Judge Perkins

Posnanski v. Kosth (In re Kosth)

Plaintiff creditor filed a complaint objecting to both the dischargeability of defendant debtor's debt under 11 U.S.C.S. § 523, and the debtor's discharge under 11 U.S.C.S. § 727.
Ruling: 
Discharge denied due to false statement regarding payments to insiders within year prior to petition date.
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Consumer case opionion summary, case decided on March 13,2012, LexisNexis #0412-128

In re Martin

The chapter 13 debtor sought confirmation of an amended plan. An objection was filed.
Ruling: 
Confirmation of above median debtor's plan with three-year term denied due to failure to meet applicable commitment period.
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Consumer case opionion summary, case decided on January 24,2012, LexisNexis #0212-137

In re Scharp

Creditor, a franchisor, sought relief from stay per 11 U.S.C.S. § 362 to continue its prosecution of an eviction action to oust debtor franchisee from a property on which movant's facility was located. Debtor opposed relief on the ground that the contractual arrangement between the parties was not a "true lease" and could not be assumed under 11 U.S.C.S. § 365, thereby foreclosing relief from stay.
Ruling: 
Relief from stay granted to allow creditor franchisee to continue eviction action.
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Consumer case opionion summary, case decided on November 28,2011, LexisNexis #0112-007

Barber v. Grube (In re Grube)

A debtor's chapter 7 bankruptcy trustee sued defendant, the debtor's wife, to avoid five prepetition transfers as fraudulent transfers under 11 U.S.C.S. § 548(a)(1)(B). The trustee moved for summary judgment.
Ruling: 
Transfer of funds to non-debtor spouse to be held as earmarked for undetermined joint tax liability was avoidable as fraudulent.
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Consumer case opionion summary, case decided on October 06,2011, LexisNexis #1111-053

In re Riekena

Movant, the chapter 13 trustee, moved to dismiss one of the debtors, the wife, from the case due to her alleged ineligibility under 11 U.S.C.S. § 109(g)(2), based upon her prior filing, and the dismissal on her motion of, a prior individual chapter 13 case.
Ruling: 
Joint debtor who filed petition one day after dismissal of prior chapter 13 case was not an eligible debtor.
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Consumer case opionion summary, case decided on September 15,2011, LexisNexis #1011-106

State Bank of Indus. V. Moffett (In re Moffett)

Creditor bank filed an adversary complaint against chapter 13 debtor, to determine the dischargeability, pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (a)(2)(B), of partially secured debt owed to the bank based on informal, long-term renewal loans.
Ruling: 
Loan debt was dischargeable where bank president's reliance on belief that debtor owed mother's business was not justifiable.
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Consumer case opionion summary, case decided on July 25,2011, LexisNexis #0811-084

Kreps v. Illinois Dept of Healthcare (In Kreps)

Plaintiffs, Chapter 13 debtors, filed an adversary complaint against defendant Illinois Department of Healthcare and Family Services (DHFS) alleging that the res judicata effect of their confirmed plan under 11 U.S.C.S. § 1327(a) barred the DHFS's claim for postpetition interest that accrued on the priority claim for back child support.
Ruling: 
Res judicata did not bar claim for postpetition interest on priority claim for back child support.
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Consumer case opionion summary, case decided on July 13,2011, LexisNexis #0811-070

Rafool v. Fifth Day Peoria LLC (In re Westbay)

Chapter 7 trustee sued defendant, a limited liability company (LLC), to avoid and recover a $50,000 transfer either as a preference or a fraudulent conveyance. Before the court was the LLC's amended motion for summary judgment.
Ruling: 
Payment of proceeds of sale of debtor's member interest in LLC to creditor with security interest on the member interest was not a fraudulent transfer.
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Consumer case opionion summary, case decided on July 11,2011, LexisNexis #0811-025

Northwest Bank & Trust Co. v. Edwards (In re Edwards)

This matter was before the court after trial on the sole issue of whether defendant debtors intended to deceive plaintiff creditor on its complaint pursuant to 11 U.S.C.S. § 523(a)(2)(B) seeking a determination of nondischargeability of a debt resulting from a consent judgment entered in state court proceedings against debtors.
Ruling: 
Consent judgment in state court was dischargeable absent proof of debtor's intent to deceive.
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Consumer case opionion summary, case decided on June 10,2011, LexisNexis #0711-014

Success Bank v. McPherson (In re McPherson)

Creditor filed a complaint against chapter 7 debtors seeking a determination that a debt for monies loaned to a car dealership, which was personally guaranteed by the debtor husband, was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) or (a)(2)(B). The creditor filed a motion for summary judgment based on a state court judgment and the theory of collateral estoppel.
Ruling: 
Collateral estoppel could not be applied in dischargeability proceeding based on state court default judgment that did not specify whether fraud count was included.
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Consumer case opionion summary, case decided on May 26,2011, LexisNexis #0611-085

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