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BMA Ventures, LLC v. Prillaman (In re Minton)

Ruling
Operating agreement was not an executory contract as debtor was not in managerial role in theLLC and whatever other obligations he may have had were not material. (Bankr. C.D. Ill.)
Issue(s)
Executory Contracts and Unexpired Leases.

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Consumer opinion summary, case decided on January 23, 2017 , LexisNexis #0217-080

Gargula v. Brown (In re Brown)

Ruling
Debtor eligible for discharge as court found that debtor's misstatements and omissions wereinnocent mistakes. (Bankr. C.D. Ill.)
Issue(s)
Discharge; Grounds for Denial; Fraud; Presentation of False Claim.

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Consumer opinion summary, case decided on December 29, 2016 , LexisNexis #0217-018

AmeriCash Loans, LLC v. Marquardt (In re Marquardt)

Ruling
Creditor was not entitled to recover on its default motion due to the lack of evidence to provedebtors' false representations. (Bankr. C.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on December 29, 2016 , LexisNexis #0217-007

VanDettum v. Wease (In re Wease)

Ruling
Default judgment not supported by evidence or findings of fact was dischargeable. (Bankr.C.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on November 28, 2016 , LexisNexis #1216-099

In re Ruebling

Ruling
Attorney ordered to disgorge fees due to filing case without obtaining signatures of debtorsand relying on poorly trained, unsupervised staff. (Bankr. C.D. Ill.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.

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Consumer opinion summary, case decided on November 18, 2016 , LexisNexis #1216-090

In re Sabbun

Ruling
Amended plan not approved by at least one class of impaired creditors could not be approved.(Bankr. C.D. Ill.)
Issue(s)
Could chapter 11 plan be confirmed where debtor failed to obtain the affirmative vote of a single impaired class of creditors?

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Consumer opinion summary, case decided on August 22, 2016 , LexisNexis #0916-062

In re Nogle

Ruling
Creditor’s motions for relief from the automatic stay did not constitute informal proofs ofclaim. (Bankr. C.D. Ill.)
Issue(s)
Allowance of Claims or Interests.

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Consumer opinion summary, case decided on July 20, 2016 , LexisNexis #1216-039

Henry v. Dept of Educ. (In re Henry)

Ruling
Seriously ill debtor was not entitled to an undue hardship discharge of student loan debt due to failure to maximize income, make good faith effort to repay or reduce spending.
Issue(s)
Was debtor entitled to an undue hardship discharge of student loan debt?

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Consumer opinion summary, case decided on July 05, 2016 , LexisNexis #0716-106

Richardson v. Green (In re THR & Assocs.)

Ruling
Trustee had standing to pursue fraudulent transfer proceeding to which federal and state liens did not attach.
Issue(s)
Did trustee have standing to pursue fraudulent transfer proceeding where any potential recovery allegedly would be encumbered by liens of the Internal Revenue Service and two state agencies?

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Commercial opinion summary, case decided on May 26, 2016 , LexisNexis #0616-095

In re Pearson Bros. Constr.

Ruling
Trustee granted maximum compensation as reasonable given efficiency and results.
Issue(s)
Should chapter 7 trustee's fee application requesting maximum possible compensation be approved?

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Commercial opinion summary, case decided on May 17, 2016 , LexisNexis #0616-036