- 11 U.S.C.
In re Lane
Jan
12
2010
Ruling
State garnishment cap did not create a general exemption available in bankruptcy.
Procedural posture
A bankruptcy debtor claimed an exemption under the Illinois Wage Deduction Act (IWDA) in a bonus which the debtor earned pre-petition but was paid postpetition. The bankruptcy trustee objected to the exemption asserting that the IWDA was not a general exemption statute available to the debtor in bankruptcy.
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Court
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In re Hitch
May
29
2009
Ruling
Unsecured creditor could not file claims for postpetition costs of liquidating debtor's collateral.
Procedural posture
In consolidated chapter 13 cases, creditors filed unsecured deficiency claims, which included costs incurred in postpetition liquidation of the debtors' collateral. The trustee objected to each claim, maintaining that 11 U.S.C.S. § 506(b) barred an under-secured or totally unsecured creditor from recovering such postpetition costs. The issue was presented to the court for issuance of findings of fact and conclusions of law.
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Court
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Central Ill. Bank v. Suhadolnik (In re Suhadolnik)
Mar
25
2009
Ruling
Nondischargeability complaint based on fiduciary defalcation in absence of express formal trust was sufficiently plead.
Procedural posture
Bank sued chapter 7 debtor, seeking to have the debtor's obligations declared nondischargeable under 11 U.S.C.S. § 523(a)(2)(B) and (a)(4). The debtor moved to dismiss the § 523(a)(4) claim pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012, asserting that the bank failed to state a claim upon which relief could be granted.
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Court
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Richardson v. Carver (In re Carver)
Feb
20
2009
Ruling
Motion for denial of discharge denied absent showing of debtor's intent to hinder, delay or defraud creditors.
Procedural posture
Plaintiff, the chapter 7 trustee, brought a complaint objecting to the discharge of the debtor, asserting that, within one year of the case filing, the debtor transferred net sale proceeds and a real estate commission from the sale of their marital residence to his wife, in violation of 11 U.S.C.S. § 727(a)(2)(A), that his statement of financial affairs and schedules contained false oaths, in violation of 11 U.S.C.S. § 727(a)(4)(A).
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Court
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- FRBP
In re Webb
Jan
22
2009
Ruling
Trustee's motion to vacate discharge in converted case denied where trustee had failed to object at the appropriate time.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code, the matter was reconverted to a chapter 7 case, and the debtor received a discharge. A chapter 7 trustee filed a motion to vacate the discharge, alleging that the debtor was not eligible because the debtor had received a discharge in a prior chapter 13 case.
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Court
:
- 11 U.S.C.
First Natl Bank v. Bingaman (In re Bingaman)
Nov
25
2008
Ruling
Debtors' withdrawal of funds from guardian account for daughter resulted in nondischargeable debt.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a determination that a debt the debtors owed the bank was nondischargeable. The case was tried to the court.
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Court
:
- 11 U.S.C.
Standefer v. Kent (In re Kent)
Oct
22
2008
Ruling
Transfers with intent to hinder, delay and defraud creditors warranted denial of discharge.
Procedural posture
Plaintiffs, creditors of defendant chapter 7 debtors, a husband and wife, filed a complaint against the debtors, objecting, pursuant to 11 U.S.C.S. § 727(a)(2)(A), to the issuance of a discharge to the debtors and objecting, pursuant to several provisions of 11 U.S.C.S. § 523, to the dischargeability of the debt owed to the creditors by the debtors.
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Court
:
Gray v. City of Decatur (In re Gray)
Sep
24
2008
Ruling
Costs of demolition of buildings abandoned by debtor were discharged only to the extent demolition process took place postpetition.
Procedural posture
Plaintiff chapter 7 debtor filed an adversary proceeding against defendant, the City of Decatur, Illinois, seeking a judgment declaring that expenses the City incurred to demolish seven properties the debtor owned were discharged when the bankruptcy court issued an order discharging debts the debtor owed.
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Court
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In re Sharp
Aug
21
2008
Ruling
Plan approved provided debtor extended term and increased amount due trustee.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to confirmation of an amended plan the debtor proposed for repaying his creditors.
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Court
:
- 11 U.S.C.
In re Golloday
Jul
15
2008
Ruling
Debtor could not set aside discharge to allow approval of reaffirmation agreement and then reinstate discharge.
Procedural posture
Motions were filed by debtors in two different chapter 7 cases, each asking the court to "set aside" discharges previously granted to debtors for the purpose of allowing debtors to enter into reaffirmation agreements that complied with 11 U.S.C.S. § 524 with amenable secured creditors and then to "reinstate" their respective discharges. At issue was whether such relief under Fed. R. Bankr. P. 9023 and Fed. R. Bankr. P. 9024 was properly granted.
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Court
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