- 11 U.S.C.
Anderson, In re
Aug
19
2024
Ruling
Raising of the affirmative defense of setoff by defendants in turnover proceeding did not violate the automatic stay. (Bankr. S.D. Ill.)
Issue(s)
Setoff.
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Halwachs, In re
Apr
01
2024
Ruling
Debtor's bankruptcy plan failed to satisfy the requirements of § 1325(b). (Bankr. S.D. Ill.)
Issue(s)
Confirmation of Plan; Objections.
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Court
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- 11 U.S.C.
Spencer, In re--Samson v. Sayers
Mar
17
2023
Ruling
The Fair Debt Collection Practices Act was “applicable law” under which trustee could bring an avoidance action. (Bankr. S.D. Ill.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of Trustee’s Avoidance Powers; Trustee’s Avoidance Powers as Unsecured Creditor.
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- 11 U.S.C.
Spencer, In re--Samson v. Sayers
Mar
17
2023
Ruling
The Fair Debt Collection Practices Act was “applicable law” under which trustee could bring an avoidance action. (Bankr. S.D. Ill.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of Trustee’s Avoidance Powers; Trustee’s Avoidance Powers as Unsecured Creditor.
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Court
:
- 11 U.S.C.
First to the Finish Kim & Mike Viano Sports, Inc., In re--Nike USA Inc. v. CNB Bank & Trust N.A.
Mar
09
2023
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.)
Issue(s)
Post-petition Transactions.
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- 11 U.S.C.
Ritter, In re
Feb
02
2023
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.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Acceptance of Plan.
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Norrenberns Foods, Inc., In re
Jul
08
2022
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.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any
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- 11 U.S.C.
McGee, In re
Jan
13
2022
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.)
Issue(s)
Debtor’s Duties; Required Acts; Filing.
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:
- 11 U.S.C.
Law, In re
Dec
29
2021
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.)
Issue(s)
Confirmation of Plan.
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Robinson, In re
Dec
01
2021
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.)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing; Notice to Creditor at Foreign
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