Section Newsletters

Articles From Jeffrey D. Richardson

The Seventh Circuit holds that service of a summons and complaint is a communication to a debtor under Fair Debt Collection Practices Act By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, February 2005 In an opinion entered on December 20, 2004 the Seventh Circuit rendered a decision concerning the Fair Debt Collection Practices Act which reflects the ongoing pitfalls which attorneys can fall prey to under the FDCPA.
Notes from the Chair By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, May 2004 The Section Council met in February in Springfield and decided to appoint a Council member to serve as Section Liaison to act as the point person for Section members to contact the Section Council concerning any matter that may be important to the member.
U.S. Supreme Court decides bankruptcy cases of interest By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, May 2004 In our November 2003 issue I wrote an article about three bankruptcy decisions which were under review by the United States Supreme Court. I promised to keep you posted.
Seventh Circuit rules: “Unpaid legal fees due debtors’ bankruptcy attorneys are discharged in Chapter 7” By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, February 2004 On December 17, 2003, the Seventh Circuit Court of Appeals rendered a decision that will have a major impact on how Chapter 7 debtor attorneys negotiate and collect their attorney fees in bankruptcy cases for years to come.
Notes from the Chair: Writers wanted By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, November 2003 The Commercial Banking & Bankruptcy Section Council begins this fiscal year with the same challenges that have faced past Section Councils, and a new one.
U.S. Supreme Court to review recent bankruptcy decisions By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, November 2003 The United States Supreme Court has agreed to review three recent bankruptcy appellate decisions of general interest to bankruptcy practitioners, including two decisions of the Seventh Circuit Court of Appeals.
Notes from the Chair: Writers wanted By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, September 2003 The Commercial Banking & Bankruptcy Section Council begins this fiscal year with the same challenges that have faced past Section Councils, and a new one.
U.S. Supreme Court to review recent bankruptcy decisions By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, September 2003 The United States Supreme Court has agreed to review three recent bankruptcy appellate decisions of general interest to bankruptcy practitioners, including two decisions of the Seventh Circuit Court of Appeals.
Can a bankruptcy court enter a money judgment when it declares a debt nondischargeable? By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, February 2003 In the September Bankruptcy Reporter advance sheets, a case is reported out of the United States Bankruptcy Court for the Western District of Oklahoma, In re Hamilton, 282 B.R. 22 (W.D. Ok. 2002).
Can a Chapter 7 debtor’s attorney be compensated from the bankruptcy estate? By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, February 2002 Like many issues in bankruptcy law the answer to the question of whether a debtor's Chapter 7 bankruptcy attorney can be compensated from the bankruptcy estate depends on whether you try to determine the purely logical answer to the question or whether you refer to the actual statute
Does a chapter 7 debtor have an absolute right to convert to another chapter? By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, January 2001 Section 706 of the Bankruptcy Code provides that a chapter 7 debtor "may convert a case under this chapter to a case under chapter 11, 12 or 13 of this title at any time, if the case has not been converted" from another chapter previously. 11 U.S.C. sec. 706(a).
Chapter 12 DIP avoids landlord’s lien on crops By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, December 1999 The United States Bankruptcy Court for the Southern District of Illinois has held that a Chapter 12 Debtor-in-Possession can use the lien avoidance powers granted a trustee to avoid the landlord's crop lien granted by Illinois statute in 735 ILCS 5/9-316.
Central and Southern District bankruptcy courts hold federal income tax “earned income credits” are exempt assets By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, January 1999 Income refunds have always been a source of recovery for trustees in administering bankruptcy cases.

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