Jul
30
2020
Bridges, In re
Ruling:
Debtor, whose Chapter 13 plan was not yet confirmed, did not qualify under CARES Actprovision to modify her plan to include a term beyond five years. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on July 30,2020, LexisNexis #0920-048
Jul
28
2020
Gonzalez, In re
Ruling:
Creditor did not act willfully in violating the automatic stay when it moved in state court for atax deed as creditor had no knowledge of debtor's bankruptcy. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on July 28,2020, LexisNexis #0920-030
Jul
24
2020
Emerald Casino, Inc., In re
Ruling:
Objection to claims was sustained as trustee concluded that the claims should be treated asequity interests not as general unsecured claims. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on July 24,2020, LexisNexis #0920-035
Jul
23
2020
Pramod Patel, In re--Ankit Shah v. Pramod Patel
Ruling:
Judgment was entered in favor of debtor with respect to construction contractor's claim as thecontractor failed to meet his burden of proof. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on July 23,2020, LexisNexis #0920-009
Jun
02
2020
Hitz Rest. Grp., In re
Ruling:
Debtor restaurant owner owed at least 25 percent of the rent amount to the creditor even aftergovernor’s order closing restaurants due to COVID-19 triggered the force majeure clause.(Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on June 02,2020, LexisNexis #0720-055
May
05
2020
Williams, In re
Ruling:
Grounds existed for vacating the confirmation order as to creditor alone because a violation ofdue process occurred. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on May 05,2020, LexisNexis #0620-078
Apr
22
2020
Cosman, In re--Busey Bank v. Cosman
Ruling:
Bank denied summary judgment on its claim of non-dischargeability as it failed to establish adebt obtained by any misrepresentation other than a statement concerning the debtor'sfinancial condition. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on April 22,2020, LexisNexis #0620-060
Apr
28
2020
Perez, In re
Ruling:
Creditor's motion for default judgment was granted where debtor defrauded creditor byaccepting the funds without the intent to ever repay the same. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on April 28,2020, LexisNexis #0620-061
Apr
30
2020
Stirlen, In re--Karass v. Stirlen
Ruling:
Debtor guarantor could assert a guaranteed party’s setoff defense to allegedlynondischargeable debt. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on April 30,2020, LexisNexis #0620-067
Apr
21
2020
Rice, In re
Ruling:
City's refusal to release debtor's impounded vehicle, once debtor filed bankruptcy and made ademand for the vehicle, was a violation of the automatic stay. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on April 21,2020, LexisNexis #0620-030
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