Illinois Bar Journal

Subject Index Bankruptcy

Quick, Cheap, Consensual

By Devan de los Reyes
March
2023
Article
, Page 30
Navigating Subchapter V of Chapter 11 of the Bankruptcy Code, a new reorganizational scheme that streamlines the bankruptcy process for small businesses.

Court awards rent accrued during bankruptcy stay and attorneys’ fees to receiving trust of mortgage foreclosure

June
2018
Illinois Law Update
, Page 16
Randhurst Crossing had commercial property that was subject to foreclosure. Randhurst filed for Chapter 11 bankruptcy in federal court, which stayed foreclosure proceedings.

Discharging Student Loans in Bankruptcy: Yes, it Can Be Done

By Joshua Gross
February
2017
Article
, Page 26
Student loans, unlike most debts, are nondischargeable unless you meet the stringent "undue hardship" test. But debtors with the right evidence and characteristics can get their loans discharged.

From the Discussions - Can these debtors keep their home after bankruptcy?

August
2016
Article
, Page 31
Q. H & W have $75K equity in a home and own an underwater rental property. Can they keep the home and let the rental property go in bankruptcy?

Yes, Income Taxes are Dischargeable in Bankruptcy

By Robert V. Schaller
July
2016
Article
, Page 32
The Bankruptcy Code allows debtors to discharge income taxes if they wait long enough before filing and didn't commit fraud or evade paying tax.

From the Discussions - Bankruptcy after stipulating to denial of discharge

May
2016
Article
, Page 40
Can someone who stipulates to a bankruptcy denial of discharge file later under Chapter 13 on the same debt?

Can Debtors Discharge Divorce-Based Attorneys’ Fees in Bankruptcy?

February
2015
Column
, Page 50
In Chapter 7, no; in Chapter 13, maybe.
2 comments (Most recent February 9, 2015)

Is Discharging Student Loan Debt in Bankruptcy Getting Easier?

By Paul B. Porvaznik
November
2014
Article
, Page 540
The "undue hardship" standard for discharging student loan debt is hard to meet. But cases from across the country suggest the tide may be turning in favor of a more relaxed, fact-specific test.

Property Tax Sales and Bankruptcy after Alexandrov v. LaMont

By Andrew J. Hawes
July
2014
Article
, Page 346
The seventh circuit recently held that a homeowner debtor can extend the deadline to redeem property sold at a tax sale by declaring Chapter 13 bankruptcy. Find out what it means.

Bankruptcy and the Series LLC: Can Creditors Pierce the Veil?

By John T. Wagener & Kenneth D. Peters
May
2014
Article
, Page 236
The Series LLC gives sweeping liability protection to those who use it. But will it shield an umbrella entity in bankruptcy and under UCC Article 9 from liability incurred by debtor subunits?
1 comment (Most recent January 29, 2015)

Correspondence from Our Readers

October
2013
Column
, Page 494
More on recorders and red-flagging; Bankruptcy and divorce.

Three Rules for Drafting Marital Settlement Agreements in Anticipation of Bankruptcy

By Matthew M. Benson
September
2013
Article
, Page 474
These three rules can help keep your work for a divorcing client from being undone when one of the parties files for bankruptcy.
1 comment (Most recent September 6, 2013)

Protecting Settling Plaintiffs When a Defendant Goes Bankrupt

By Christopher B. Lega
April
2013
Article
, Page 200
Most settlement agreements ignore an important risk - that the defendant will file for bankruptcy shortly after settlement. Here's how to protect plaintiffs.

Chapter 13 Bankruptcy: Tips for Representing Creditors

By Faiq M. Mihlar & Heather M. Giannino
March
2012
Article
, Page 150
The authors advise counsel for creditors about preparing a proof of claim and filing a motion for relief from the automatic stay in Illinois-based bankruptcy courts.

Are Inherited IRAs Exempt from Creditors in Bankruptcy?

By Justin F. Polach
December
2011
Article
, Page 628
Standard IRAs are exempt in bankruptcy and thus unavailable to creditors. But what if the debtor inherited the IRA account - is it likewise exempt? A look at the evolving case law.

Claim against public utility deemed to fall within jurisdiction of circuit court

December
2011
Illinois Law Update
, Page 610
A circuit court may exercise jurisdiction over a class action against a gas utility alleging that the utility violated state law by attempting to collect debts discharged in bankruptcy, according to the Appellate Court for the First District of Illinois.

Estop that Lawsuit: Judicial Estoppel and the Bankruptcy Debtor-Turned-Plaintiff

By Christopher B. Lega
May
2011
Article
, Page 250
Judicial estoppel can derail a plaintiff who filed for bankruptcy but then brought a lawsuit he failed to reveal in the bankruptcy case.

Bankruptcy lawyers are “debt relief agencies,” high court rules

By Helen W. Gunnarsson
July
2010
LawPulse
, Page 342
As such, they may not advise clients to incur additional debt and must label themselves "debt relief agencies" in ads.

LLC Members by Default?

By Lin Hanson
June
2010
Column
, Page 328
If an LLC member loses her shares, to what extent does a creditor stand in her shoes?

Federal standard time

By Helen W. Gunnarsson
February
2010
LawPulse
, Page 66
New laws standardize the way time periods are calculated in federal court.

The new-lawyer Q and A

February
2010
Column
, Page 108
Does bankruptcy affect my lottery winnings?

Chapter 7 is Alive and Well Despite the “Means Test”

By Matthew M. Benson
September
2009
Article
, Page 470
The "means test," which was expected to render Chapter 7 bankruptcies largely unavailable, only affects a handful of debtors.

Creative ways to fend off foreclosure

By Helen W. Gunnarsson
March
2009
LawPulse
, Page 116
Two lawyers think outside the box to help clients hang on to their homes, one by negotiating with lenders, the other by leveraging the power of Chapter 13.

Asked and Answered

February
2009
Column
, Page 104
How do I add a creditor to an old bankruptcy case?

Asked and Answered

March
2008
Column
, Page 151
Should I do a bankruptcy search?

Bankruptcy’s fresh-start policy trumps foregone creditor claims

November
2006
Illinois Law Update
, Page 584
On August 17, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding Jack Marszalek, owner of Consolidated Services and Construction, Inc (Consolidated), was not liable to S. R. McGuire Builder and General Contractor, Inc (McGuire) as a successor in interest because any claims McGuire may have had against Marszalek were discharged in bankruptcy.

Suing Defendants Who Later Declare Bankruptcy: Vacating a Dismissal for Want of Prosecution

By Anna-Katrina S. Christakis & Jeffrey D. Pilgrim
August
2006
Article
, Page 432
When a plaintiff's action is dismissed for want of prosecution while the defendant's bankruptcy is pending and the automatic stay is in place, the plaintiff can seek to have the dismissal vacated.

The Impact of an Employer’s Bankruptcy on Employees

By Travis J. Ketterman
June
2006
Article
, Page 304
This article looks at how workers can protect their rights when their employer enters bankruptcy.

Family Law and the New Bankruptcy Code

By John J. Johnston
March
2006
Article
, Page 128
The new Code amendments have a major impact on family law - here are key provisions, issues, and strategies.

Bankruptcy practice after bankruptcy reform

By Helen W. Gunnarsson
January
2006
LawPulse
, Page 10
Dire predictions notwithstanding, serious consumer bankruptcy practitioners appear still to be in business. Costs have gone up, though, and let the dabbler beware.

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