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In re Sykes

Apr
06
2011
Ruling
Untimely proofs of claim disallowed on trustee's objection.
Procedural posture

In separate Chapter 13 cases, bankruptcy debtors failed to list creditors on their schedules, and the creditors filed proofs of claim after the bar date for filing such claims under Fed. R. Bankr. P. 3002. The trustee objected to allowance of the creditors' claims.

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Consumer opinion summary, case decided on April 06, 2011 , LexisNexis #0511-135
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In re King

Oct
20
2010
Ruling
Postconfirmation modification of above median debtors' plan was subject to 60-month term requirement.
Procedural posture

Debtors' Second Amended Plan had been confirmed in 2006. Before the court was debtors' Third Amended Plan. The Chapter 13 Trustee objected.

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Consumer opinion summary, case decided on October 20, 2010 , LexisNexis #1110-136
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In re Winkles

Jul
06
2010
Ruling
Unemployment compensation funds are not SSA payments and must be included in current monthly income calculation.
Procedural posture

The United States Trustee (UST) filed a motion to dismiss the chapter 7 debtors' case pursuant to 11 U.S.C.S. § 707(b)(1) and (b)(2). The sole issue was whether unemployment compensation benefits received from the State of Illinois prior to filing bankruptcy were benefits received under the Social Security Act (SSA) and therefore excluded from the current monthly income calculation under 11 U.S.C.S. § 101(10A)(B).

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Consumer opinion summary, case decided on July 06, 2010 , LexisNexis #1010-001
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In re Walker

May
24
2010
Ruling
Debt was dischargeable as tender of dishonored checks by debtors, sole shareholders, officers and directors of a corporation, was not a false representation.
Procedural posture

Plaintiff, a petroleum wholesaler, brought an adversary complaint against defendant debtors, the sole shareholders, officers, and directors of a corporation, seeking to deny the discharge of debts for dishonored corporate checks used to purchase fuel pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (B), and 523(a)(4).

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Consumer opinion summary, case decided on May 24, 2010 , LexisNexis #0810-117
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