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central district of illinois

Fleckenstein, In re--Ford Motor Credit Co., LLC v. Fleckenstein

Ruling
Debt was dischargeable as creditor failed to prove that debtors acted with fraudulent intent.(Bankr. C.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.

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Consumer opinion summary, case decided on March 02, 2017 , LexisNexis #0417-010

Heft, In re

Ruling
Debtor's motion for authority to pay creditors directly was denied for obvious intent of themotion to undercut the express terms of the pending second amended plan. (Bankr. C.D. Ill.)
Issue(s)
Payments; Plan Payments; Distribution or Return of Payments by Trustee.

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Consumer opinion summary, case decided on February 16, 2017 , LexisNexis #0317-085

Grady, In re

Ruling
Debtors' discharges were denied as debtor husband made multiple false oaths at hiscreditors meeting and willfully refused to comply with court's order for production. (Bankr.C.D. Ill.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on February 10, 2017 , LexisNexis #1119-016

Sandburg Mall Realty Mgmt. LLC, In re--Reinbold v. Kohansieh

Ruling
Trustee's avoidance action was subject to dismissal as the transfers occurred prior to the twoyearlookback period. (Bankr. C.D. Ill.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers.

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Commercial opinion summary, case decided on January 31, 2017 , LexisNexis #0317-021

BMA Ventures, LLC v. Prillaman (In re Minton)

Ruling
Operating agreement was not an executory contract as debtor was not in managerial role in theLLC and whatever other obligations he may have had were not material. (Bankr. C.D. Ill.)
Issue(s)
Executory Contracts and Unexpired Leases.

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Consumer opinion summary, case decided on January 23, 2017 , LexisNexis #0217-080

Gargula v. Brown (In re Brown)

Ruling
Debtor eligible for discharge as court found that debtor's misstatements and omissions wereinnocent mistakes. (Bankr. C.D. Ill.)
Issue(s)
Discharge; Grounds for Denial; Fraud; Presentation of False Claim.

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Consumer opinion summary, case decided on December 29, 2016 , LexisNexis #0217-018

AmeriCash Loans, LLC v. Marquardt (In re Marquardt)

Ruling
Creditor was not entitled to recover on its default motion due to the lack of evidence to provedebtors' 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 December 29, 2016 , LexisNexis #0217-007

VanDettum v. Wease (In re Wease)

Ruling
Default judgment not supported by evidence or findings of fact was dischargeable. (Bankr.C.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on November 28, 2016 , LexisNexis #1216-099

In re Ruebling

Ruling
Attorney ordered to disgorge fees due to filing case without obtaining signatures of debtorsand relying on poorly trained, unsupervised staff. (Bankr. C.D. Ill.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.

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Consumer opinion summary, case decided on November 18, 2016 , LexisNexis #1216-090

In re Sabbun

Ruling
Amended plan not approved by at least one class of impaired creditors could not be approved.(Bankr. C.D. Ill.)
Issue(s)
Could chapter 11 plan be confirmed where debtor failed to obtain the affirmative vote of a single impaired class of creditors?

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Consumer opinion summary, case decided on August 22, 2016 , LexisNexis #0916-062