Judge Baer

Briseno v. Mutual Fed. Sav. & Loan Assn (In re Briseno)

Ruling: 
Debtor could bifurcate first mortgages on two properties but could not strip off second mortgage securing allowed claim on one property.
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Consumer case opionion summary, case decided on August 02,2013, LexisNexis #0913-010

In re Malec

In this chapter 13 action, a secured lender with respect to two pieces of commercial property owned by the debtors filed two motions to allow costs of collection--one for each piece of property.
Ruling: 
Creditor's costs of collection allowed in reduced amount due to concerns over reasonableness.
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Consumer case opionion summary, case decided on July 11,2013, LexisNexis #0813-049

In re James

Debtor filed a motion to reopen his chapter 13 bankruptcy case and for an order requiring a standing chapter 13 trustee to release funds to the debtor's attorney. A finance company and another creditor filed an objection to the debtor's motion, alleging that a third-party citation to discover assets that was filed in an Illinois court and served on the trustee trumped the release of funds.
Ruling: 
Case reopened and trustee ordered to comply with order to disburse funds.
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Consumer case opionion summary, case decided on April 18,2013, LexisNexis #0513-096

In re Rogers

Debtor's counsel sought attorney's fees in excess of the compensation permitted under the Court-Approved Retention Agreement (the "CARA"), which he executed with his client ("debtor").
Ruling: 
Attorneys' fees in excess of amount specified in court-approved retention agreement provision granted due to extraordinary services and numerous challenges.
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Consumer case opionion summary, case decided on March 14,2013, LexisNexis #0413-073

In re Romious

When the plans of chapter 13 debtors proposed to pay delinquent real estate taxes through monthly disbursements by the chapter 13 trustee to the county clerk, tax purchasers moved for relief from the automatic stay to continue to pursue the issuance of tax deeds on the ground that they were not adequately protected under 11 U.S.C.S. § 362(d)(1).
Ruling: 
Tax purchasers denied relief from stay where plan provided adequate protection.
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Consumer case opionion summary, case decided on January 18,2013, LexisNexis #0213-041

In re Harris

After debtors moved to avoid a judicial lien arising by reason of a prepetition judgment against the wife in favor of a creditor, which motion to avoid was based on claims that the lien impaired a homestead exemption claimed under 11 U.S.C.S. § 522(b)(3) and 735 Ill. Comp. Stat. 5/12-901 (2010), the court took up the issue of whether such avoidance was effective immediately or was properly conditioned on completion of debtors' chapter 13 plan.
Ruling: 
Avoidance of judicial lien impairing debtor's homestead exemption properly conditioned on plan completion and discharge.
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Consumer case opionion summary, case decided on November 26,2012, LexisNexis #1212-080

In re Rose

A collections law firm commenced a case in state court against a bankruptcy debtor to collect a debt and obtained an administrative hold on the debtor's bank account, and the firm refused to release the hold upon learning of the debtor's subsequent bankruptcy. The debtor moved for sanctions against the firm for willfully violating the automatic bankruptcy stay of 11 U.S.C.S. § 362(a)(1).
Ruling: 
Law firm sanctioned for failing to release hold on debtor's account in violation of stay.
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Consumer case opionion summary, case decided on October 02,2012, LexisNexis #1012-114

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