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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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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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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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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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Glossary of Bankruptcy Terms

Glossary of Bankruptcy Terms 363 Case – A term that has come to describe a chapter 11 case that is filed largely to facilitate the sale of the debtor’s assets pursuant to the protections of §363 of the Bankruptcy Code, as compared to a case file… Read More
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