In re Hartman
Dec
11
2013
Ruling
Relief from stay granted due to lack of equity and unauthorized use of cash collateral.
Issue(s)
Should relief from stay be granted given lack of adequate protection and unauthorized use of cash collateral.
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Court
:
- 11 U.S.C.
Edgar County Bank & Trust Co. v. Davis (In re Davis)
Nov
04
2013
Ruling
Fraud of LLC members could be imputed to debtors who were also members.
Issue(s)
Could fraud of LLC members be imputed to debtors who were fellow members.
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Court
:
- 11 U.S.C.
Scarlett v. Scarlett (In re Scarlet)
Oct
08
2013
Ruling
Hold harmless and indemnification provision in marital settlement agreement created nondischargeable debt.
Issue(s)
Whether the debtor's agreement to pay, indemnify and hold former spouse harmless from a debt as provided in a marital settlement agreement was non-dischargeable.
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Court
:
In re Holm
Jun
19
2013
Ruling
Confirmation denied due to excessive expenses for debtor's business and recreation and entertainment of bi-polar adult son.
Procedural posture
A chapter 13 trustee objected to confirmation of the debtors' plan pursuant to 11 U.S.C.S. § 1325(b) on the grounds that some of the expenses claimed for the benefit of the debtors' son were not reasonable and necessary under 11 U.S.C.S. § 707(b)(2)(A)(ii)(II).
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Court
:
- 11 U.S.C.
Martinez v. Zeedyk (In re Zeedyk)
May
10
2013
Ruling
Debtor landlord's silence to tenants as to pending foreclosure was not grounds for nondischargeable debt.
Procedural posture
Plaintiffs, tenants who leased property from debtor husband, brought an adversary complaint asserting that the debtor defaulted on their lease and purchase agreement, and sought that the debt therefor be held nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A).
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Court
:
- 11 U.S.C.
In re Bono
Mar
19
2013
Ruling
Bank's judicial lien could be avoided only to the extent exceeding value of property less allowable homestead exemption.
Procedural posture
Debtor sought to have creditor bank's claim denied in its entirety based upon a perceived misapplication of her homestead exemption and her position that, pursuant to 11 U.S.C.S. § 522(f), the bank's judicial lien impaired her homestead exemption.
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Court
:
- 11 U.S.C.
In re Laurent
Jan
14
2013
Ruling
Debtor's failure to disclose assets and subsequent consent to revocation of discharge established fraudulent intent.
Procedural posture
A chapter 7 trustee filed a motion for turnover following the reopening of the debtor's case.
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Court
:
- 11 U.S.C.
First State Bank v. Zahos (In re Zahos)
Jun
25
2012
Ruling
Reaffirmation agreement filed without cover sheet was invalid and unenforceable.
Procedural posture
Secured creditor filed a complaint against chapter 7 debtor seeking to enforce a reaffirmation agreement, alleging that the debtor's notice to rescind was untimely pursuant to 11 U.S.C.S. § 524(c)(4).
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Court
:
- 11 U.S.C.
Wood v. Meredith (In re Meredith)
May
18
2012
Ruling
Discharge denied due to fraudulent transfer intended to hinder, delay and defraud creditors.
Procedural posture
Creditor filed a complaint against a chapter 7 debtor, his non-debtor spouse, and his in-laws, seeking to set aside fraudulent transfers pursuant to 740 ILCS 160/5 and 160/6 of the Illinois Uniform Fraudulent Transfer Act and objecting to the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A).
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Court
:
- 11 U.S.C.
Richardson v. Gifford State Bank (In re Crane)
Feb
29
2012
Ruling
Mortgages that failed to state interest rate or maturity date could be avoided.
Procedural posture
In his adversary complaint, plaintiff chapter 7 trustee claimed that two mortgages were defective and subject to avoidance pursuant to 11 U.S.C.S. § 544, in that both mortgages failed to state the interest rate and the maturity date relative to the subject mortgages in violation of 765 ILCS 5/11. The matter came before the court on cross-motions for summary judgment filed by the parties. Defendant was a creditor.
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Court
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