Judge Schmetterer

In re Ezell

Counsel for a bankruptcy debtor listed a debt to an attorney as the assignee of a debt which represented fees owed to counsel for services in a prior bankruptcy case of the debtor, and counsel received all of the amounts paid on the debt through the debtor's plan. The U.S. Trustee moved for sanctions against counsel and for disgorgement of fees.
Ruling: 
Counsel sanctioned and ordered to disgorge fee due to concealment of status as creditor by assigning claim.
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Consumer case opionion summary, case decided on October 29,2012, LexisNexis #1212-035

Reyna v. PNC Bank (In re Reyna)

Debtors brought this action pursuant to 11 U.S.C.S. § 506(a), (d), and Fed. R. Bankr. P. 3012, 7001(2) seeking to determine the value of creditor's interest in their residential real estate and to determine the status of the creditor's claim (19-1).
Ruling: 
Wholly unsecured second lien could be avoided upon plan completion.
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Consumer case opionion summary, case decided on October 09,2012, LexisNexis #1112-063

Miciuliene v. Morgan Chase Bank (In re Miciuliene)

Debtor brought this action pursuant to 11 U.S.C.S. § 506(a), (d), and Fed. R. Bankr. P. 3012, 7001(2) seeking to determine the value of defendant creditor's interest in debtor's residential real estate and to determine the status of the creditor's claim.
Ruling: 
Unsecured second mortgage could be avoided upon successful plan completion.
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Consumer case opionion summary, case decided on October 09,2012, LexisNexis #1112-062

Stallard v. Charter One (In re Stallard)

Debtors brought this action pursuant to 11 U.S.C.S. § 506(a), (d), and Fed. R. Bankr. P. 3012, 7001(2) seeking to determine the value of defendant creditor's interest in debtor's residential real estate and to determine the status of the creditor's claim. The matter came before the court for hearing upon proper notice.
Ruling: 
Wholly unsecured junior lien could be stripped off if debtor fully performed under confirmed plan.
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Consumer case opionion summary, case decided on October 02,2012, LexisNexis #1112-133

Flores v. TCF Bank (In re Flores)

Plaintiff chapter 13 debtors filed a complaint against defendant bank pursuant to 11 U.S.C.S. § 506(a) and (d) and Fed. R. Bankr. P. 3012 and 7001(2) seeking to determine the value of the bank's interest in the debtors' residential real estate and to determine the status of the bank's claims.
Ruling: 
Wholly unsecured second lien could be stripped off upon successful completion of plan.
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Consumer case opionion summary, case decided on October 01,2012, LexisNexis #1012-121

In re 211 Waukegan LLC

Movant creditor requested the allowance of administrative expenses under 11 U.S.C.S. § 503(b), for transfers she made to the debtor, after the purchase of debtor's assets by an unrelated third party bank, which extinguished the equity interest held by movant creditor in the debtor.
Ruling: 
Extension of postpetition credit to debtor was made in ordinary course of business and allowed as administrative expense claim.
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Commercial case opionion summary, case decided on September 18,2012, LexisNexis #1012-118

Hernandez-Torres v. Charter One Bank (In re Hernandez-Torres)

Plaintiff chapter 13 debtors filed a complaint pursuant to 11 U.S.C.S. § 506(a) and (d) and Fed. R. Bankr. P. 3012 and 7001(2) against defendant bank, seeking to determine the value of the bank's interest in the debtors' residential real estate and to determine the status of the bank's claim.
Ruling: 
Debtor could strip off lien that exceeded value of residential property.
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Consumer case opionion summary, case decided on August 13,2012, LexisNexis #0912-029

Kap-Sum Props. LLC v. Ly (In re Ly)

Creditor filed a complaint against chapter 7 debtor objecting to her discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A), (a)(4)(A), (a)(6)(A), and (a)(3). The creditor moved for a default judgment. The debtor failed to appear at the hearing on the motion for default judgment and presented no evidence by affidavit.
Ruling: 
Discharge denied due to undisclosed prepetition transfer of business for no consideration and retention of interest in business.
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Consumer case opionion summary, case decided on August 10,2012, LexisNexis #0912-059

In re Pavlovic

A chapter 13 debtor filed a motion under 11 U.S.C.S. § 522(f) to avoid a judicial lien held by a county on the debtor's home.
Ruling: 
Judicial lien for violation of building codes on debtor's residence was avoidable as impairing debtor's homestead exemption.
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Consumer case opionion summary, case decided on July 10,2012, LexisNexis #0812-016

Leibowitz v. Hall (In re Hall)

Plaintiff, the chapter 7 Trustee for debtor's estate, filed an adversary proceeding to sell defendant co-owner's interest in a farm pursuant to 11 U.S.C.S. § 363(b), (h). The matter was pending the court's decision following a trial.
Ruling: 
Bankruptcy court lacked jurisdiction to hear dispute over sale of interest in farm where no offer was pending as there was no case or controversy.
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Consumer case opionion summary, case decided on June 28,2012, LexisNexis #0912-113

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