Aug
09
2021
Egizii, In re
Ruling:
Debtor's claim of exemption in a residential condominium was allowed as he held title withhis wife as tenants by the entirety, and controlling state law protected the property fromclaims by the creditors of only one of the spouses. (Bankr. C.D. Ill.)
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Consumer case opionion summary, case decided on August 09,2021, LexisNexis #0921-087
Jul
29
2021
Wheatley, In re
Ruling:
Debtor who lived in Illinois but also owned a condominium in Michigan with his wife couldclaim an exemption in the Michigan property as the phrase "applicable nonbankruptcy law" in§ 522(b)(3)(B) is not limited to the law of debtor's domicile state. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on July 29,2021, LexisNexis #0921-058
Jul
29
2021
Lemiszka, In re--Lemiszka v. Lemiszka
Ruling:
Debt was not excepted from discharge as the evidence did not show that debtor's allegedlyfalse representations were false when made or made with the intention to deceive the creditunion. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on July 29,2021, LexisNexis #0921-060
Jul
15
2021
Schumacker, In re--Imperial Roofing, Inc. v. Schumacker
Ruling:
Creditor failed to satisfy its burden of establishing nondischargeability as debtor's breach ofcontract was not a breach of a fiduciary obligation. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on July 15,2021, LexisNexis #0921-038
Jul
28
2021
Int'l Supply Co., In re--Stone v. Morton Cmty. Bank
Ruling:
Loan payments were not avoidable as debtor received reasonably equivalent value inexchange for incurring the obligations and for making the payments. (Bankr. C.D. Ill.)
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Commercial case opionion summary, case decided on July 28,2021, LexisNexis #0921-043
Jul
28
2021
Aiwa Corp., In re
Ruling:
Creditor's motion to modify the automatic stay was denied as premature and prejudicial to thedebtor and the estate. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on July 28,2021, LexisNexis #0921-031
Jul
26
2021
Hakalir, In re--Weltman v. Hakalir
Ruling:
Creditor was not entitled to summary judgment as to the nondischargeability of his loan to apro se Chapter 7 debtor as he failed to properly serve debtor with notice to pro se litigants andfailed to properly serve his request for admissions. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on July 26,2021, LexisNexis #0921-036
Jul
21
2021
Hall, In re--Hall v. Hall
Ruling:
Permissive abstention was warranted because issues as to whether a partnership existedunder state law and the rights of partners were plainly not exclusive to bankruptcy law.(Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on July 21,2021, LexisNexis #0921-024
Jun
04
2021
Zarling, In re--Nelson v. Zarling
Ruling:
Debtor's explanations for the transfer of the settlement funds did not demonstrate that helacked fraudulent intent or rebut the presumption of intent to defraud. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on June 04,2021, LexisNexis #0721-088
Jun
10
2021
Kimball Hill, Inc., In re
Ruling:
Supplemental damages motion denied where court found that the request was inappropriategiven pending appeal. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on June 10,2021, LexisNexis #0721-096
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