- 11 U.S.C.
Newberry v. United States (In re Newberry)
Feb
19
2013
Ruling
Seizure of tax refund was a proper offset but violated stay.
Procedural posture
Plaintiff debtor sued defendants, departments of the federal government, for a judgment that seizure of debtor's federal tax refund on account of an outstanding and unpaid mortgage deficiency judgment against plaintiff and her ex-husband was an improper offset per 11 U.S.C.S. § 553, that the action violated the automatic stay in 11 U.S.C.S. § 362, that she was entitled to orders turning that amount over to her and awarding § 362(k) damages
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Court
:
- 11 U.S.C.
Bruegge v. Farmers State Bank of Hoffman (In re Klasi Props. LLC)
Jan
18
2013
Ruling
Trustee could not avoid mortgage with terms that provided sufficient notice of bank's interest.
Procedural posture
Plaintiff chapter 7 Trustee filed a complaint pursuant to 11 U.S.C.S. § 544(a)(3) and § 11 (765 ILCS 5/11) of the Illinois Conveyances Act seeking to avoid defendant bank's mortgage. The complaint alleged that the mortgage was insufficient pursuant to Illinois law to provide constructive notice to a bona fide purchaser of the bank's interest and, therefore, could be avoided. Before the court were the parties' cross-motions for summary judgment.
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Court
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In re Nordike
Jan
04
2013
Ruling
Order modified to remove provisions for abandonment of property where original motion was not served on all creditors.
Procedural posture
Chapter 7 trustee and an unsecured creditor of the debtor filed a motion to modify a court order to remove any provisions of the order purporting to abandon certain real property from the bankruptcy estate pursuant to 11 U.S.C.S. § 554.
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Court
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In re Ross
Nov
26
2012
Ruling
Waiver of filing fee granted based on debtor's net income.
Procedural posture
A chapter 7 trustee objected to the debtor's application for a waiver of the filing fee under Fed. R. Bankr. P. 1006(c) and 28 U.S.C.S. § 1930(f).
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Court
:
- 11 U.S.C.
Muniz v. Bozorgzadeh (In re Bozorgzadeh)
Jul
10
2012
Ruling
State court judgment under Uniform Fraudulent Transfer Act was sufficient basis for finding of nondischargeability.
Procedural posture
Creditor moved for summary judgment on his amended complaint brought against defendant debtors pursuant to 11 U.S.C.S. § 523(a)(2)(A) (Count I) and 11 U.S.C.S. § 523(a)(6) (Count II).
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Court
:
- 11 U.S.C.
In re Austin
Apr
19
2012
Ruling
Claim secured only by mortgage on debtor's primary residence on petition date could not be modified.
Procedural posture
This matter came before the court on a creditor's Objection to Amended Plan. The creditor objected to the treatment of its mortgage in debtors' plan.
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Court
:
- 11 U.S.C.
In re Hurtte
Feb
21
2012
Ruling
Trustee's objection to modified plan overruled due to failure to object to original plan on same basis.
Procedural posture
Before the court was the chapter 13 trustee's First Amended Objection to debtors' Amended Plan #2. The Trustee objected that Amended Plan #2 was filed in bad faith.
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Court
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Rennaker v. Pigg (In re Pigg)
Aug
29
2011
Ruling
Debtor's former spouse's motion for revocation of discharge denied as time-barred.
Procedural posture
Plaintiff, a Chapter 7 debtor's ex-wife, filed an adversary proceeding against defendant debtor, her ex-husband, seeking an order holding the debtor in contempt for violating an order entered by a state court and the bankruptcy court, and asked the court to revoke the debtor's discharge pursuant to 11 U.S.C.S. § 727(d)(1) and (2). The debtor filed a motion to dismiss his ex-wife's complaint.
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Court
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In re Scott
Aug
09
2011
Ruling
Debtors could deduct full IRS transportation expense even though actual vehicle payments were less.
Procedural posture
Chapter 13 trustee objected to confirmation of the plans offered by debtors in three cases, claiming that the debtors were not paying all of their projected disposable income to unsecured creditors under the proposed plans, as required by 11 U.S.C.S. § 1325(b).
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Court
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Eagle v. Big Muddy River Correctional CenterIllinois Dept of Corrections (In re Eagle)
Jun
16
2011
Ruling
Correctional institution did not violate stay in its handling of debtor inmate's trust account.
Procedural posture
Plaintiff chapter 7 debtor, an inmate at defendant, correctional facility, alleged violations of the automatic stay, 11 U.S.C.S. § 362(a) and the discharge injunction of 11 U.S.C.S. § 524(a)(2), in its handling of his inmate's trust account. The facility moved for summary judgment on the debtor's claims.
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Court
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