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central district of illinois

In re Preferred Prop. Group LLC

Ruling
Payments to debtor's attorneys pursuant to cash collateral order could not be recalled on FDIC's contention that the order was improperly issued.
Issue(s)
Could payments to debtor's attorney be recalled on FDIC claim that the payments were put to improper use?

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Commercial opinion summary, case decided on March 31, 2015 , LexisNexis #0415-077

In re Evans

Ruling
Case dismissed due to debtor's failure to disclose ownership interest in business.
Issue(s)
Whether to grant trustee's motion to dismiss debtor's case under 11 U.S.C.S. § 1307(c).

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Consumer opinion summary, case decided on March 17, 2015 , LexisNexis #0415-025

In re Curry

Ruling
Student loan debt could not be treated as executory contract to be assumed.
Issue(s)
Could a chapter 13 plan treat a consolidated student loan subject to income-based repayment terms as an executory contract?

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Consumer opinion summary, case decided on March 05, 2015 , LexisNexis #0615-064

In re Hughes

Ruling
Prepetition child support payments were property of debtor's estate.
Issue(s)
Were child support funds deposited in debtor's bank account property of the estate?

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Consumer opinion summary, case decided on February 19, 2015 , LexisNexis #0315-090

Richardson v. Flaugher (In re Flaugher)

Ruling
Discharge revoked due to debtor's acceptance and use of EEOC award which should have been disclosed and turned over to trustee.
Issue(s)
Should debtor's discharge be revoked where debtor failed to report receipt of the proceeds from an EEOC action to the trustee, and spent almost all of the money before the trustee learned it had been received?

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Consumer opinion summary, case decided on February 02, 2015 , LexisNexis #0215-132

In re Kesteloot

Ruling
Filing of joint petition did not result in consolidation of debtors' estates.
Issue(s)
Did the filing of a joint petition result in consolidation of debtors' estates that would allow one debtor to claim an exemption in the other debtor's property?

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Consumer opinion summary, case decided on January 30, 2015 , LexisNexis #0215-107

In re Barfield

Ruling
Successor trustee's motion to confirm sale of estate property improperly conducted by original trustee and disburse proceeds denied absent complete accounting.
Issue(s)
Could successor trustee's motion for order confirming sale of property by prior trustee be granted despite the fact that the sale was conducted by the prior trustee while an objection to the sale was pending and before a hearing on the objection could occur?

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Consumer opinion summary, case decided on January 29, 2015 , LexisNexis #0215-112

Owens v. United States Dept of Educ. (In re Owens)

Ruling
Debtor whose lack of employment was not likely to continue and had made no payments denied discharge of student loan debt.
Issue(s)
Was single debtor with no dependents who was suffering from mental illness entitled to an undue hardship discharge of student loan debt?

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Consumer opinion summary, case decided on January 22, 2015 , LexisNexis #0215-091

Owens v. United States Dept of Educ. (In re Owens)

Ruling
Debtor whose lack of employment was not likely to continue and had made no payments denied discharge of student loan debt.
Issue(s)
Was single debtor with no dependents who was suffering from mental illness entitled to an undue hardship discharge of student loan debt?

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Consumer opinion summary, case decided on January 22, 2015 , LexisNexis #0215-091

In re Nothdurft

Ruling
Debtor could not claim that state exemption applied to Social Security benefits received prior to petition date.
Issue(s)
Could debtor claim a state exemption in Social Security payments received prior to the petition date?

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Consumer opinion summary, case decided on November 13, 2014 , LexisNexis #1214-048