Richardson v. Principal Financial Group (In re Bayless)
Apr
12
2007
Ruling
Repayment of excess disability payments was avoidable as preferential.
Procedural posture
Plaintiff trustee filed an adversary proceeding to avoid as a preferential transfer under 11 U.S.C. § 547(b) a repayment of disability benefits by defendant debtors to defendant insurer within the 90-day period before the bankruptcy filing.
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Court
:
- 11 U.S.C.
In re Carlton
Feb
28
2007
Ruling
Debtors' deductions for payments of secured debt on three motor vehicles allowed over trustee's objection.
Procedural posture
Trustee objected to confirmation of chapter 13 debtors'plan pursuant to 11 U.S.C. § 1325(b)(1)(B).
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Court
:
Cripe v. Mathis (In re Mathis)
Dec
06
2006
Ruling
Default judgment for fraud and embezzlement by debtor in construction of creditor's house was dischargeable.
Procedural posture
Plaintiff creditors commenced an adversary proceeding to determine the dischargeability of their default judgment against defendant debtor under 11 U.S.C. § 523(a)(2)(A) and (a)(4) because of alleged fraud and embezzlement arising out of the construction of the creditors'house.
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Court
:
- 11 U.S.C.
In re Sanders
Nov
20
2006
Ruling
Trustee's objection to confirmation based on treatment of cross-collateralized claims denied due to faulty attempt to apply 1325(a) hanging paragraph.
Procedural posture
The chapter 13 matter came before the court for hearing on confirmation of the First Amended Chapter 13 Plan filed by debtor. The trustee objected to confirmation of the Amended Plan, citing provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA").
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Court
:
- 11 U.S.C.
Cillnet Inc. v. Fortin (In re Fortin)
Aug
16
2006
Ruling
Deposition testimony could not be challenged by sham affidavits intended to prevent discharge of debt.
Procedural posture
Plaintiff creditor commenced an adversary proceeding to determine the dischargeability of defendant debtor's debt. The complaint was based on 11 U.S.C. § 523(a)(2)(A). The matter was before the court on debtor's motion for summary judgment.
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Court
:
Housley, In re
Aug
02
2006
Ruling
Court entered order providing for adequate protection payments to be made. (Bankr. C.D. Ill.)
Issue(s)
Payments; Plan Payments.
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Court
:
- 11 U.S.C.
Coatney v. United States Dept of Educ. (In re Coatney)
Jul
19
2006
Ruling
Four year deferral of student loan debt granted to debtor who did not establish undue hardship.
Procedural posture
Plaintiff debtor sought to discharge his student loan debt to defendant United States Department of Education pursuant to 11 U.S.C. § 523(a)(8).
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Court
:
- 11 U.S.C.
In re Demirco Group (N. Am.) L.L.C.
Jun
14
2006
Ruling
Creditor was granted additional time to file amended involuntary petition since original petition did not have required number of petitioning creditors.
Procedural posture
The matter came before the court upon an involuntary petition filed under chapter 7 by the petitioning creditor against the alleged debtor. The alleged debtor filed an answer and motion to dismiss the involuntary petition.
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Court
:
- 11 U.S.C.
In re Demirco Holdings Inc.
Jun
09
2006
Ruling
Court denied motion to dismiss since there was no evidence that involuntary petition was filed in bad faith.
Procedural posture
Petitioning creditor, a bank, filed a chapter 7 involuntary bankruptcy petition pursuant to 11 U.S.C. § 303 against alleged debtor, a holding company. The company answered the petition and filed a motion seeking to dismiss the involuntary petition.
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Court
:
- 11 U.S.C.
Johnson v. Curtis (In re Curtis)
May
24
2006
Ruling
Debts owed to lenders were dischargeable despite debtor's omission of pertinent information since lenders failed to show they justifiably relied on the misrepresentations.
Procedural posture
Adversary plaintiffs who each made personal short term loans to debtor with the promise of quick and dramatic profits, sought a determination of the nondischargeability of their respective debt, pursuant to 11 U.S.C. § 523(a)(2)(A). Debtor had been the victim of a long-running scheme whereby he repeatedly paid fees to European swindlers for the promise of a large commission.
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Court
: