Legal Opinion
In re Hernandez
Court of Appeals for the Seventh Circuit
Decided March 18, 2019No. 18-1789PublishedCited by 26 opinions
1Opinion of the Court
Sykes, Circuit Judge.
When Elena Hernandez filed a voluntary Chapter 7 bankruptcy petition in December 2016, she reported one sizable asset: a pending workers' compensation claim valued at $31,000. To place that claim beyond the reach of creditors, she listed it as exempt under section 21 of the Illinois Workers' Compensation Act ("the Act"), 820 ILL. COMP. STAT. 305/21 (2011), applicable via 11 U.S.C. § 522(b). Two days after filing for bankruptcy, Hernandez settled the claim.
Hernandez owed significant sums to three healthcare providers who treated her work-related injuries. The providers…
2Cases cited13 opinions
- In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993
- People v. DonohoIllinois Supreme Court · 2003
- Peggy Zahn v. North American Power & Gas, LLCourt of Appeals for the Seventh Circuit · 2016
- Sylvester v. Industrial CommissionIllinois Supreme Court · 2001
- First Weber Group, Incorporate v. Jonathan HorsfallCourt of Appeals for the Seventh Circuit · 2013
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Latrina Cothron v. White Castle System, Inc.Court of Appeals for the Seventh Circuit · 2021
- Circle Block Partners, LLC v. Fireman's Fund Insurance CompCourt of Appeals for the Seventh Circuit · 2022
- In re Elena HernandezIllinois Supreme Court · 2021
- Indiana Right to Life Victory Fund v. Diego MoralesCourt of Appeals for the Seventh Circuit · 2023
- Sanchelima Int'l, Inc. v. Walker Stainless Equip. Co.Court of Appeals for the Seventh Circuit · 2019
21 more not listed; retrieve them via the Exa API.