Northern District

Ostlund v. Isfan (In re Isfan)

Plaintiff, the victim of defendant debtor's misrepresentations, brought an adversary complaint against debtor, the president of a construction company, pursuant to 11 U.S.C. § 523(a)(2)(A). The matter was before the court for decision.
Ruling: 
Debt was deemed nondischargeable due to the debtor's intent to defraud.
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Merritt v. Rizzo (In re Rizzo)

In defendant debtor's chapter 11 proceeding, plaintiff creditor filed an adversary complaint against the debtor alleging that the state court defamation judgment the creditor had obtained against the debtor was non-dischargeable under 11 U.S.C. § 523(a)(6). The matter was tried before the court.
Ruling: 
Court held that a defamation judgment against the debtor was dischargeable since the debtor believed the debtor's statement was true and thus did not inflict a willful and malicious injury.
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In re Slocum Lake Drainage Dist.

The debtor, a county drainage district located in the State of Illinois petitioned for bankruptcy relief pursuant to chapter 9. The movant creditor sought dismissal of the petition pursuant to 11 U.S.C. § 921(c), because it contended that the debtor was not authorized under Illinois law to file a petition under chapter 9, as required by 11 U.S.C. § 109(c)(2).
Ruling: 
Debtor's case was dismissed since the debtor was not authorized under Illinois law to file a petition under chapter 9.
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In re Habash

Appellant creditor filed an adversary complaint to revoke appellee debtor's chapter 7 discharge in the bankruptcy court. The bankruptcy court dismissed the complaint with prejudice and the creditor appealed.
Ruling: 
Proceeding for revocation of discharge properly dismissed as untimely where creditor should have been capable of filing within time limits.
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In re Issaac

The debtor's chapter 13 plan proposed to satisfy a balloon payment on her mortgage in full, on or before the payment's due date, by way of a refinance or sale of her home. The plan further provided that if the balloon payment was not satisfied on or before its due date, the stay would automatically modify and the creditor would be allowed to pursue its remedies. The debtor moved for confirmation of her plan and the creditor objected.
Ruling: 
Debtor's proposed chapter 13 plan was denied confirmation since the partial liquidation plan was too speculative to be feasible.
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In re Kreisler

The creditor filed a motion to have its secured claim deemed allowed. The trustee objected to the claim.
Ruling: 
Creditor's secured claim was deemed allowed but subject to equitable subordination due to creditor insider's inequitable conduct.
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Conseco Inc. v. Schwartz (In re Conseco Inc.)

Plaintiff, a corporation newly formed to act as the chapter 11 reorganized debtor, filed a motion in its adversary proceeding against defendant litigants, seeking pursuant to 11 U.S.C. § 524 to enforce the discharge injunction and a related injunction contained in the debtor's confirmed plan of reorganization and the confirmation order.
Ruling: 
Discharge and plan injunctions did not bar class action since the insurance contracts at issue in the action were executory contracts that debtor was obligated to perform after discharge.
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In re Brown

Chapter 13 trustee filed a motion for a modification of debtor's confirmed plan to raise the monthly plan payments, on the grounds that his disposable income significantly increased following plan confirmation. Trustee also sought to require debtor to apply the proceeds of a post-confirmation refinancing of his residence as an additional lump sum plan payment.
Ruling: 
Code's good faith requirement warranted granting trustee's motion to amend debtor's confirmed chapter 13 plan due to increase in available income.
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