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Bankcrupty Chapter 13 text on Document form and Gavel isolated on office desk.

Most Districts Opt Out of National Chapter 13 Plan

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… Read More
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Court Rules Engagement Rings are Exempt

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… Read More
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Pre-bankruptcy Tuition Payments not Subject to Clawback

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… Read More
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Bankruptcy Law

Discharge Injunction Violation Results in $90,000 Award

A recent case in the District Court, Romanucci & Blandin, LLC et al. v. Lempesis, affirmed a judgment by the Bankruptcy Court awarding $90,000 for an especially egregious violation of the discharge injunction, including damages for emotional dist… Read More
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An Architectural detail of the walls, columns and decorations.

New Discovery Rules in Chicago's Federal Court

The District Court for the Northern District of Illinois just changed the discovery rules for how and when parties can get information and documents from their opponents in federal lawsuits. If you are involved in a federal lawsuit, it is important t… Read More
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Fifth Circuit Case Strengthens Trustee's Ability to Recover Pre-petition Garnishments

Recently the Court of Appeals for the Fifth Circuit (which covers Texas, Louisiana and Mississippi) held in Tower Credit, Incorporated v. Martin A. Schott (In re Jackson), No. 16-30274 (5th Cir. March 13, 2017), that a judgment creditor had to return… Read More
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Wellness International Network Ltd. v. Sharif Again. But This Time, It May Finally be Over

When the Supreme Court decided Wellness Int’l Network Ltd. v. Sharif this year, one issue resulting from Stern was finally put to rest. A bankruptcy judge may enter final judgment in Stern matters with the consent of the parties, even when that… Read More
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Damisch & Damisch v. Rabiola: Horsing Around: Litigation Sanctions May Be Nonsdischargeable

In 2004, Reginice Rabiola bought a farm in Kane County where she built an indoor horse riding ring and a hay field. To get equipment onto the hay field, she used a grassy patch on her neighbor’s land. In 2007, Jon DeRaedt, the neighbor, sued her fo… Read More
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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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