- 11 U.S.C.
In re Olde Prairie Block Owner LLC
Oct
29
2010
Ruling
Relief from stay denied in light of adequate protection.
Procedural posture
Debtor LLC filed a petition under chapter 11, and a creditor filed a motion to dismiss the debtor's case or, in the alternative, for an order granting the creditor relief from the stay that was imposed pursuant to 11 U.S.C.S. § 362 when the debtor declared bankruptcy.
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Court
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- 11 U.S.C.
In re Lewis
Sep
23
2010
Ruling
Case dismissed where debtor's domicile, residence and principal place of business were in another state.
Procedural posture
The State of Colorado objected to a chapter 13 debtor's plan on the ground that venue in Illinois was not proper under 28 U.S.C.S. § 1408.
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Court
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Hunt v. ONeal (In re ONeal)
Aug
13
2010
Ruling
Minor, immaterial and subsequently corrected misrepresentations were not grounds for denial of discharge.
Procedural posture
Creditor sought to deny chapter 7 debtor a discharge under 11 U.S.C.S. § 727(a)(3) (Count I), under 11 U.S.C.S. § 727(a)(5) (Count II), under 11 U.S.C.S. § 727(a)(4) (Count III). Judgment on Count II was entered in favor of the debtor after the creditor rested at trial.
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Court
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Redd v. Bank of America (In re Redd)
Jun
07
2010
Ruling
Wholly unsecured second lien could properly be stripped.
Procedural posture
In connection with a proposed chapter 13 plan, plaintiff debtor filed a complaint under 11 U.S.C.S. § 506(a) against defendant creditor, a bank that held two mortgage liens on debtor's residence, claiming that the second such lien was wholly unsecured due to a lack of equity in the collateral and was properly stripped. At issue was whether such treatment was proper.
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Court
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In re Wilke
May
20
2010
Ruling
Stay retroactively annulled to allow condominium association to enforce order for possession where debtor and prior owner cooperated in hindering association's efforts to collect.
Procedural posture
A chapter 13 debtor filed a motion against a condominium association for a wilful violation of the automatic stay under 11 U.S.C.S. § 362(k), the association filed a motion under 11 U.S.C.S. § 362(d) to modify and annul the automatic stay.
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Court
:
- 11 U.S.C.
Raymond Profl Group Inc. v. William A. Pope Co. (Raymond Profl Group Inc.)
May
20
2010
Ruling
Prepetition arbitration award was not an avoidable transfer.
Procedural posture
In Counts II through V, debtors were co-plaintiffs. They sought to obtain funds in an account that was adjudicated post-bankruptcy in Count VI to belong to defendant subcontractor. Count II was brought under 11 U.S.C.S. § 544. Count III was brought under 11 U.S.C.S. § 547. Count IV was brought under 11 U.S.C.S. § 548. Count V was brought under 11 U.S.C.S. § 502(d). Judgment was pending on Counts II through V.
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Court
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In re Thompson
Mar
19
2010
Ruling
Debtor allowed actual damages as sanctions for creditor's willful violation of stay by failing to return repossessed vehicle.
Procedural posture
In a chapter 13 bankruptcy case, debtor moved for sanctions under 11 U.S.C.S. § 362(k), alleging that a creditor willfully violated the automatic stay under § 362(a)(3) by failing to return a repossessed car. The motion was denied, but that decision was reversed on appeal. Remand was ordered for determination of whether sanctions were warranted for failure to return the car.
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Court
:
- 11 U.S.C.
Murray v. US Bank (In re Murray)
Mar
11
2010
Ruling
Third mortgage lien on debtor's residence avoided as wholly unsecured.
Procedural posture
Plaintiff debtor brought an adversary proceeding against defendant, holder of a subordinate mortgage lien. The matter before the court was a core proceeding under 28 U.S.C.S. § 157(b)(2)(k) to determine the validity of a lien and was a proceeding to value defendant's claim under Fed. R. Bankr. P. 3012. The matter was before the court for decision.
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Court
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In re Xechem Intl Inc.
Feb
26
2010
Ruling
Creditor given leave to file late amendment to late proof of claim, but not to add personal property claim.
Procedural posture
In a debtor's chapter 11 bankruptcy case, the debtor and the committee of unsecured creditors objected to a creditor's claim. The creditor moved to deem his claim timely filed and to amend his claim.
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Court
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In re McKenith
Feb
02
2010
Ruling
Relief from stay granted where debtor's extended right of redemption had expired.
Procedural posture
A creditor filed a motion for relief from the automatic stay so that it could enforce its rights to property of a chapter 13 debtor that had been sold prior to the bankruptcy. The debtor alleged that the time for her to exercise her state law right of redemption under 735 ILCS 5/15- 1604(a) had been extended by 11 U.S.C.S. § 108 and that she could cure her default over the term of the chapter 13 plan.
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Court
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