- 11 U.S.C.
Paloian v. LaSalle Bank Natl Assn (In re Doctors Hosp. of Hyde Park)
Oct
04
2013
Ruling
Transfers to debtor's creditor by bankruptcy remote special purpose entity while debtor was not insolvent were not avoidable.
Issue(s)
On remand, was a special purpose entity which made transfers to debtor's creditor an alter ego of debtor and was debtor insolvent at the time of the transfers, which would make the transfers avoidable if both conditions were met.
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In re Brisco
Aug
21
2013
Ruling
Small Business Administration liens could be avoided where claim was provided for in plan.
Issue(s)
Could second mortgage held by the Small Business Administration, which did not file a proof of claim, be avoided pursuant to the terms of debtors' plan.
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- 11 U.S.C.
In re Ezell
Aug
07
2013
Ruling
Debtor's attorney ordered to disgorge fees due to conflict of interest.
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Arenas v. Citibank (In re Arenas)
Aug
06
2013
Ruling
Wholly unsecured second lien could be stripped off.
Issue(s)
Whether chapter 13 debtors were allowed to treat a second mortgage a bank held on their residence as an unsecured claim in their bankruptcy plan.
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Hardwick v. Bank of Am. (In re Hardwick)
Jun
21
2013
Ruling
Creditor's second line that was wholly unsecured was void.
Procedural posture
Chapter 13 debtor filed an adversary complaint against defendant creditor to determine the validity of the creditor's lien on the debtor's real property.
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- 11 U.S.C.
Hernandez v. TCF Banking & Sav. (In re Hernandez)
May
10
2013
Ruling
Third wholly unsecured mortgage could be stripped off.
Procedural posture
Chapter 13 debtors filed an adversary complaint pursuant to 11 U.S.C.S. § 506(a) and (d) and Fed. R. Bankr. P. 3012 to determine the nature and extent of liens held by defendant bank and secured by the debtors' residence. The bankruptcy court held a trial.
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- 11 U.S.C.
Chicago Patrolmens Fed. Credit Union v. Daymon (In re Daymon)
Apr
02
2013
Ruling
Funds received from employer's tuition assistance program were an educational benefit and nondischargeable.
Procedural posture
Creditor, a credit union that had been defendant debtor's employer, instituted this adversary proceeding seeking determination of nondischargeability of debt against debtor under 11 U.S.C.S. § 523(a)(8). A trial was held.
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- 11 U.S.C.
Chriswell v. Alomari (In re Alomari)
Feb
14
2013
Ruling
Debtor's use of creditor's security deposit resulted in claim that was nondischargeable on grounds of embezzlement.
Procedural posture
Creditor filed a fourth amended complaint against chapter 7 debtors seeking a determination of nondischargeability of debt pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (a)(4).
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- 11 U.S.C.
Harris Trust & Savings Bank v. Gunsteen (In re Gunsteen)
Feb
08
2013
Ruling
Financial statement listing transferred asset did not render debt nondischargeable where creditor did not establish debtor had made the entry.
Procedural posture
Plaintiff bank sued defendant debtor on a claim that her obligation to the bank on a personal guaranty of a loan made to a business that she co-owned was nondischargeable per 11 U.S.C.S. § 523(a)(2)(B) on the ground that the loan had been obtained or renewed by fraud, false representation, false pretenses, and materially false writings including a 2009 financial statement.
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- 11 U.S.C.
FIA Card Servs. v. Galarza (In re Galarza)
Nov
30
2012
Ruling
Debt was nondischargeable due to creditor's prima facie claim to which debtor did not respond.
Procedural posture
Debtor filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code. Creditor timely filed a Complaint to Determine Dischargeability of Debt pursuant to 11 U.S.C.S. § 523(a)(2)(A). The matter was before the court for findings of fact and conclusions of law.
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