Judge Cassling

Hitz Rest. Grp., In re

Ruling: 
Debtor restaurant owner owed at least 25 percent of the rent amount to the creditor even aftergovernor’s order closing restaurants due to COVID-19 triggered the force majeure clause.(Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on June 02,2020, LexisNexis #0720-055

Oliva, In re--Cyrnek v. Oliva

Ruling: 
Debt was dischargeable where creditor proved he actually and justifiably relied ondefendant's false statement. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on February 25,2020, LexisNexis #0420-013

Capra, In re

Ruling: 
Debtor's egregious misconduct justified conversion to Chapter 7 in order to increase the assetsavailable for distribution. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on January 28,2020, LexisNexis #0320-023

Parkland Props., In re

Ruling: 
Court found that creditor did not violate the reorganization plan or the confirmation orderwhen it successfully bid on a certain real property and did not sell it to the reorganized debtor.(Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on July 16,2019, LexisNexis #0919-044

Maxwell, In re--Chicago Patrolmen's Fed. Credit Union v. Maxwell

Ruling: 
Revocation of discharge was not warranted as debtor’s failure to amend his schedules to reflect receipt of settlement did not necessarily equate to fraud. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on March 06,2019, LexisNexis #0419-093

WTE-S&S AG Enters., LLC, In re--WTE-S&S AG Enters., LLC v. GHD, Inc.

Ruling: 
Court ruled that setoff could be used by the creditor as a defense in order to offset a mutualdebt owed by the creditor to the debtor. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on August 18,2017, LexisNexis #0917-078

Avila, In re

Ruling: 
Post-petition retention of debtor's vehicle did not violate automatic stay where a city's continued possession of the vehicle was an act to maintain perfection of its possessory statutory lien. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on March 21,2017, LexisNexis #0417-107

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

Ruling: 
Debtors' obligation to secured creditor was nondischargeable as debtors' actions of sellingvehicles out of trust were willful and malicious. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on January 31,2017, LexisNexis #0317-016

Brandt v. FDIC (In re Equip. Acquisition Res., Inc.)

Ruling: 
Fraudulent transfer claims against the FDIC as receiver for failed bank were precluded wherethe bank was unaware of debtor’s fraudulent scheme. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on November 21,2016, LexisNexis #1216-110

In re Hrubec

Ruling: 
Plan including payments to creditor that did not file a proof of claim could be confirmed.
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Consumer case opionion summary, case decided on January 27,2016, LexisNexis #0216-134

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