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In re Quade

Aug
08
2013
Ruling
Conditional stay pending appeal issued to allow debtor to seek use of investment account funds on case by case basis.
Issue(s)
Whether creditor was entitled to a stay pending appeal of an order avoiding its lien in debtor's investment account.

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Consumer opinion summary, case decided on August 08, 2013 , LexisNexis #0913-033
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In re Bovino

Jul
26
2013
Ruling
Debtor could pay claim for delinquent taxes paid by others over the life of the proposed plan.
Issue(s)
Whether a bank that held a secured interest in real property a chapter 11 debtor owned established that there was "cause" to dismiss the debtor's case under 11 U.S.C.S. § 1112, or met its burden of showing that it was entitled under 11 U.S.C.S. § 362(d) to relief from the automatic stay.

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Consumer opinion summary, case decided on July 26, 2013 , LexisNexis #0813-098
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Brandt v. PlainsCapital Leasing LLC(In re Equipment Acquisition Res. Inc.)

Jun
06
2013
Ruling
Avoidance proceeding dismissed where evidence of alleged Ponzi scheme was insufficient to establish transfers as presumably fraudulent.
Procedural posture

Bankruptcy plan administrator brought adversary proceedings against transferees of funds from a bankruptcy debtor alleging that the transfers of funds were avoidable as fraudulent. The transferees moved to dismiss the complaints for failures to state claims.

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Commercial opinion summary, case decided on June 06, 2013 , LexisNexis #0713-093
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Fogel v. Shabat (In re Draiman)

Nov
27
2012
Ruling
Statute of limitations for avoidance proceedings ran from date interim trustee began service where trustee later became permanent.
Procedural posture

Chapter 7 trustee's complaint alleged causes of action under 11 U.S.C.S. §§ 547, 548, and various provisions of the Illinois Uniform Fraudulent Transfer Act. Before the court was defendants' motion to dismiss adversary complaint.

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Consumer opinion summary, case decided on November 27, 2012 , LexisNexis #1212-123
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In re Quade

Oct
11
2012
Ruling
Creditor granted relief from stay to the extent its liens were perfected.
Procedural posture

A creditor obtained a judgment against a bankruptcy debtor and asserted citation, garnishment, and turnover liens on funds and property of the debtor held by third parties, and claimed setoff of the judgment debt against royalties owed to the debtor. The creditor moved for relief from the automatic bankruptcy stay to enforce its lien and setoff rights.

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Consumer opinion summary, case decided on October 11, 2012 , LexisNexis #1112-043
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In re Briggs

Aug
30
2012
Ruling
Relief from stay granted due to debtor's filing petition as part of scheme to delay or hinder creditor.
Procedural posture

Before the court was the Motion for Relief from Stay and Motion To Dismiss (the "Motion") filed by movant creditor. Debtor filed a response in opposition.

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Consumer opinion summary, case decided on August 30, 2012 , LexisNexis #1212-076
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Chatz v. Alice Rhoads Living Trust Dated June 1, 2012 (In re Rhoads)

Jun
01
2012
Ruling
Court authorized trustee to sell the townhome the debtor owned with his wife free and clear of the wife's interest for the benefit of the estate. (Bankr. N.D. Ill.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.

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Consumer opinion summary, case decided on June 01, 2012 , LexisNexis #1017-036
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