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central district of illinois

EM Lodgings, LLC, In re

Ruling
Court granted bank's motion for relief from the stay so it could foreclose its mortgage andpursue other remedies against the LLC as the LLC had not proposed a plan of reorganization.(Bankr. C.D. Ill.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on January 25, 2018 , LexisNexis #0318-003

EM Lodgings, LLC, In re

Ruling
Court granted bank's motion for relief from the stay so it could foreclose its mortgage andpursue other remedies against the LLC as the LLC had not proposed a plan of reorganization.(Bankr. C.D. Ill.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on January 25, 2018 , LexisNexis #0318-003

Smith, In re

Ruling
Individual retirement account debtor received from her mother was not exempt from creditor's claims. (Bankr. C.D. Ill.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Retirement Funds.

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Consumer opinion summary, case decided on January 19, 2018 , LexisNexis #0218-097

THR & Assocs., In re

Ruling
Court denied trustee's applications to pay auctioneer as the trustee failed to inform the court that the auctioneer charged a buyer's premium as well as a 5% commission. (Bankr. C.D. Ill.)
Issue(s)
Employment of Professional Persons.

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Commercial opinion summary, case decided on January 03, 2018 , LexisNexis #0218-032

Swisher, In re--Richardson v. Swisher

Ruling
Debtor was ineligible to have her debts discharged for concealing cash in her possession at the time of bankruptcy filing. (Bankr. C.D. Ill.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.

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Consumer opinion summary, case decided on November 22, 2017 , LexisNexis #1217-114

Awayda, In re

Ruling
Trustee's objection to debtor's claim of exemption denied as the exemption was validlyclaimed as of the petition date. (Bankr. C.D. Ill.)
Issue(s)
Exemptions; Debts Collectible from Exempt Property.

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Consumer opinion summary, case decided on October 18, 2017 , LexisNexis #1117-100

Planck, In re

Ruling
Debtor's case was ordered dismissed as he failed the means test given that he had moreincome contrary to what he declared in his first means test form. (Bankr. C.D. Ill.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Presumption of Abuse.

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Consumer opinion summary, case decided on August 03, 2017 , LexisNexis #0917-017

Lucas, In re

Ruling
Debtor's motion to convert from chapter 7 to chapter 13 was denied as debtor did not act ingood faith. (Bankr. C.D. Ill.)
Issue(s)
Conversion; By the Debtor.

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Consumer opinion summary, case decided on June 16, 2017 , LexisNexis #0717-078

Tanner, In re

Ruling
Court denied the motion of the trustee which tried to evade the requirements of thebankruptcy code and rules (Bankr. C.D. Ill.)
Issue(s)
Obtaining Credit; Authorization After Notice and Hearing.

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Consumer opinion summary, case decided on June 16, 2017 , LexisNexis #0717-066

Durov, In re

Ruling
Trustee's motion to dismiss debtor's case was granted where debtor was not eligible under chapter 13 for not having a sufficiently stable and regular income to enable him to make payments under a plan. (Bankr. C.D. Ill.)
Issue(s)
Who May Be a Debtor; Chapter 13.

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Consumer opinion summary, case decided on March 10, 2017 , LexisNexis #0417-031