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northern district of illinois

Covington, In re--Covington v. Illinois Am. Water Co.

Ruling
Debtor was awarded nominal damages for a water company's nonwillful violation of the discharge injunction. (Bankr. N.D. Ill.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

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Consumer opinion summary, case decided on May 19, 2023 , LexisNexis #0723-034

Palmieri, In re--Fogel v. Specialty Indus. II, LLC

Ruling
Trustee's complaint was not time-barred as the trustee could step into the shoes of the IRS to avoid the transfers. (Bankr. N.D. Ill.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of Trustee’s Avoidance Powers.

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Consumer opinion summary, case decided on May 15, 2023 , LexisNexis #0723-038

Johnson, In re

Ruling
Trustee was required to disgorge statutory fees to the debtor as the trustee was not authorized to deduct the fees and pay herself her commission on cases dismissed prior to confirmation. (Bankr. N.D. Ill.)
Issue(s)
Payments; Plan Payments; Distribution or Return of Payments by Trustee.

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Consumer opinion summary, case decided on May 12, 2023 , LexisNexis #0723-022

Malmborg, In re

Ruling
Permissive abstention was appropriate as it was more efficient to have the state court determine liability and damages debtor owed to creditor before the bankruptcy court considered vacating the confirmation order. (Bankr. N.D. Ill.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.

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Consumer opinion summary, case decided on May 04, 2023 , LexisNexis #0623-097

Deroo, In re

Ruling
Debtor's motion to modify her confirmed plan was denied as the documents which the debtor filed did not support the expenses listed on amended Schedule J. (Bankr. N.D. Ill.)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on May 02, 2023 , LexisNexis #0623-098

Smylie Bros. Brewing Co., In re

Ruling
Trustee was not entitled to rejection of lease without proof of creditor's interest in the property. (Bankr. N.D. Ill.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.

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Commercial opinion summary, case decided on March 31, 2023 , LexisNexis #0623-029

Siner, In re

Ruling
Monetary obligations claimed by ex-wife were not in the nature of alimony, maintenance, or support and not entitled to priority. (Bankr. N.D. Ill.)
Issue(s)
Priorities; Order of Priorities.

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Consumer opinion summary, case decided on March 31, 2023 , LexisNexis #0523-084

NCW Props., LLC, In re--Stukes v. Argoudelis

Ruling
Transfer of debtor's assets to the defendant was fraudulent as debtor received less than a reasonably equivalent value for the defendant's interests and debtor was insolvent at the time of the transfer. (Bankr. N.D. Ill.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.

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Commercial opinion summary, case decided on March 24, 2023 , LexisNexis #0523-068

Collum, In re--Collum v. City of Chicago

Ruling
Dismissal of complaint seeking injunctive relief and damages for stay violation denied. (Bankr. N.D. Ill.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on March 22, 2023 , LexisNexis #0523-054

Spiegel, In re

Ruling
Application for allowance and payment of interim compensation and reimbursement of expenses of counsel to the official committee of unsecured creditors was granted as the motion was over 60 pages and provided much of the debtor's case history. (Bankr. N.D. Ill.)
Issue(s)
Interim Compensation.

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Consumer opinion summary, case decided on March 17, 2023 , LexisNexis #0523-030