Mar
17
2023
Spencer, In re--Samson v. Sayers
Ruling:
The Fair Debt Collection Practices Act was “applicable law” under which trustee could bring an avoidance action. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on March 17,2023, LexisNexis #0523-036
Mar
17
2023
Spencer, In re--Samson v. Sayers
Ruling:
The Fair Debt Collection Practices Act was “applicable law” under which trustee could bring an avoidance action. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on March 17,2023, LexisNexis #0523-036
Mar
09
2023
First to the Finish Kim & Mike Viano Sports, Inc., In re--Nike USA Inc. v. CNB Bank & Trust N.A.
Ruling:
Summary judgment granted in the bank's favor as recovery of a post-petition transfer were based on the allegations that the bank was not a secured creditor but because the bank was a secured creditor. (Bankr. S.D. Ill.)
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Commercial case opionion summary, case decided on March 09,2023, LexisNexis #0523-015
Feb
02
2023
Ritter, In re
Ruling:
Creditor accepted the second original plan and it could not object to a later version of the plan which did not change its rights. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on February 02,2023, LexisNexis #0423-018
Jul
08
2022
Norrenberns Foods, Inc., In re
Ruling:
Sale of debtor's assets was approved as it was in the best interests of the estate and thecreditors and provided the best chance for maintaining operations and jobs for the debtor'semployees. (Bankr. S.D. Ill.)
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Commercial case opionion summary, case decided on July 08,2022, LexisNexis #0822-081
Jan
13
2022
McGee, In re
Ruling:
Chapter 13 debtor could not be compelled by trustee to amend schedules and object to claimsthat were no longer part of the debtor's case following divorce. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on January 13,2022, LexisNexis #0322-008
Dec
29
2021
Law, In re
Ruling:
Debtor's Chapter 13 plan was confirmed as the pool for general unsecured creditors met therequirements of § 1325(a)(3). (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on December 29,2021, LexisNexis #0222-072
Dec
01
2021
Robinson, In re
Ruling:
Debtor could file a late proof of claim on behalf of the IRS to avoid potential prejudice todebtor if the IRS was not paid via the Chapter 13 plan. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on December 01,2021, LexisNexis #0122-074
Feb
17
2021
Lash, In re
Ruling:
Any bad faith by debtors was exacerbated by the actions of their counsel and wasinsufficient to support a draconian sanction such as dismissal of their Chapter 13 case withprejudice. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on February 17,2021, LexisNexis #0321-094
Sep
09
2020
Guthery, In re
Ruling:
Debtor could deduct the expense on her health insurance application when calculating herdisposable income because health insurance expense was "known or virtually certain" to beexpended. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on September 09,2020, LexisNexis #1020-071
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