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Hon. Thomas L. Perkins

Amended Complaint dismissed where Trustee failed to allege an actual transfer of property of the Debtor.  Court rejected implied transfer theory.

Nonrefundable Child Tax Credit may not be exempted as a public assistance benefit.

Substantive consolidation of individual Debtor and Corporate Debtor denied.

Monthly payments to ex-spouse characterized in MSA as "equalization payments" determined to be in the nature of maintenance or support.

§§544(b) & 548(a)(1) Mutual promises set forth in bilateral contract were adequate consideration as a matter of contract law; motion for consideration denied.

Student loans determined nondischargeable for Debtor who is 33 years old and holds a master's degree.

Constructive fraud avoidance claims denied where debtor was contractually obligated for sums paid to general contractor.

§544(a) Creditor whose lien was noted on vehicle certificate of title under its former corporate name, nonetheless retained perfected status.

215 ILCS 5/238 Cash value of life insurance not exempt where beneficiary is non-dependent adult son.

§506(b) Oversecured creditor whose secured status was preserved via marshaling, was entitled to postpetition interest under §506(b).

§§541 (a)(1) & (a)(6)  Debtor's contingent right under CBA to receive profit sharing payment was property of the estate, on a pro rata basis to exclude earnings from post-petition services.

§§541 (a)(1) & (a)(6)  Debtor's contingent right under CBA to receive profit sharing payment was property of the estate, on a pro rata basis to exclude earnings from post-petition services.

§§541 (a)(1) & (a)(6)  Debtor's contingent right under CBA to receive profit sharing payment was property of the estate, on a pro rata basis to exclude earnings from post-petition services.

28 U.S.C. § 407 & 11 U.S.C. § 522, Social Security proceeds excluded from the estate; no equitable exceptions to exemptions permitted. 

§§ 541(a), 556 and 362(b)(6) Cross motion for summary judgment denied where grain sale contracts are not integrated and record did not contain evidence of industry custom.

Rule 4004(b)  Order extending discharge objection deadline to earlier of fixed date or debtors' compliance with turnover order must be enforced literally.

§ 522(b) Exemption denied as sanction for debtors' failure to schedule lawn tractor

§ 1325(b)(2)
Child support payments were fully excludable from chapter 13 debtor's current monthly income.
Issued: Sept. 12, 2013

Marshalling allowed following conversion and liquidation of real estate.

§ 735 ILCS 5/12-1001(g): Illinois exemption for "right to receive" benefits did not protect funds in debtor's possession.

§ 362(d)(2): Stay modified where proposed reorganization was not feasible.

§ 544:  Summary judgment denied where reasonably equivalent value was a material question of fact.

Hon. Mary P. Gorman

Case No. 14-72070
Minimal attorney fee awarded in Chapter 13 case where quality of work was poor and contemporaneous time records were not kept.
Section 330

Case No. 15-71018
Mortgagee with valid, perfected security interest in post-petition rents entitled to stay relief and abandonment.
Sections 362(d)(1), 363(c)(2), 552(b)(2), 554(b)

Adv. No. 14-9013
Section 727(a)(2)(A)
Debtor's discharge denied for making transfers to hinder and delay collection efforts of judgment creditors.

Case No. 14-71331
Local Standards: Housing and Utilities allowance is available to anyone who has housing expenses.
11 U.S.C. 707(b)(2)(A); 11 U.S.C. 1325(b)

Adv. No. 14-7063
Adversary complaint dismissed for lack of subject matter jurisdiction.
28 U.S.C. 1334; 28 U.S.C. 157

Adv. No. 14-07012
Objection to discharge sustained where debtor failed to disclose estate property and failed to comply with court order
Sections 727(a)(4)(A), (a)(6)(A)

Case No. 12-70904
Trustee's application for fees relating to hypothetical distribution of converted estate funds denied.
Section 330(a), 326(a)

Case No. 11-72074
Motion to Amend or Alter Judgment denied.
Section 102(1)

Case No. 11-91764
Application for attorney fees allowed in part; request for disgorgement denied.
Section 329(b)

Case No. 14-70700
Section 1307(c)
Lack of good faith and unreasonable delay warranted case dismissal with one-year bar to refiling.

Case No. 14-70979
Income-based repayment terms do not make a student loan an executory contract which can be assumed or rejected in a Ch. 13 plan.
Sections 365, 1322(b)(7)

Case No. 14-71879
Section 541
Child support in hand generally belongs to parent, not child, and is property of Ch. 7 estate.

Adv. 14-7006
Discharge revoked for failure to report and turn over EEOC award proceeds.
Section 727(d)(2)

Bodily injury exemption may not be claimed by uninjured co-debtor spouse.
735 ILCS 5/12-1001(h)(4)

Ch. 7 trustee not entitled to "confirmation" of unauthorized sale.
Section 363(b); Fed. R. Bankr. P. 6004

Case No. 14-71307
735 ILCS 5/12-1001(g); 735 ILCS 5/12-1006(a).
Trustee's objection to claims of exemption allowed in part; denied in part.

Case No. 14-70578
Sections 502, 507(a)(1)(A), 101(14A)
Claim for child support arrearage entitled to priority treatment; claim for reimbursement for maintenance overpayments is a general unsecured claim.

Case No. 13-70172
Section 330(a)(3)
Chapter 13 no-look fee denied. Fees reduced due to poor quality of work and failure to properly keep time.

Case No. 14-70025
Sections 362(a)(1),(2) and 524(a)(1),(2)
No cause shown to lift stay or modify discharge injunction.

Exemption for public assistance benefits does not extend to benefits received pre-petition.
735 ILCS 5/12-1001(g)

Case No. 12-71112
Plan modification is distinct from claim allowance process.
Section 1329

Case No. 10-72120
Motion to Modify Chapter 13 Plan granted in part.
Sections 1329, 1325(a)(6)

Case No. 14-70013
Replacement value is the post-BAPCPA standard for redemption
Sections 722, 506(a)

Case No. 13-71645
Section 330
Application for Attorney's Fees allowed in part; denied in part.

Cases No. 10-71700 and 11-72448
Chapter 13 Trustee's motions to modify confirmed plans denied
Section 1329

Sections 363(b), 503; Rule 2016
Fee application required regardless of basis for employment.

Sections 727(a)(2)(A), 727(a)(4)(A)
Discharge denied for failure to disclose remainder interest

Section 547(b),(c); Fed.R.Bankr.P. 7056
Defense of ordinary course of business sustained to defeat preference action in part.

Case No. 13-71433
Section 1325(a)(4)
Cost/benefit analysis required to value avoidable preference.

Obligation to pay marital debt determined to be domestic support obligation and, therefore, stay relief granted.
Section 523(a)(5)

Sections 1307(b), (c)
Chapter 13 case dismissed with bar to refiling as sanction

Stay relief, abandonment denied to contract for deed seller
Sections 362, 541, 554

Sections 329, 330; Rule 2016
"No look" fee denied due to poor quality of legal services.

Sec. 362
Annulment of stay denied.

Discharge denied under Section 727(a)(2)(A) where Debtor, while subject to a citation to discover assets, hindered and delayed collection by creditor.

§524(a)(2): City enjoined from collecting pre-petition claim for demolition expenses. 

Hon. William V. Altenberger

Attorney fees of over-median Chapter 13 debtor are property payable under plan from debtor's disposable income as calculated on Form B22C.

§28 USC 157:  Court lacks jurisdiction to determine validity of Debtor's assignment of personal injury claim upon Trustee's abandonment of claim.

§ 544:  Fraudulent conveyance - reasonably equivalent value.

§ 523(a)(2)(A):  Debt incurred when Debtor/Payee of check deposits check with Creditor and payment is disallowed by issuer is discharged.

Bankr.R. 9024/F.R.C.P. 60(b):  Confirmed Chapter 12 Order vacated to allow Creditor to amend plan to provide for an earlier claim payment date.

Hon. Gerald D. Fines

Willful violation of automatic stay.  11 U.S.C. Sec. 362(k)(1)

Modification of plan terms after confirmation.  11 U.S.C. Sec. 1329(a)(1)

Motion for Summary Judgment - is conversion of life insurance policy fraud?  735 ILCS 5/12-1001

IRA funds co-mingled with non exempt funds, 735 ILCS 5/12-1006

11 U.S.C. § 362(d)(1) and (2):  Motion to lift stay and deny cash collateral for lack of adequate protection

Section 523 does not require debtor to himself/herself commit fraud but may be culpable as member-manager
11 U.S.C. Sec. 523(a)(2)(A)

Is a debt held harmless in a marital settlement agreement non-dischargeable?
11 U.S.C. Sec. 523(a)(15)

Objection to confirmation as to secured/unsecured portion of debt.
11 U.S.C. Secs. 506(a)(1) and 1322(b)(2),

Are expenses incurred for care of disabled adult son reasonably necessary? 11 U.S.C. Sec. 707(b)(a)(A)(ii)(ll)