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Chicago Court orders City to surrender vehicle to Debtor notwithstanding asserted possessory lien to secure traffic tickets

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… Read More
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Chicago Courts are clamping down on Chapter 13 plans that give super-priority to attorneys' fees

ProPublica and other publications (including FindLaw) have been reporting on a trend in the Chicago courts to limit attorneys’ fees to counsel for chapter 13 debtors for so-called “step-up” plans. A step-up plan requires the payment… Read More
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ABI Reports that Banks are Loosening Lending Standards

According to the ABI on May 29, 2018, Faced with tepid loan growth and heated competition for clients, banks are sweetening their deals on loans to businesses, a development that is concerning regulators, the Wall Street Journal reported. Lenders are… Read More
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February Total Bankruptcy Filings Decrease 3 Percent from Previous Year, Chapter 11s Up Slightly

According to a recent press release from the American Bankruptcy Institute, Total bankruptcy filings for the month of February 2018 decreased 3 percent from last year, according to data provided by Epiq Systems, Inc. The 56,694 total filings in Febru… Read More
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Are Student Loan Payment Plans Imperiled by Bankruptcy ?

The National Association of Consumer Bankruptcy Lawyers is reporting today that the Department of Education and its student loan servicers are kicking bankruptcy debtors out of their Income Driven Repayment plans. The extent of this conduct and the b… Read More
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Student debt could hold back economic growth, should be discharged in bankruptcy, Fed chief says

See the interview from Fed Chairman Powell on CNBC. https://www.cnbc.com/2018/03/01/student-loan-problems-could-hold-back-economic-growth-fed-chief-says.html Education debt has swelled to nearly $1.38 trillion at the end of 2017, a trend that Fed Cha… Read More
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Congress set to enact limits on access to credit reports

According to the American Bankruptcy Institute, “consumers are on track to get one thing from Congress in response to last year’s massive Equifax Inc. hack: free freezes of their data held by the credit-reporting companies. The bipartisan agr… Read More
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Ariane Holtschlag Receives Prestigious ABI Award

Ariane Holtschlag, 35, was named to the American Bankruptcy Institute’s (ABI) “40 Under 40” honoring innovators, disruptors, and rebels who represent the future leaders in the insolvency industry. A leader in FactorLaw’s sophisticated Consume… Read More
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Household Debt Rises

The Federal Reserve Bank of New York said Tuesday that household debt totaled $13 trillion in the third quarter ended September 30, an increase of 0.9% from the previous quarter. This marks the 13th straight quarterly increase (not adjusted for infla… Read More
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Tax Liens And Judgments No Longer Used To Calculate Credit Score

According to the website, http://www.720creditscore.com/blog/credit-system-changing-july-1/, as of July 1, tax liens and civil judgments will no longer impact a person’s credit score, as calculated by the three major credit agencies: Experian, Equi… Read More
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