Southern District

Eggman v. Parker-Hannifin Corp. (In re PJM Enters. of Marion)

Chapter 7 trustee filed an adversary proceeding against defendant creditor, seeking a determination that a transfer a corporate debtor made to the creditor postpetition was avoidable under 11 U.S.C.S. § 549, and an order under 11 U.S.C.S. § 550 which required the creditor to repay the amount it received. The parties filed cross-motions for summary judgment.
Ruling: 
Postpetition payment of prepetition debt that was authorized by court prior to conversion from chapter 11 to chapter 7 was not avoidable.
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Commercial case opionion summary, case decided on January 12,2010, LexisNexis #0210-017

In re Gravermann

The chapter 7 debtors filed an amended Schedule C claiming an exemption in the proceeds of a lawsuit settlement under 735 ILCS 5/12-1001(h)(4) as a payment on account of personal bodily injury. The trustee objected.
Ruling: 
Amendment of schedules to claim exemption in personal injury case proceeds more than three years after petition date denied.
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Consumer case opionion summary, case decided on December 10,2009, LexisNexis #0110-137

In re Trupp

A bankruptcy debtor's chapter 13 plan not provide for full payment of pre- petition child support arrearages owed to both the debtor's former spouse and to a state agency. The state objected to confirmation of the debtor's plan on the ground that 11 U.S.C.S. § 1322(a)(2) required the debtor to pay both the obligation owed to the agency and the obligation owed to the spouse in full.
Ruling: 
Objection to confirmation of debtor's plan sustained on behalf of former spouse but overruled with regard to state support agency.
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Consumer case opionion summary, case decided on December 08,2009, LexisNexis #0110-064

Schaefer v. First National Bank

Plaintiff chapter 11 debtors filed an adversary proceeding against defendants, a bank and a committee of unsecured creditors, seeking a judgment determining the validity and priority of liens against real property they owned. The committee filed a crossclaim against the bank, seeking to avoid a mortgage under 11 U.S.C.S. § 548(a)(1)(B), which the debtors gave the bank.
Ruling: 
Constructively fraudulent mortgage avoided.
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Consumer case opionion summary, case decided on October 15,2009, LexisNexis #1109-055

In re Troutt

Debtors filed a petition under chapter 13 and a plan for repaying their creditors. A creditor filed a secured claim against the debtors' bankruptcy estate and objected to confirmation of the debtors' plan because the debtors' plan treated the creditor's claim as an unsecured claim. The creditor's objection was tried to the court.
Ruling: 
"Secured claim" for fixture that was not a "consumer good" under the UCC allowed as unsecured.
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Consumer case opionion summary, case decided on September 04,2009, LexisNexis #1009-076

In re Whitwell

A chapter 13 debtor sought confirmation of an amended plan that was funded in part by payments received from a structured personal injury settlement. A creditor objected to confirmation, arguing that the debtor had sold it the right to receive 180 of those structured settlement payments, and, therefore, the debtor proposed to use money he did not own to fund the plan.
Ruling: 
Confirmation denied where debtor proposed to fund plan with personal injury settlement payments and debtor had sold right to receive the payments to creditor annuity company.
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Consumer case opionion summary, case decided on July 30,2009, LexisNexis #0909-058

Taylor v. Taylor (In re Taylor)

In a chapter 7 bankruptcy proceeding, plaintiff creditor sought to have a $ 60,000 debt determined non-dischargeable under the provisions of 11 U.S.C.S. § 523, or , in the alternative, to have the debtor's discharge denied pursuant to the provisions of 11 U.S.C.S. § 727. The court's initial action should be to determine whether the debtor was entitled to a discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A).
Ruling: 
Discharge denied due to debtor's material misrepresentations and omissions in schedules.
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Consumer case opionion summary, case decided on July 03,2009, LexisNexis #0809-017

In re Webb

A debtor filed an amended motion for sanctions for a willful violation of the automatic stay against a creditor, pursuant to 11 U.S.C.S. § 362. The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Debtor awarded damages and attorneys' fees for creditor's repeated postpetition collection efforts in violation of stay.
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Consumer case opionion summary, case decided on May 27,2009, LexisNexis #0709-041

In re Meyers

A debtor filed for chapter 7 relief. Pursuant to 11 U.S.C.S. § 541(a)(1), the chapter 7 trustee moved for turnover of the estate's portion of the debtor's tax refund. The debtor objected to the motion.
Ruling: 
Estate's portion of debtor's tax refund calculated using pro rata by days method.
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Consumer case opionion summary, case decided on March 24,2009, LexisNexis #0509-118

IndianaKentucky Regional Council of Carpenters Joint Apprenticeship & Training Comm. v. Kesler (In re Kesler)

Plaintiff apprenticeship and training trust fund sued defendant chapter 7 debtor, alleging that the educational assistance received by the debtor from the fund qualified as an educational loan, and thus, was exempt from discharge pursuant to 11 U.S.C.S. § 523(a)(8)(A).
Ruling: 
Debt owed to apprenticeship and training trust fund was a nondischargeable educational loan.
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Consumer case opionion summary, case decided on March 09,2009, LexisNexis #0509-016

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