- 11 U.S.C.
Villegas, In re
Jul
24
2017
Ruling
Court concluded that the non-exempt value of the postconfirmation personal injury settlement must be included in the best interests of creditors calculation. (Bankr. W.D. Wash.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No Less Than if Estate Were Liquidated.
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:
- 11 U.S.C.
Montiel, In re
Jun
28
2017
Ruling
Petition date deemed as the most logical point to use for determining whether a creditor wasa holder of a secured claim. (Bankr. W.D. Wash.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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:
Jaime, In re
Jun
19
2017
Ruling
Chapter 7 trustee's motion to approve compromise was granted as the trustee met his burden of demonstrating that the proposed settlement returned a value that was commensurate with the risk-adjusted value of the claims asserted in the complaint. (Bankr. N.D. Ill.)
Issue(s)
Compromise and Arbitration; Compromise.
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Court
:
- 11 U.S.C.
Emery v. Edrington (In re Emery)
Dec
20
2016
Ruling
Debtor's attempt to strip down lien could not be denied as owelty liens were not subject toanti-modification provision. (Bankr. W.D. Wash.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Ellis v. IPC (USA), Inc. (In re Pettit Oil Co.)
Nov
03
2016
Ruling
Transferee not entitled to recoupment where it lacked defense to trustee’s avoidance claim.(Bankr. W.D. Wash.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers.
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:
- 11 U.S.C.
In re T&A Holdings, LLC
Nov
02
2016
Ruling
Secured creditor could not reopen debtor’s bankruptcy case solely to seek dismissal. (Bankr.N.D. Ill.)
Issue(s)
Closing and Reopening Cases.
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:
- 11 U.S.C.
Ruter v. Schryver (In re Schryver)
Sep
28
2016
Ruling
Discharge denied due to misstatements and omissions in schedules. (Bankr. N.D. Ill.)
Issue(s)
Were debtor’s misstatements and omissions from schedules grounds for denial of discharge?
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Spohn v. Carney (In re Carney)
Sep
20
2016
Ruling
Objections to discharge overruled absent evidence that misrepresentations and omissionswere made with fraudulent intent. (Bankr. N.D. Ill.)
Issue(s)
Whether debtor should be denied a discharge for failing to list income received from property that he owns in connection business and for allegedly transferring assets to corporation with the intention of hindering, delaying and defrauding his cred
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In re Vista Mktg. Grp. Ltd.
Sep
12
2016
Ruling
Water reclamation district’s claim was extinguished by court-authorized sale. (Bankr. N.D. Ill.)
Issue(s)
Whether a charge imposed by the Rock River Water Reclamation District against the purchaser after the court-authorized sale was either solely a claim against debtor, or was an interest terminated by the sale under 11 U.S.C.S. § 363(f).
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:
- 11 U.S.C.
Waldron v. FDIC (In re Venture Fin. Grp. Inc.)
Sep
09
2016
Ruling
Tax refunds for debtor’s subsidiary paid to bank were avoidable preferences. (Bankr. W.D.Wash.)
Issue(s)
Were tax refunds property of the estate that could be recovered by trustee from transferees?
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