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northern district of illinois

Montilla, In re

Ruling
Fees of Chapter 13 counsel allowed as an administrative expense claim after conversion toChapter 7. (Bankr. N.D. Ill.)
Issue(s)
Distribution of Property of the Estate; Pro Rata Payment within a Particular Class.

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Consumer opinion summary, case decided on October 12, 2022 , LexisNexis #0123-017

LB Steel, LLC, In re--Official Comm. of Unsecured Creditors of LB Steel, LLC v. Steelcast Ltd.

Ruling
Official committee of unsecured creditors could avoid the payments the debtor made todefendant in the 90 days leading up to the bankruptcy filing as the debtor was insolventduring the preference period. (Bankr. N.D. Ill.)
Issue(s)
Preferences; Avoidable Transfers.

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Commercial opinion summary, case decided on October 11, 2022 , LexisNexis #1222-063

Zambrano, In re

Ruling
Court required disgorgement of half of the fees for an attorney whose certifications wereknowingly not truthful. (Bankr. N.D. Ill.)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions; Untrue or Misleading

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Consumer opinion summary, case decided on October 07, 2022 , LexisNexis #1222-085

Klawitter, In re--Layng v. Klawitter

Ruling
Debtors were denied a discharge as evidence showed that both debtors intentionallytransferred or concealed property with the intent to hinder, delay or defraud creditors. (Bankr.N.D. Ill.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on September 30, 2022 , LexisNexis #1222-019

Nakhshin, In re

Ruling
Trustee had no right to sell properties as the right of survivorship operated as it would absentthe bankruptcy. (Bankr. N.D. Ill.)
Issue(s)
Use, Sale, or Lease of Property.

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Consumer opinion summary, case decided on September 28, 2022 , LexisNexis #1222-035

Williams, In re

Ruling
Debtor's motion to modify his confirmed plan and suspend his plan payments was denied as the requested modification was not made in good faith and was not feasible. (Bankr. N.D. Ill.)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on September 26, 2022 , LexisNexis #0823-021

Petti, In re--Asher v. Petti

Ruling
Debt was not nondischargeable as the creditor failed to show that the debtor made falserepresentations. (Bankr. N.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on August 31, 2022 , LexisNexis #1122-040

Javalera, In re--Stryjewski v. Javaler

Ruling
Creditor's personal injury claim was dischargeable because she failed to respond withevidence that debtors caused her child's injuries. (Bankr. N.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on August 31, 2022 , LexisNexis #1122-015

Cahill, In re

Ruling
Compelling a Chapter 7 trustee to act was appropriate to the extent of a request to compel thetrustee to provide information. (Bankr. N.D. Ill.)
Issue(s)
Duties of Trustee; Included Duties.

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Consumer opinion summary, case decided on August 15, 2022 , LexisNexis #1022-034

318 Retail, LLC, In re

Ruling
Abstention was not appropriate as maintaining the matter in bankruptcy court did notprejudice any party and was not an effort to forum shop. (Bankr. N.D. Ill.)
Issue(s)
Abstention; Dismissal or Suspension by the Court; Interests of Creditors and Debtor.

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Commercial opinion summary, case decided on July 28, 2022 , LexisNexis #0922-075