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7th circuit

Unique Fitness Concepts, LLC, In re

Ruling
Counsel's request for fees disallowed in part as a ten percent penalty for "lumping." (Bankr. N.D. Ill.)
Issue(s)
Compensation of Officers.

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Commercial opinion summary, case decided on September 25, 2024 , LexisNexis #1224-026

Thomas Orthodontics, S.C., In re

Ruling
Creditor's failure to return ballot cannot be deemed acceptance of a Chapter 11 plan. (Bankr. E.D. Wis.)
Issue(s)
Acceptance of Plan.

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Consumer opinion summary, case decided on September 25, 2024 , LexisNexis #1224-015

Salinas, In re

Ruling
Bankruptcy trustee failed to meet his burden of proving that there were circumstances to warrant a modification of the bankruptcy plan based on the debtor's post-confirmation personal injury lawsuit. (Bankr. N.D. Ill.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.

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Consumer opinion summary, case decided on September 23, 2024 , LexisNexis #1224-049

Riegle, In re

Ruling
Creditor was entitled to have its debt declared nondischargeable as it was based on a state court judgment where debtor was found liable for embezzling and punitive damages. (Bankr. C.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on September 11, 2024 , LexisNexis #1124-060

Luca, In re--North Vector, LLC v. Luca

Ruling
Debt was nondischargeable where creditor justifiably relied on debtor's statements and had continued to handle shipments while creditor's debt built up. (Bankr. N.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Commercial opinion summary, case decided on September 10, 2024 , LexisNexis #1224-005

Spiegel, In re

Ruling
Confirmation denied where debtor's treatment of the entirety of his assets, including financial information relevant to creditors' decisions to object or accept the plan, was either incomplete or missing entirely. (Bankr. N.D. Ill.)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on September 05, 2024 , LexisNexis #1124-067

Henderson Int'l Land, In re

Ruling
Lack of good faith in filing bankruptcy petitions for multiple entities warranted dismissal. (Bankr. D. Nev.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on September 04, 2024 , LexisNexis #1124-066

Seidling, In re--Block v. Seidling

Ruling
Agreement that did not identify a grantor or settlor was not reliable evidence of the creation or existence of an identifiable and valid trust. (Bankr. W.D. Wis.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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Consumer opinion summary, case decided on August 23, 2024 , LexisNexis #1124-013

Kumm, In re

Ruling
It was not required to reopen debtor’s case to determine if student loan debt had beendischarged. (Bankr. E.D. Wis.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on August 23, 2024 , LexisNexis #1124-012

Anderson, In re

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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Consumer opinion summary, case decided on August 19, 2024 , LexisNexis #1124-016