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northern district of illinois

Giannini, In re

Ruling
Court could not confirm debtor's Chapter 13 plan as debtor did not establish that she would beable to make all the payments under the plan. (Bankr. N.D. Ill.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Debtor's Ability to Comply with

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Consumer opinion summary, case decided on July 27, 2022 , LexisNexis #0922-098

Fixler, In re--BCL-Home Rehab LLC v. Fixler

Ruling
Company's complaint failed to state a claim as to the business losses as the losses were not adebt for money, services, credit, or property obtained by fraud. (Bankr. N.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on July 22, 2022 , LexisNexis #0922-035

Channel Clarity Holdings LLC, In re

Ruling
Plan of reorganization was not confirmable as the language proposed by the debtor offered nospecific protections for unsecured creditors when debtors elected to proceed under subchapterV. (Bankr. N.D. Ill.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on July 19, 2022 , LexisNexis #1122-021

Sharif, In re

Ruling
Trustee's motion to sell debtor's residence was granted as the sale of the property would notcause irreparable harm to the debtor and his family. (Bankr. N.D. Ill.)
Issue(s)
Use, Sale, or Lease of Property.

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Consumer opinion summary, case decided on July 19, 2022 , LexisNexis #1022-005

Sorensen, In re

Ruling
Creditor’s and counsel’s knowing attempts to collect previously discharged unsecured debtsviolated the discharge injunction. (Bankr. N.D. Ill.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on July 13, 2022 , LexisNexis #0822-090

Hall, In re

Ruling
Case ordered converted from Chapter 11 to Chapter 7 as debtor had failed to pay U.S. Trusteefees and recent monthly operating reports showed expenses vastly exceeded any income,profits or new money. (Bankr. N.D. Ill.)
Issue(s)
Conversion or Dismissal.

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Consumer opinion summary, case decided on July 06, 2022 , LexisNexis #0822-096

Liss, In re

Ruling
Creditor's judgment lien was avoided as it impaired the debtor's homestead exemption in thesubject property. (Bankr. N.D. Ill.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance; Judicial Liens.

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Consumer opinion summary, case decided on July 05, 2022 , LexisNexis #0922-034

Tolbert, In re--Tolbert v. United States Dep't of Educ.

Ruling
Debtor's student loan consolidation created a new post-petition loan that was no longereligible for discharge. (Bankr. N.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on June 13, 2022 , LexisNexis #0822-010

Nat'l Tractor Parts, Inc., In re

Ruling
Chapter 11 debtor could not modify confirmed Subchapter V plan that was substantiallyconsummated. (Bankr. N.D. Ill.)
Issue(s)
Modification After Confirmation.

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Commercial opinion summary, case decided on June 06, 2022 , LexisNexis #0722-096

318 Retail, LLC, In re

Ruling
State court-appointed receiver was not allowed to answer or contest involuntary bankruptcypetition as debtor failed to file an answer that supported allowing the state court-appointedreceiver to intervene and seek dismissal. (Bankr. N.D. Ill.)

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Commercial opinion summary, case decided on May 27, 2022 , LexisNexis #0722-076