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§ 305(b)

In re Clark

Jul
29
2011
Ruling
Case reopened to allow unlisted creditors to resolve issue of nondischargeability of wrongful death claim after trial in federal court.
Procedural posture

Debtors filed a petition under chapter 7 of the Bankruptcy Code on April 19, 2010, and they were granted a discharge and their case was closed on August 12, 2010. On June 7, 2011, movants filed a motion to reopen the debtors' case, and they sought relief from the automatic stay and asked the bankruptcy court for permission to amend a complaint they filed in federal district court. The debtors opposed the motion.

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Consumer opinion summary, case decided on July 29, 2011 , LexisNexis #0911-001
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In re Central Ill. Energy LLC

Nov
25
2008
Ruling
Creditor allowed an administrative expense claim for insurance paid on water treatment facility leased to debtor.
Procedural posture

Debtor, a Delaware limited liability company, filed a petition under chapter 11 of the Bankruptcy Code in December 2007, and the court converted the case to one under chapter 7 in August 2008. A creditor filed a motion for allowance of an administrative expense claim, and the chapter 7 trustee filed an objection to the motion.

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Commercial opinion summary, case decided on November 25, 2008 , LexisNexis #0109-038
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In re Loe

Mar
29
2007
Ruling
Involuntary case filed against state's attorney by inmate he convicted of murder dismissed for bad faith.
Procedural posture

Debtor, an assistant state attorney, filed an emergency motion to dismiss an involuntary bankruptcy proceeding filed pursuant to 11 U.S.C. § 305(b) that had been filed against him by a purported creditor whose criminal conviction had resulted from a prosecution handled by the alleged debtor. At issue was whether the petition was properly dismissed as a bad faith filing.

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opinion summary, case decided on March 29, 2007 , LexisNexis #0507-004
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