Judge Schmetterer

Micic, In re--Markut v. Micic

Ruling: 
Motion to dismiss denied where recovery on alleged claims could constitute anondischargeable debt for willful and malicious injury. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on November 14,2019, LexisNexis #1219-086

Quadrant 4 Sys. Corp., In re--Amherst Partners LLC v. Red Mesa LLC

Ruling: 
Trustee's motion for turnover granted in part based on the allocation of the tax refundsbetween the debtor and his non-filing spouse according to the "Withholding Rule." (Bankr.N.D. Ill.)
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Commercial case opionion summary, case decided on November 14,2019, LexisNexis #1219-087

Quadrant 4 Sys. Corp., In re

Ruling: 
Liquidating trustee could avoid preferential transfers made to or for the benefit of defendant.(Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on November 14,2019, LexisNexis #1219-088

Shuey, In re

Ruling: 
Creditor was not entitled to invoke discharge exception as he offered no binding authorityindicating that he was authorized to step into the shoes of the lender for student loanpayments he had made. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on August 15,2019, LexisNexis #1019-036

Batista-Sanchez, In re

Ruling: 
Debtor's confirmed Chapter 11 plan extinguished creditor's second mortgage where treatmentof the second mortgage was binding once the plan was confirmed. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on August 14,2019, LexisNexis #1019-047

Webster Place Ath. Club, LLC, In re

Ruling: 
Creditor's motion for stay relief denied as whether creditor would succeed on its actions instate court was still debatable. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on June 18,2019, LexisNexis #0819-082

Bane, In re

Ruling: 
Creditor's citation lien on after-acquired property was a voidable preference where it wasfixed upon any and all property debtor acquired during the 90-day period and debtor met allrequirements under 11 U.S.C. § 547. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on February 21,2019, LexisNexis #0419-017

Dancel, In re

Ruling: 
Claim disallowed as creditor was bound by the terms of the consent judgment with the effectthat its claim was extinguished. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on February 05,2019, LexisNexis #0319-032

Randolph, In re--Leibowitz v. Randolph

Ruling: 
Debtor's discharge was denied as debtor refused to make the payments required by the agreedorder or to comply with the terms of the turnover order despite numerous requests and follow-up calls by the trustee's professionals. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on January 22,2019, LexisNexis #0319-044

Arthur B. Adler & Assocs., In re

Ruling: 
Debtor's president violated the automatic stay as he deposited property, in which the estate had an interest, in his personal bank accounts, apportioned fees to himself before remitting the remaining amount to the trustee, and attempted to settle with individuals on debtor’s behalf. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on August 20,2018, LexisNexis #1018-036

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