- 11 U.S.C.
Judge, In re--Gaither v. Judge
Apr
02
2024
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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Thomas, In re
Feb
14
2024
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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:
- 11 U.S.C.
Ryan, In re
Jan
31
2024
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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Lewis, In re--Gargula v. Lewis
Jan
25
2024
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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- 11 U.S.C.
Brashear, In re
Nov
30
2023
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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Craig, In re
Oct
23
2023
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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- 11 U.S.C.
Harding, In re
Aug
25
2023
Ruling
Debtor’s exemptions in insurance proceeds allowed but limited to the amounts claimed on herschedules as filed. (Bankr. C.D. Ill.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable
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Schertz, In re--Reinbold v. Schertz
Nov
17
2022
Ruling
Trustee was allowed to proceed with selling the property free and clear of the co-owner'sinterest as the trustee established that selling the property would yield a significant dividendto the creditors of the debtor's bankruptcy estate. (Bankr. C.D. Ill.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.
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- 11 U.S.C.
Le La Nails, LLC, In re
Sep
08
2022
Ruling
Disgorgement of attorneys fees in two cases involving the same attorneys was warranted asdebtors' counsel failed to satisfy their professional obligations. (Bankr. C.D. Ill.)
Issue(s)
Debtor’s Transactions with Attorneys.
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Le La Nails, In re
Aug
18
2022
Ruling
Two companies were ineligible to be debtors in the bankruptcy cases filed in their names asneither ever had a residence, domicile, place of business, or property in the United States.(Bankr. C.D. Ill.)
Issue(s)
Who May Be a Debtor; Person or Municipality.
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