Category Archives: blogging

7th Cir. Opinions

7th Circuit Opinion Summaries courtesy of

United States v. Rogan

Bankruptcy, Criminal Law, Government, White Collar Crime

River Road Hotel Partners, LLC v. Amalgamated Bank


Bloomfield State Bank v. United States

Bankruptcy, Real Estate & Property Law, Tax Law

Costello v. Grundon

Bankruptcy, Commercial Law, Securities Law

CDX Liquidating Trust v. Venrock Assocs., et al

Bankruptcy, Business Law, Securities Law

Reedsburg Util. Comm’n v. Grede Foundries, Inc.

Bankruptcy, Utilities Law

Kimbrell v. Brown

Bankruptcy, Injury Law


Thanks for Everything!

The stats helper monkeys at mulled over how this blog did in 2010, and here’s a high level summary of its overall blog health:

Healthy blog!

The Blog-Health-o-Meter™ reads This blog is on fire!.

Crunchy numbers

Featured image

A helper monkey made this abstract painting, inspired by your stats.

A Boeing 747-400 passenger jet can hold 416 passengers. This blog was viewed about 12,000 times in 2010. That’s about 29 full 747s.


In 2010, there were 109 new posts, growing the total archive of this blog to 493 posts. There were 26 pictures uploaded, taking up a total of 2mb. That’s about 2 pictures per month.

The busiest day of the year was January 6th with 171 views. The most popular post that day was Recent Law School Grad? Open a Bankruptcy Practice!.

Where did they come from?

The top referring sites in 2010 were,,,, and

Some visitors came searching, mostly for do i qualify for bankruptcy, suburbs, bankruptcy blog, do i qualify for bankruptcy in florida, and do i qualify for bankruptcy in california.

Attractions in 2010

These are the posts and pages that got the most views in 2010.


Recent Law School Grad? Open a Bankruptcy Practice! December 2009


do you qualify for bankruptcy? take the instant means test January 2009


household size and median income (IRS v. Census Bureau) July 2007
1 comment


Buying Distressed Assets Under §363 of the Code March 2007
1 comment


how to get kicked out of your home or appartment March 2007

For the last time … you are a debt relief agency (get over it)

From the Bankruptcy Litigation Blog written by my colleague Steve Jakubowski comes thsi observation regarding today’s Supreme Court decision in Milavetz, Gallop & Milavetz, P.A., v. United States, No. 08-1119:

Back when bashing BAPCPA was in vogue I posited here that the BAPCPA’s “debt relief agency” provisions “look more like an effort to create a consumer bankruptcy lawyer clone who much like the ever-multiplying Agent Smith from The Matrix-Reloaded speaks and does precisely as directed with ruthless efficiency.”

Today’s unanimous opinion from Justice Sonia Sotomayor (with concurrences from Justices Scalia and Thomas) tells us not to worry because while attorneys are “debt relief agents” under the Code, §526(a)(4) “prohibits a debt relief agency only from advising a debtor to incur more debt when the impelling reason for the advice is anticipation of bankruptcy.”  Milavetz, Gallop & Milavetz, P.A., v. United States, No. 08-1119 (Op. at 13).

As with most bankruptcy decisions from the Supreme Court, the path taken to the holding is more interesting than the actual holding itself.  This post examines two aspects of that road

<<read the rest of the post>>

Posted via email from beyond bankruptcy

2 roommates + 2 incomes = 1 happy debtor

2 roommates + 2 incomes

2 roommates + 2 incomes

In re Bostwick, 2009 WL 1788046 (Bky.D.Minn. June 23, 2009) 

 Sounds like sanity could be returning to the Bankruptcy system, but you be the judge.  As reported in this piece by Attorney Craig Andresen for the Bankruptcy Law Network, a court in Minnesota has ruled that unrelated roommates living in the same house or appartment constitute a “2-person household’ while at the same time not taking the roommate’s income into account when it came to the debtor’s Means Test. In other words, a debtor living with a roommate in Minnesota can make more money than his neighbor in Wisconsin or Illinois and still file Chapter 7 (or finish Chapter 13 in 3 years instead of 5).  It’s actually an interesting and perfectly logical way to look at things – take a look and see if you don’t agree. The alternative can be downright ridiculous; just ask any consumer bankruptcy lawyer frustrated by the system (hint: that’s everyone …). [read the full article]

for the last time, NO mortgage modification in bankrupcty!

On March 30 Congress made it official. H.R. 200, the “Helping Families Save Their Homes in Bankruptcy” Act of 2009 was put down once and for all by a narrow margin in the Senate.

Pity. It turns out the Act would have gone a long way towards leveling a very uneven playing field. You can read about some of the (relatively) radical aspects of the bill in this summary from

Now for the last time, stop fantasizing that the Federal Government is going to save your house and just hire a bankruptcy lawyer already.

Related Posts on Twitter

Bankruptcy to Congress: “I’m back baby!”

Bankruptcys Back

Bankruptcy's Back

From MSN Money By Liz Pulliam Weston

It looks as if last year’s reform law did not really stem the enormous flood of bankruptcies after all. Here are the states with the highest bankruptcy rates. advertisement By Liz Pulliam Weston The lull in bankruptcy filings may already be a thing of the past. Consumer bankruptcy cases plunged to a 20-year low in the first three months of 2006, reflecting the passage of a tough new bankruptcy law last year. But the pace of new filings is already on the rise. Courts now see an average of 2,000 new filings a day — four times the number that were filed in November 2005 after the bankruptcy law went into effect, according to Chris Lundquist, founder of Lundquist Consulting, which tracks bankruptcy trends. If filings continue to rise at anything like this rate — which is not a given, but certainly a possibility — we could see close to 1 million filings by the end of the year. That would still be significantly less than the record filing levels that drove passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. But it would be a pretty clear indication that the bankruptcy juggernaut was just stalled, not cured, by the new law. [read the full piece]

who wins when you sell short?

things aren't getting any better ...

Short sales are being pushed as a win-win situation since the bank gets something, and the homeowner avoids foreclosure.  To me it looks like a lose-lose-lose situation.  Short sales hurt the mortgage company who loses money.  The homeowner loses their home.  Families that live around the property lose value in their homes since short sales and foreclosure drive down the values of the homes around it.  This hurts families who did everything right, but are still pulled into a situation where they are also underwater on their home.  Short sales are not going to stop the spiral of foreclosures that have contributed to the mortgage crisis, and although they might make sense for a particular property owner they can create their own problems.

1 in 6 homeowners, or nearly 12 million homeowners, are upside down on their mortgages.  Experts believe that this number will climb to over 15 million in a year, and this figure could be higher if house prices continue to fall.  This was reported in a story on ABC News Nightline on October 17, 2008 on the mortgage crisis.  The story was on mortgages that were upside down or underwater, meaning that the house was worth more than what is owed. [full article]

Ed. Note – thanks to Jay Fleischman for the heads up on this article