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central district of illinois

Cook, In re

Ruling
Court denied stay pending appeal as appellant failed to show likelihood of success on the merits. (Bankr. C.D. Ill.)
Issue(s)
Stay Pending Appeal; Bonds; Suspension of Proceedings; Initial Motion in the Bankruptcy Court.

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Consumer opinion summary, case decided on May 12, 2025 , LexisNexis #0725-075

Rohl, In re

Ruling
Debtor's share of sale proceeds paid to debtor's ex-wife as reimbursement for funds as down payment of their marital home was avoided as a fraudulent transfer as it was made at a time debtor was insolvent within two years of the bankruptcy. (Bankr. C.D. Ill.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.

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Consumer opinion summary, case decided on November 05, 2024 , LexisNexis #0125-060

Robinson, In re

Ruling
Bankruptcy court allowed debtors to cure default on real estate installment contract throughChapter 13 plan, overruling creditor's objections. (Bankr. C.D. Ill.)
Issue(s)
Contents of Plan; Determination of Amount Necessary to Cure Default.

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Consumer opinion summary, case decided on June 27, 2024 , LexisNexis #0924-022

Judge, In re--Gaither v. Judge

Ruling
Creditor was not entitled to the discharge of a debt, consisting of attorney fees the creditorincurred to obtain an order of protection against the debtor, as the creditor failed to meet hisburden of proof. (Bankr. C.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on April 02, 2024 , LexisNexis #0624-007

Thomas, In re

Ruling
Debtor’s attorneys’ fees denied and ordered disgorged due to failure to execute a writtenattorney retention and fee agreement with the debtor. (Bankr. C.D. Ill.)
Issue(s)
Requirements For Debt Relief Agencies; Contracts and Disclosures.

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Consumer opinion summary, case decided on February 14, 2024 , LexisNexis #0424-042

Hodel, In re--Erickson v. McCaw

Ruling
Trustee failed to prove that debtor received less than equivalent value for a portion of thealleged fraudulent transfer. (Bankr. C.D. Ill.)
Issue(s)
Fraudulent Transfers and Obligations; Elements Of Fraudulent Transfers.

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Consumer opinion summary, case decided on February 02, 2024 , LexisNexis #0324-089

Ryan, In re

Ruling
Bankruptcy Code does not preempt the provision in the Texas homestead exemption statutepreventing its application to out-of-state properties. (Bankr. C.D. Ill.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions.

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Consumer opinion summary, case decided on January 31, 2024 , LexisNexis #0324-081

Lewis, In re--Gargula v. Lewis

Ruling
Debtor's discharge was denied for transferring property to hinder her creditors as she failed todisclose several accounts and transactions and misrepresented the completeness and accuracyof the disclosures she did make. (Bankr. C.D. Ill.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on January 25, 2024 , LexisNexis #0324-067

Brashear, In re

Ruling
Trustee met his burden of proof to show that debtor was rendered insolvent by the transfer.(Bankr. C.D. Ill.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on November 30, 2023 , LexisNexis #0124-085

Craig, In re

Ruling
Debtor awarded punitive damages as creditor filed a lawsuit two days after the petition datein violation of the automatic stay. (Bankr. C.D. Ill.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on October 23, 2023 , LexisNexis #1223-080