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7th circuit

Watchmen Sec. LLC, In re

Ruling
Debtor may not sell or otherwise transfer, prior to petition date, accounts receivable that do not come into existence until after the petition date as they are property of the bankruptcy estate. (Bankr. S.D. Ind.)
Issue(s)
Postpetition Effect of Security Interest; Property Acquired Postpetition Not Subject to Prepetition Lien.

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Commercial opinion summary, case decided on November 20, 2024 , LexisNexis #0225-022

Premier Glass Servs., LLC, In re

Ruling
Confirmation of Subchapter V plan denied as debtor did not propose a plan that was fair and equitable. (Bankr. N.D. Ill.)
Issue(s)
Confirmation of Plan; Exception.

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Commercial opinion summary, case decided on November 08, 2024 , LexisNexis #0125-066

Rohl, In re

Ruling
Debtor's share of sale proceeds paid to debtor's ex-wife as reimbursement for funds as down payment of their marital home was avoided as a fraudulent transfer as it was made at a time debtor was insolvent within two years of the bankruptcy. (Bankr. C.D. Ill.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.

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Consumer opinion summary, case decided on November 05, 2024 , LexisNexis #0125-060

Lang, In re

Ruling
Debtor was allowed to amend his schedules to disclose and exempt a personal injury claim he had failed to disclose or exempt on his initial bankruptcy schedules. (Bankr. E.D. Wis.)
Issue(s)
Amendments of Voluntary Petitions, Lists, Schedules and Statements; General Right to Amend.

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Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-050

Gauri, In re--Parent Petroleum. Inc. v. Gauri

Ruling
Summary judgment in proceeding for denial of discharge denied due to material issue of fact as to whether debtor willfully or intentionally violated case management procedures order. (Bankr. N.D. Ill.)
Issue(s)
Discharge; Grounds for Denial; Refusal to Obey Court Order; Any Lawful Order.

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Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-044

Humphrey, In re--Huebner v. Humphrey

Ruling
Debt related to debtor's intentional misrepresentation in sale of house was nondischargeable. (Bankr. E.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-038

Coakley, In re

Ruling
Motion to dismiss nondischargeability proceeding denied since the heightened pleading requirements of Fed. R. Civ. P. 9(b) were satisfied. (Bankr. N.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-034

Mims, In re

Ruling
Motion to dismiss proceeding for denial of discharge denied as the complaint sufficiently alleged claims regarding debtors’ failure to keep records or disclose information. (Bankr. E.D. Wis.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-012

Archdiocese of Milwaukee, In re

Ruling
State could not reopen case closed for more than eight years to gain access to records related to abuse claims where it opted out of most proceedings while the case was open. (Bankr. E.D. Wis.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-001

Gillin, In re--Gleason v. Gillin

Ruling
Debt was nondischargeable where court found that defendant's conduct in damaging artwork caused a willful and malicious injury. (Bankr. N.D. Ill.)
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 September 30, 2024 , LexisNexis #1224-061