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central district of illinois

Finn, In re

Ruling
Attorney's conduct in consolidated bankruptcy cases violated Ill. Sup. Ct. R. Prof. Conduct 1.1as his representation of his clients was not competent and was not even remotely thorough.(Bankr. C.D. Ill.)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions; Untrue or Misleading

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Consumer opinion summary, case decided on August 28, 2020 , LexisNexis #1020-037

Brooks, In re--Brooks v. Strategic Funding Source, Inc.

Ruling
Bank's security interest was not equitably subordinated as the factor failed to show anymisconduct on behalf of the bank. (Bankr. C.D. Ill.)
Issue(s)
Subordination; Equitable Subordination.

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Consumer opinion summary, case decided on August 14, 2020 , LexisNexis #0920-084

Adcock, In re--Bank of Rantoul v. Adcock

Ruling
Debt was dischargeable where creditor failed to prove that omissions and misstatements on financial statement were material. (Bankr. C.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on July 17, 2020 , LexisNexis #0820-088

Merchant, In re--Kohn v. Merchant

Ruling
Chapter 7 debtor's obligation pursuant to a $1 million promissory note to creditors wasexcepted from his discharge as debtor obtained the loan using a written statement thatcontained false representations. (Bankr. C.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on March 31, 2020 , LexisNexis #0520-084

Thornton, In re

Ruling
Debt was not excepted from discharge where creditor failed to prove that debtor should beheld personally liable for LLC's debt to creditor. (Bankr. C.D. Ill.)
Issue(s)
Exceptions to Discharge.

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Consumer opinion summary, case decided on February 28, 2020 , LexisNexis #0420-037

Tatro, In re

Ruling
Motion for disgorgement of fees granted where attorneys failed to investigate the informationprovided by debtor. (Bankr. C.D. Ill.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

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Consumer opinion summary, case decided on January 31, 2020 , LexisNexis #0320-039

Fuqua, In re

Ruling
Amended fee application reduced as attorney did almost nothing to establish his entitlementto fees. (Bankr. C.D. Ill.)
Issue(s)
Compensation of Officers; Determination of Amount; Awards to Trustees, Examiners

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Consumer opinion summary, case decided on August 09, 2019 , LexisNexis #1019-028

Littig, In re

Ruling
Judicial lien could not be avoided beyond the amount necessary to protect debtor's exemption.(Bankr. C.D. Ill.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance; Judicial Liens.

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Consumer opinion summary, case decided on July 19, 2019 , LexisNexis #0919-059

Brown, In re

Ruling
Motion for turnover of 62.7 percent of debtor's 2018 STIP bonus was denied where court heldthat debtor's expectancy interest in the 2018 STIP bonus is not a legal or equitable interest inproperty as of the commencement of the case. (Bankr. C.D. Ill.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable

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Consumer opinion summary, case decided on May 09, 2019 , LexisNexis #0719-067

Earl Gaudio & Son, In re

Ruling
Debtor's counsel and custodian were not entitled to any compensation as they both failed todisclose relevant information regarding their own connections to interested parties in thebankruptcy case. (Bankr. C.D. Ill.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on March 29, 2019 , LexisNexis #0519-075