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Adv. No. 25-04001 (Southern District of Illinois)
Case No. 24-40450 (Southern District of Illinois)
Defendant filed motion for summary judgment before any meaningful discovery could be taken. Plaintiff established a genuine dispute about material facts, and the limited record did not establish that Defendant was entitled to judgment as a matter of law. Summary judgment was therefore denied.
Fed. R. Civ. P. 56; Fed. R. Bankr. P. 7056
Case No. 24-71004
Annulment of the automatic stay granted for cause based on the Debtor's failure to give timely notice of his bankruptcy filing to creditor so that foreclosure sale of his residence that occurred in violation of the automatic stay could have been prevented. Alternative request for dismissal of case for bad faith denied.
11 U.S.C. §§362(d)(1) and 1307(c)
Case Nos. 23-70218, 23-70219, 23-70220, 23-90136
Motions for stay of related adversary proceedings pending appeals in bankruptcy cases granted in part. Movant appealed denial of stay relief to prosecute state court causes of action in California and asked for stay of adversary proceedings to determine dischargeability of potential liability in California case pending its appeals. The movant failed to meet its burden of showing likelihood of success on appeal, but, in the absence of objection from the debtors, the adversary proceedings were stayed for purposes of trial. The Court declined to stay discovery pending the appeals. Separately filed motions for permissive abstention that sought the same substantive relief as the motions for stay pending appeal were denied as moot.
Case No. 23-70583
Debt arising from loan obtained using false written statements in loan application and supporting documents upon which creditor reasonably relied was excepted from the Chapter 7 debtor's discharge, but exception did not extend to debt arising from subsequent loan absent evidence that those same statements were used by the debtor to obtain and reasonably relied on by the creditor in making the second loan. The creditor failed to establish that either debt was incurred due to willful and malicious injury by the debtor as an alternate basis for excepting the debts from discharge.
11 U.S.C. §523(a)(2)(B), (6).
Case Nos. 23-70218, 23-70219, 23-70220, and 23-90136
Motions for stay relief to proceed with litigation in California state court denied. Potential liability in state court action was the subject of pending adversary complaints to determine dischargeability of debts under §523(a)(2), (4), and (6). The bankruptcy court having exclusive jurisdiction over dischargeability issues and the movant not being entitled to a jury trial on those issues weighed heavily against granting stay relief.
11 U.S.C. §§362(d), 523(c)
Case No. 23-90322
Prepetition transfer of a portion of Debtor's share of proceeds from sale of marital home to ex-spouse as reimbursement for downpayment on purchase avoided by Trustee as constructively fraudulent because it was made within two years of the bankruptcy filing, while the Debtor was insolvent, and for less than reasonably equivalent value.
11 U.S.C. §§548(a)(1)(B), 550
Case No. 24-70349
Chapter 13 Trustee's objection sustained as to Debtor's claim of exemption in inherited IRA under Washington pension and retirement exemption law. Although Trustee did not dispute the Debtor's use of Washington State exemptions, the exemption provisions did not expressly exempt inherited IRAs and there was no evidence of legislative intent to the contrary or case law construing the Washington statute to protect inherited IRAs.
11 U.S.C. §522
RCW 6.15.020
Adv. No. 23-03026 (Southern District of Illinois)
Case No. 23-30045 (Southern District of Illinois)
Adversary complaint filed by Chapter 11 Debtor against creditor and related entity dismissed in part with leave to replead. The Debtor asserted claims for breach of contract, promissory estoppel, avoidance of transfers as preferential and constructively fraudulent, and equitable subordination. Defendants moved to dismiss all counts for failure to state a claim upon which relief could be granted. Breach of contract count survived as to both defendants based in part on their admission of a valid contract in answer to previous iteration of complaint. Promissory estoppel count dismissed as to both defendants because the allegations relied on the existence of an express contract which would preclude relief under equitable principles. Preference avoidance count dismissed as to one defendant because the allegations did not support inference that the transfer was made to or for the benefit of or on account of a debt owed to that defendant. Count seeking to avoid transfer as constructively fraudulent dismissed as to both defendants because the Debtor received reasonably equivalent value for payment in the form of a dollar-for-dollar reduction of outstanding debt owed to the creditor defendant. And equitable subordination claim dismissed as to defendant that was not a creditor of the estate because it did not have a claim or interest to subordinate.
Fed. R. Civ. P. 12(b)(6); Fed. R. Bankr. P. 7012
11 U.S.C. §§510, 547, 548, 550
Case No. 23-70015
State court award of attorney fees related to order of protection against debtor not excepted from her discharge under §523(a)(6). Attorney fees awarded in connection with order of protection are not excepted from discharge in bankruptcy as a matter of law; proof of willful and malicious injury is required. The state court orders at issue did not contain findings establishing that a willful and malicious injury occurred. The debtor was not barred from raising a defense to the action, and the plaintiff otherwise failed to meet his burden of proving that he was willfully and maliciously injured by her.
11 U.S.C. §523(a)(6)
Case No. 22-70235
Chapter 7 Trustee's motion for turnover order and objection to the Debtor's amended claim of exemptions allowed in part. Debtor's amended schedules did not make evident what property was or was not being listed and claimed exempt given the information that was available to her and the traceability concerns stemming from her assets being converted to cash proceeds. As a result, the Debtor's amended claims of exemption were limited to the amounts scheduled.
11 U.S.C. §541(a)(1), (6)
Case No. 23-70116
Attorney's conduct in representing Chapter 13 debtors, compounded by inadequacy of fee application, warranted denial of all compensation in the case.
11 U.S.C. §§329, 330, 526, 527, 528; Fed. R. Bankr. P. 1008, 2016, 9011
Case No. 23-70610
Chapter 7 Trustee's objection sustained as to Debtors' claim of exemption in Illinois residence under Texas homestead exemption law. Although Texas law was applicable to Debtors under §522, the Texas homestead exemption statute limits its use to property located within the state and could not be used to exempt property in Illinois.
11 U.S.C. §522
Tex. Prop. Code. §41.002(d)
Case No. 23-70120
Discharge denied where Debtor made false oaths in her bankruptcy petition, schedules, and creditors meeting testimony by failing to disclose several accounts and transactions and misrepresenting the completeness and accuracy of the disclosures she did make as part of a scheme to conceal her prepetition use of funds and hinder creditors and the Chapter 7 trustee.
11 U.S.C. §727(a)(2)(A) and (4)(A)
Case No. 21-70695
Prepetition transfer from the Debtor to significant other that rendered the Debtor insolvent and for which she did not receive a reasonably equivalent value was avoided as constructively fraudulent and recoverable by the Trustee.
11 U.S.C. §§548(a)(1)(B), 550
Case No. 23-70449
Actual damages, attorney's fees, and punitive damages awarded in favor of Debtor as sanction against creditor for willful and egregious violations of the automatic stay.
§362(a), (k)
Case No. 22-70235
Chapter 7 Trustee's objection to the Debtor's claims of exemption in "Household Goods, "Electronics," and a handgun allowed in part. The Debtor's unitemized, categorical claims of exemption could not be traced to insurance proceeds from postpetition fire that resulted in loss of the Debtor's personal property. As a result, the Debtor's claims of exemption were limited to the scheduled amounts.
11 U.S.C. §541(a)(1), (6)
Case No. 15-71581
United States Trustee filed motion to reopen bankruptcy case to investigate whether cause of action stemming from post-petition cancer diagnosis is property of the estate. In granting the motion, the Court made clear that no action to administer the asset would be allowed absent proof that the cause of action is property of the estate.
11 U.S.C. §§350(b), 541(a)
Case No. 21-70207
Trustee authorized to sell real estate co-owned by the bankruptcy estate and nonfiling spouse as tenants by the entirety for the benefit of the couple's joint creditors. The co-owners' interests in the property, which were contingent by virtue of a prepetition dissolution of marriage petition filed in Illinois state court, were determined and allocated among the co-owners in accordance with the Illinois Marriage and Dissolution of Marriage Act.
11 U.S.C. §363(h); 735 ILCS 5/12-112; 750 ILCS 5/503
Case Nos. 22-70120 and 22-70305
The United States Trustee's motions to examine debtors' transactions with attorneys granted in two dismissed cases filed by the same law firm on behalf of non-existent entities. Because the filings yielded no benefit to the entities actually intended to be debtors and exposed the entities' individual representatives to legal jeopardy, and because the attorneys' handling of the cases fell well short of the minimum standards for competent representation, the attorneys were required to disgorge all fees and costs paid to them.
11 U.S.C. §§329(b), 707(b)(4); Fed. R. Bankr. P. 2017(a), 9011(b)
Case Nos. 22-70120 and 22-70305
The United States Trustee's motions to dismiss granted in two cases filed by the same law firm on behalf of non-existent business entities. Because amending the petitions to correct the names (and in one case the Employer Identification Number) would not cure the problems of originally filing petitions for entities that do not exist and because entities that did not file the cases in the first place cannot rely on the rule allowing amendments to substitute themselves as the debtors, both cases were properly dismissed.
11 U.S.C. §§101(41), 109(a); Fed. R. Bankr. P. 1009(a)
Case No. 21-70349
Debt owed for overpayment of unemployment benefits excepted from discharge where Debtor misrepresented his status as unemployed in applying for and regularly certifying his eligibility for benefits despite being full-time employed at all times.
11 U.S.C. §523(a)(2)(A)
Case No. 18-71012
Debtor's voluntary motion to dismiss Chapter 7 case for cause denied notwithstanding his promise to pay creditors outside bankruptcy. The Debtor was previously denied a discharge in the long-pending case, and his history of abuse of the bankruptcy process precluded a finding that the best interest of his creditors would be served by dismissal. The Debtor also failed to establish authority for his request that the bankruptcy filing be expunged or sealed.
11 U.S.C. §707(a)
Case No. 21-90618
Chapter 7 Trustee's objection to the Debtor's amended claim of exemption denied. The Debtor's interest in her ex-husband's retirement account awarded to her in dissolution of marriage was exempt under Illinois law on the petition date.
735 ILCS 5/12-1006(a)
Case No. 20-71283
Fee applications of the Debtor's attorney and case trustee approved in Chapter 11 Subchapter V case in which consensual confirmation was achieved. The case, however, raised concerns about the developing standards for handling Subchapter V cases in the Central District of Illinois, warranting careful review and discussion of the work done and fees sought.
11 U.S.C. §§1181-1195
Case No. 15-81467
Prepetition transfers made to satisfy what were primarily debts of the debtor company's controlling shareholder when the company was insolvent and undercapitalized were avoided as constructively fraudulent transfers under the Illinois Uniform Fraudulent Transfer Act and the Bankruptcy Code.
11 U.S.C. §§544, 550
740 ILCS 160/5; 740 ILCS 160/6
Case No. 18-71139
Debtor had standing to object to claims. Claims for debts of limited liability company of which individual debtor was member/manager were disallowed in debtor's individual bankruptcy case where claimants failed to meet their burden of proving that the debtor was personally liable to them for the debts.
§502(a); Fed. R. Bankr. P. 3001
805 ILCS 180/10-10
Case No. 20-90855
Debt evidenced by final state court judgment excepted from the Debtor's discharge. Because the factual findings of the state court supported the factual elements necessary to establish a finding that the debt arose from the Debtor's defalcation as a fiduciary, the Debtor was collaterally estopped from relitigating those issues and the Plaintiffs were entitled to summary judgment in their favor.
11 U.S.C. §523(a)(4)
Case No. 19-70433
United States Trustee's Motion for a Determination of Reasonable Value of Services of Debtor's Attorney and for Sanctions granted. Disgorgement of fees and reimbursement of costs required where Debtor's attorney's conduct fell below professional standards and violated the Bankruptcy Code and Rules in the handling of the Debtor's Chapter 7 case.
§§105, 329, 526; Fed. R. Bankr. P. 1009, 7054, 9011
Case No. 20-71820
Amended complaint and adversary proceeding dismissed with prejudice because the plaintiffs lacked standing and, in any event, failed to state a plausible claim upon which relief could be granted despite having previously been admonished of the defects in prior complaints and given leave to correct those defects.
§523(a)(6); Fed. R. Civ. P. 12(b)(6), Fed. R. Bankr. P. 7012
Case No. 20-90547
DIscharge denied where Debtor made false oaths in his bankruptcy petition and schedules by exaggerating his role and interest in various business entities.
11 U.S.C. §727(a)(4)(A)
Case No. 20-71187
Chapter 11 individual debtor could claim Florida condominium, owned with his wife as tenants by the entirety, as fully exempt under §522(b)(3)(B) and the laws of the State of Florida.
11 U.S.C. §522(b)(3)(B)
Case No. 20-71187
Chapter 11 individual debtor could not claim Illinois tenancy by the entirety exemption in residential property that was not his homestead.
11 U.S.C. §522; 735 ILCS 5/12-1201; 735 ILCS 5/12-112; 765 ILCS 1005/1c
Case No. 20-70844
Venue is proper for preference action commenced by the Chapter 7 case trustee against defendant that conducted business across the country, including the State of Illinois, and transacted with the debtor in the Central District of Illinois.
28 U.S.C §§ 1391(c) and 1409(b)
Case No. 19-70782
Actual and punitive damages, as well as attorney fees, awarded to Debtor as sanction against creditor for willful violations of the automatic stay.
Section 362
Case No. 18-71139
Discharge denied where Debtor transferred and concealed assets and made multiple false oaths on his schedules, statement of financial affairs, and at his creditors meeting.
Sections 727(a)(2)(A) and (4)(A)
Case No. 19-71492
Motion to allow late-filed claim or to extend the time for filing denied where creditor had actual knowledge of Chapter 7 bankruptcy case despite not receiving proper, formal notice of the case.
Section 726(a)(2)(C); Federal Rule of Bankruptcy Procedure 3002(c)(6)(A)
Case No. 18-71012
Discharge denied where Debtor transferred and concealed the transfer of creditor's collateral, falsified documents in relation to his dealings with the creditor, and made a false oath in scheduling an asset at a clearly inflated value.
Sections 727(a)(2)(A), (3), and (4)(A)
Case Nos. 19-71144 and 19-71778
United States Trustee's Motions for Determination of Reasonable Value of Services of Debtors' Attorney and for Sanctions granted, in part. Disgorgement of fees and costs required where Debtors' attorney's conduct fell below professional standards and violated the Bankruptcy Code and Rules in the preparing, filing, and handling of the Debtors' bankruptcy cases.
Sections 105, 329, 526, 707(b)(4); Fed. R. Bankr. P. 9011
Case No. 01-92550
Motion to Reopen Chapter 11 case denied where third party successor in interest to the residual assets of the Debtor failed to establish cause for reopening.
Section 350(b)
Case No. 18-71832
Debt excepted from discharge where Debtor signed security agreement misrepresenting his interest in and the encumbered status of collateral pledged.
Section 523(a)(2)(A) and (B)
Case No. 18-71744
No exception to discharge where plaintiff failed to establish that it was owed a debt by the individual debtor, as well as other key elements of its causes of action.
Section 523(a)(4), (6)
Case No. 19-70537
United States Trustee's motion for disgorgement of fees granted. Fees and costs charged by Debtor's attorney to reopen case and file motion to avoid lien that should have been filed when the case was originally open but for the attorney's failure to perform reasonable investigation had to be disgorged.
Section 707(b)(4)(C), (D); Fed. R. Bankr. P. 9011
Case No. 18-91109
Movant's ten motions to disqualify filed in a closed adversary proceeding denied.
28 U.S.C. §455
Case No. 19-90467
The Chapter 7 debtor's medical bills were consumer debts for purposes of determining whether "granting of relief would be an abuse of the provisions" of Chapter 7.
Sections 707(b)(1) and (b)(2)
Case No. 18-71772
Chapter 7 Trustee's motion to reopen case to administer asset denied where the debtors had disclosed "possible inheritance" of an "unknown" value and the Trustee abandoned the asset by filing his Report of No Distribution and allowing the case to close without further investigation.
Sections 350(a) and (b), 554(c); Fed. R. Bankr. P. 5009 and 5010
Case No. 17-70853
Discharges of both Debtors denied where one Debtor made multiple false oaths at creditors meeting and subsequent 2004 examination and both Debtors willfully refused to comply with the Court's order requiring production of documents and participation in 2004 examinations.
Section 727(a)(4)(a) and (6)(A)
Case No. 17-91140
Application for Administrative Expense for the attorney representing the Debtors in a Chapter 11 small business case that was subsequently converted to Chapter 7 allowed, in part, and denied, in part. The attorney's failure to conform to the basic organizational standards for fee applications and the overall caliber of legal work warranted denial of a significant portion of the total fees requested.
Section 330; Fed. R. Bankr. P. 2016
Case No. 19-70152
Judicial lien partially avoided to the extent that there was not enough equity in homestead to satisfy the lien after subtracting other liens and the Debtor's homestead exemption from the value of the property.
Section 522(f)(2)(A)
Case No. 17-91187
No exception to discharge where plaintiff failed to establish that it was owed a debt by former employee, as well as other key elements of its cause of action.
Section 523(a)(4), (6)
Case No. 17-90819
Lumping separate causes of action under the Illinois Uniform Fraudulent Transfer Act ("IUFTA") and the Federal Debt Collection Practices Act ("FDCPA") into a single count warranted dismissal with leave to file amended complaint.
Fed. R. Civ. P. 12(b)(6); Fed. R. Bankr. P. 7012
Case no. 13-90942
Final compensation for custodian and attorney of Chapter 11 corporate debtor allowed, in part, and denied, in part. Inadequate disclosures at the time of employment warranted denial of fees and costs in professionals' final applications for compensation.
Sections 327, 328, 330; Fed. R. Bankr. P. 2014, 2016
Case No. 17-90985
Debt owed to Plaintiff by limited liability company for breach of contract excepted from discharge of individual Debtor with company ownership or membership interest where the Debtor's false representations caused and resulted in the breach of contract and damages sustained by Plaintiff.
Section 523(a)(2)(A)
Case No. 17-90542
Amended complaint and adversary proceeding dismissed with prejudice when plaintiff failed to state a plausible claim upon which relief could be granted despite having previously been given leave to correct the defects in the original complaint.
Sections 547, 550; Fed. R. Civ. P. 12(b)(6), Fed. R. Bankr. P. 7012
Case No. 18-70442
Chapter 7 Trustee's objection to the Debtors' claim of exemptions denied. Despite statutory presumption, the Trustee failed to meet his burden of proof in the face of the Debtors' credible and uncontradicted testimony to the contrary.
735 ILCS 5/12-1001
Case No. 15-71018
Motion to reconsider order on allowance of claim or for a new trial based on "newly discovered evidence" denied where moving party failed to establish that it exercised diligence in obtaining the evidence prior to judgment being entered.
Section 502(j); Federal Rules of Civil Procedure 59 and 60; Federal Rules of Bankruptcy Procedure 9023 and 9024
Case No. 16-91187
Debtors' discharges revoked where they were informed that tax refund was estate property in which the case trustee had an interest and ordered to turn over the refund but did not do so until after the action to revoke their discharges was commenced.
Section 727(d)(2).
Case No. 17-70467
Postpetition unsecured debt not incurred in the ordinary course of business was not entitled to administrative expense treatment when prior court approval was not sought.
Section 364(a)-(c)
Case no. 13-90942
Interim compensation for custodian and attorney of Chapter 11 corporate debtor allowed, in part, and denied, in part.
Section 330, Fed. R. Bankr. P. 2016.
Case No. 14-71512
Stay pending appeal of judgment granted where prevailing party filed a cross-appeal regarding parts of the judgment not severable from the rest.
Fed. R. Bankr. P. 7062(d), 8007
Case No. 15-71018
Creditor's contingent claim against Debtors as gaurantors allowed in the amount of zero because claim was likely to remain contingent.
Section 502(b), (c)
Case No. 14-71512
Creditor in a voluntary Chapter 7 case entitled to compensatory and punitive damages for the Debtor's willful stay violation, as well as declaratory relief voiding the state court judgment obtained by the Debtor without first seeking stay relief.
Section 362(k)
Case No. 17-71908
Chapter 13 trustee justified in not paying pre-confirmation adequate protection payments without the filing of a motion and the entry of an order specifically authorizing the payments to be made to a creditor.
Section 1326(a)(1)(C)
Case No. 17-71371
Trustee's objection to Debtors' claim of exemption in inherited IRA sustained. Exemption for "retirement plans" does not apply to inherited IRAs under Illinois law.
735 ILCS 5/12-1006
Case No. 12-72022 and 15-90801
Failure to fully disclose all compensation paid or promised to auctioneer warranted denial of applications for compensation of auctioneer.
Sections 327 and 330; Fed. R. Bankr. P. 2014, 2016, 6005
Case No. 17-70310
Discharge denied where Debtor failed to disclose cash on hand in order to hinder, delay, or defraud the Trustee and her creditors.
Section 727(a)(2)(B) and (4)(A)
Case No. 17-70869
Joint stipulation regarding apparent agreement between Chapter 7 Debtor and her creditor to except a debt from discharge not approved where there was no pending adversary proceeding to properly bring the matter before the Court.
Sections 523(c) and 524; Rules 4007(c), 7001(6), and 7003
Case No. 17-70784
Chapter 13 Trustee's objection to plan confirmation based on the Debtors' deduction of postpetition 401(k) contributions in calculating disposable income was overruled.
Sections 541(b)(7) and 1306(a)(1)
Case No. 17-90458
Trustee's objection to Debtor's claim of exemptions overruled and her motion for turnover order denied where proceeds from the sale of the Debtor's homestead were exempt under Illinois law on the petition date.
Section 522(b); 735 ILCS 5/12-906
Case No. 13-71508
Trustee's objection to Debtor's claim of exemptions sustained in reopened case where Debtor failed to show excusable neglect for not amending schedules before case originally closed.
Fed. R. Bankr. P. 1009(a), 9006(b)(1)
Case No. 17-70023
Dismissal of Chapter 7 case warranted because the debtor did not rebut the presumption of abuse that arose from failing the means test.
Section 707(b)(1)-(2).
Case No. 15-71919
Discharge denied where Debtor concealed and then misrepresented the timing and nature of the transfer of his only substantial, unencumbered, non-exempt asset to a family-owned company of which he has a part in order to hinder, delay, or defraud his creditors.
Sections 727(a)(2)(A) and (4)(A)
Case No. 16-71878
Debtor's motion to convert his Chapter 7 case to Chapter 13 denied where his conduct in filing his Chapter 7 case was not in good faith.
Sections 706(a) and (d), 1307(c).
Case No. 17-70325
No authority to grant the Chapter 7 Trustee's motion requesting that the Debtor's power of attorney be allowed to borrow and turnover the cash value of life insurance policies. Section 704(a)(1).
Case No. 16-71699
Individual did not have sufficiently stable and regular income to enable him to make payments under any plan and therefore was not eligible to be a debtor under Chapter 13.
Sections 101(30), 109(e), 1307(c), 1325(a)(7)
Adversary No. 16-09002
Ross J. Fleckenstein and Kimberly A. Fleckenstein, Case No. 15-90922
Debt not excepted from discharge where creditor failed to meet burden of proof.
Section 523(a)(2)(B)
Case No. 16-70536
Secured creditor could not be paid by the trustee through Chapter 12 plan without having a claim on file.
Fed. R. Bankr. P. 3002(c)
Case No. 13-90942
Chapter 11 corporate debtor's income tax debt for tax year ending post-petition is entitled to administrative expense claim treatment.
11 U.S.C. 503, 507
Adversary No. 15-09033
Blair M. Minton, Case No. 14-91293
Illinois LLC's operating agreement did not contain the types of material obligations that would make it an executory contract. The Court did not have subject matter jurisdiction over request for declaratory relief based on hypothetical facts.
11 U.S.C. 365; 28 U.S.C. 2201(a); 805 ILCS 180/1-1 to 60-1
Adversary No. 16-07008 and 16-07012
Case No. 15-71944 and 16-70161
Payday lender not entitled to presumption of nondischargeability. Loans not excepted from Debtors' discharges.
Section 523(a)(2)(A), (C); Fed. R. Bankr. P. 7055
Case No. 16-70699
Objection to discharge denied where omission of asset from schedules was inadvertent.
Section 727(a)(4)(A)
Adversary No. 15-07051
John Adrian Wease and Kimberly Ann Wease, Case No. 15-71431
Debt not excepted from discharge where creditor failed to meet burden of proof.
Section 523(a)(2), (4), and (6)
Case No. 15-71627
Application for compensation denied and attorney sanctioned for filing petition with debtors' electronic signatures affixed without first obtaining original "wet signatures."
Sections 105(a), 330(a)(3); Fed. R. Bankr. P. 1008, 9011.
Case No. 14-72106
Confirmation of Chapter 11 plan denied where no affirmative ballots were cast.
11 U.S.C. §1129(a)(10)
Case No. 15-90708
Motion for leave to file late proof of claim denied.
Fed. R. Bankr. P. 3002(a), (c)
Adversary No. 14-7021
In re Sheryle Henry, Case No. 14-70113
Student loan debt not discharged where Debtor failed to prove elements of Brunner test.
Section 523(a)(8)
Adversary No. 14-7008
THR & Associates, Inc., Case No. 12-72022
Motions to dismiss adversary complaint denied - causes of action adequately stated and not time-barred.
Fed. R. Civ. P. 12(b)(6); Fed. R. Bankr. P. 7012
Case No. 15-90458
Sections 330(a), 326(a)
Chapter 7 trustee compensation is commission-based.
Adv. 15-9009
In re Blair M. Minton, Case No. 14-91293
Contractual provision which conditions repayment of loan upon default on other loans is not an unenforceable penalty.
Fed. R. Bankr. P. 7056
Adv. No. 14-7065
Case No. 14-70578
Debt owed to former spouse for maintenance reimbursement to which Debtor was not entitled and obtained through actual fraud is nondischargeable.
Section 523(a)(2)(A)
Case No. 13-72140
Chapter 7 Trustee's Final Report, which disclosed sale of asset at a loss and disclosed payment of estimated rather than actual expenses, reluctantly approved with adjustment to expenses and admonitions about future practices.
Sections 704(a), 330(a)(1)(B)
Case No. 14-90026
Objection to exemptions based on fraud and bad faith denied.
735 ILCS 5/12-1006
Adv. No. 14-07069
In re Butler, 14-71585
Section 523(a)(8)
Student debt not discharged where debtor failed to demonstrate "certainty of hopelessness."
Adv. No. 15-7033
(In re Robert J. Jordan, Case No. 15-70132)
Mortgages obtained by unlicensed lenders are not invalid under Illinois law solely because of the licensing violation.
205 ILCS 635/1-3(e).
Adv. No. 15-7023
Revocation of discharge denied where elements of proof - "knowing and fraudulent conduct" and "refusing" to comply - were unestablished.
Section 727(d)(1)-(3)
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.
13-71005
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.
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.