Southern District

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

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

Pike, In re

Ruling: 
Pre-petition obligations became claims against the debtor's estate upon a post-dischargeconversion from Chapter 7 to Chapter 13. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on August 07,2020, LexisNexis #0920-092

Bridges, In re

Ruling: 
Debtor, whose Chapter 13 plan was not yet confirmed, did not qualify under CARES Actprovision to modify her plan to include a term beyond five years. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on July 30,2020, LexisNexis #0920-048

Steiner, In re

Ruling: 
Debtor's student loans were properly treated as consumer debts where there was no businessor non-consumer purpose for incurring the loans. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on January 29,2020, LexisNexis #0320-071

McKay, In re

Ruling: 
Court sustained trustee's objection to debtor's amended Chapter 13 plan as it reduced theamount being paid on unsecured claims. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on July 22,2019, LexisNexis #0919-051

Delagrange, In re--Gargula v. Delagrange

Ruling: 
Court denied debtor's discharge as the debtor persistently failed to cooperate with the trustee and has blatantly flouted the requirements of the bankruptcy code and orders of the court. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-106

Finley, In re--Simon v. Finley

Ruling: 
Court denied trustee's complaint to revoke debtors' discharge where he failed to satisfy the requirement that he had no knowledge of the alleged fraud before entry of the discharge order. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on August 28,2018, LexisNexis #1018-056

Jones, In re

Ruling: 
Trustee's objection to confirmation was denied as it was not appropriate to intertwine consideration of attorney fees with the requirement that debtors pay either 100% of general unsecured claims or all of their disposable income. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on April 26,2018, LexisNexis #0618-114

Blake, In re--First Fin. Bank, N.A. v. Blake

Ruling: 
Court found that debtors acquired contractual rights to payment under the ARC program at the time they signed the contracts. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on March 06,2018, LexisNexis #0418-048

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