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7th circuit

Nelsen, In re

Ruling
Court did not have general discretion to deny a Chapter 11 debtor's request to convert to Chapter 7 where the limited exceptions did not apply and bad faith was not present. (Bankr. N.D. Ill.)
Issue(s)
Conversion or Dismissal.

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Consumer opinion summary, case decided on February 20, 2025 , LexisNexis #0425-092

Aydt, In re

Ruling
Creditor failed to adduce evidence that would allow a reasonable fact-finder to conclude that debtor acted with knowledge or fraudulent intent in soliciting investments. (Bankr. E.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on January 24, 2025 , LexisNexis #0325-085

JCB Trucking Enters. LLC, In re

Ruling
Trustee is entitled to the turnover of estate property in case converted from Chapter 11 to Chapter 7. (Bankr. N.D. Ind.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.

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Commercial opinion summary, case decided on January 22, 2025 , LexisNexis #0325-089

Jones, In re

Ruling
Relief from stay was warranted as debtor lacked equity in the property as a tenant and failed to show the property was necessary for an effective reorganization. (Bankr. N.D. Ill.)
Issue(s)
Automatic Stay; Exceptions; Enforcement of Judgment of Possession of Residential Rental Property.

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Consumer opinion summary, case decided on January 22, 2025 , LexisNexis #0325-079

Conway, In re

Ruling
Debtors' standing to seek approval of settlement denied as the settlement was not in the common interests of creditors and did not maximize the estate for all creditors. (Bankr. W.D. Wis.)
Issue(s)
Compromise and Arbitration; Compromise.

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Consumer opinion summary, case decided on January 22, 2025 , LexisNexis #0325-075

Rhodes, In re

Ruling
Chapter 13 trustee’s objection to modification of amended plan proposing to pay post-petition, preconfirmation interest on a secured claim overruled. (Bankr. E.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.

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Consumer opinion summary, case decided on January 22, 2025 , LexisNexis #0325-073

Becker, In re--Goldman v. Becker

Ruling
Debt was dischargeable as jury's finding of deliberate indifference did not establish subjective intent to injure. (Bankr. E.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on January 22, 2025 , LexisNexis #0325-062

Hammond, In re

Ruling
Court determined that it requires the debtor to show the present value of future plan distributions to secured creditors, discounted to the effective date of the plan, is at least equal to the allowed amount of the secured claims. (Bankr. E.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.

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Consumer opinion summary, case decided on January 21, 2025 , LexisNexis #0325-097

Cooper, In re--Cooper v. Cooper

Ruling
Applying res judicata to bar creditor's non-dischargeability claims would undermine the bankruptcy court's core jurisdiction over such issues and Congressional intent to commit dischargeability determinations to the bankruptcy courts. (Bankr. N.D. Ill.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on January 21, 2025 , LexisNexis #0325-094

Reynoso Vineyards, Inc., In re

Ruling
Chapter 11 trustee appointed due to creditors’ lack of confidence in debtor’s ability to administer its case. (Bankr. N.D. Ill.)
Issue(s)
Appointment of Trustee or Examiner; Request by Party in Interest or United States Trustee.

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Commercial opinion summary, case decided on January 17, 2025 , LexisNexis #0325-069