding with the Ninth Circuit’s de…
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Research by Bloomberg Law shows that only about 13 of a total 94 judicial districts will use the national Chapter 11 plan form. The others all have local forms (although Bloomberg Law hasn’t independently confirmed if or how many of these conform w…
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On Nov. 20, Bankruptcy Judge Jack B. Schmetterer of Chicago ruled that a wedding ring and an engagement ring are exempt as “necessary wearing apparel” without regard to value, as long as the wearer is still married to the person who gave it. Judg…
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It is not uncommon for a chapter 7 bankruptcy trustee to sue an educational institution to recover pre-bankruptcy tuition payments parents make on behalf of their children. The theory is that such payments benefit the child, not the parents, and can…
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