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Sorensen, In re

Ruling
Creditor’s and counsel’s knowing attempts to collect previously discharged unsecured debtsviolated the discharge injunction. (Bankr. N.D. Ill.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on July 13, 2022 , LexisNexis #0822-090

Mauriello, In re--Metrou v. Kaczor-Mauriello

Ruling
Transfer of loan proceeds in which debtor never had an interest to a non-creditor third partywas not fraudulent. (Bankr. N.D. Ill.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.

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Consumer opinion summary, case decided on April 27, 2022 , LexisNexis #0622-091

Alcantar, In re

Ruling
Debtor's motion to convert from Chapter 7 to Chapter 13 was denied because the debtor couldnot qualify for conversion unless the discharge order was vacated. (Bankr. N.D. Ill.)
Issue(s)
Conversion; By the Debtor.

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Consumer opinion summary, case decided on September 10, 2021 , LexisNexis #1021-094

Wildeman, In re

Ruling
State taxes penalties were excepted from discharge and could be collected. (Bankr. N.D. Ill.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

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Consumer opinion summary, case decided on March 03, 2021 , LexisNexis #0421-062

Cline, In re--Helber v. Cline

Ruling
Chapter 7 trustee's motion to compel turnover of proceeds from debtors' pre-petition sale oftheir residence was denied as trustee failed to make a timely objection to the exemptionclaimed by debtors. (Bankr. N.D. Ill.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;

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Consumer opinion summary, case decided on April 01, 2020 , LexisNexis #0520-082

Cook, In re

Ruling
Sanctions were warranted where agency failed to establish proper reporting process that led toa consistent pattern of inaccurate filings. (Bankr. N.D. Ill.)
Issue(s)
Restrictions on Debtor Relief Agencies; Failure to Comply; Action by Bankruptcy

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Consumer opinion summary, case decided on December 17, 2019 , LexisNexis #0220-013

Vincze, In re--Harris v. Vincze

Ruling
Final judgment was deemed nondischargeable as debtor breached fiduciary duty and debtorwas able to control and did control the principal suffering from dementia. (Bankr. N.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 August 21, 2018 , LexisNexis #1018-013

Vincze, In re--Harris v. Vincze

Ruling
Final judgment was deemed nondischargeable as debtor breached fiduciary duty and debtorwas able to control and did control the principal suffering from dementia. (Bankr. N.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 August 21, 2018 , LexisNexis #1018-013

SoyNut Butter Co., In re

Ruling
Objecting parties were entitled to exercise their right to seek indemnification and defense under the insurance policy until the policy limits were exhausted as nothing authorized the trustee to use "free and clear" sales to expand debtor's rights beyond those allowed by the bankruptcy code. (Bankr. N.D. Ill.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any Interest.

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Commercial opinion summary, case decided on August 01, 2018 , LexisNexis #0918-040

Williams, In re

Ruling
Court sustained creditor's objection to confirmation as the plan proposed to pay the creditora lesser amount until debtor's attorney's fees were paid in full. (Bankr. N.D. Ill.)
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 April 10, 2018 , LexisNexis #0518-085