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Anderson, In re

Ruling
Raising of the affirmative defense of setoff by defendants in turnover proceeding did not violate the automatic stay. (Bankr. S.D. Ill.)
Issue(s)
Setoff.

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Consumer opinion summary, case decided on August 19, 2024 , LexisNexis #1124-016

Halwachs, In re

Ruling
Debtor's bankruptcy plan failed to satisfy the requirements of § 1325(b). (Bankr. S.D. Ill.)
Issue(s)
Confirmation of Plan; Objections.

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Consumer opinion summary, case decided on April 01, 2024 , LexisNexis #0624-020

Spencer, In re--Samson v. Sayers

Ruling
The Fair Debt Collection Practices Act was “applicable law” under which trustee could bring an avoidance action. (Bankr. S.D. Ill.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of Trustee’s Avoidance Powers; Trustee’s Avoidance Powers as Unsecured Creditor.

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Consumer opinion summary, case decided on March 17, 2023 , LexisNexis #0523-036

Spencer, In re--Samson v. Sayers

Ruling
The Fair Debt Collection Practices Act was “applicable law” under which trustee could bring an avoidance action. (Bankr. S.D. Ill.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of Trustee’s Avoidance Powers; Trustee’s Avoidance Powers as Unsecured Creditor.

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Consumer opinion summary, case decided on March 17, 2023 , LexisNexis #0523-036

Norrenberns Foods, Inc., In re

Ruling
Sale of debtor's assets was approved as it was in the best interests of the estate and thecreditors and provided the best chance for maintaining operations and jobs for the debtor'semployees. (Bankr. S.D. Ill.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any

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Commercial opinion summary, case decided on July 08, 2022 , LexisNexis #0822-081

Lash, In re

Ruling
Any bad faith by debtors was exacerbated by the actions of their counsel and wasinsufficient to support a draconian sanction such as dismissal of their Chapter 13 case withprejudice. (Bankr. S.D. Ill.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.

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Consumer opinion summary, case decided on February 17, 2021 , LexisNexis #0321-094

Pike, In re

Ruling
Pre-petition obligations became claims against the debtor's estate upon a post-dischargeconversion from Chapter 7 to Chapter 13. (Bankr. S.D. Ill.)
Issue(s)
Conversion; By the Debtor.

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Consumer opinion summary, case decided on August 07, 2020 , LexisNexis #0920-092

Bridges, In re

Ruling
Debtor, whose Chapter 13 plan was not yet confirmed, did not qualify under CARES Actprovision to modify her plan to include a term beyond five years. (Bankr. S.D. Ill.)
Issue(s)
Modification of Plan After Confirmation; Plans Confirmed Prior to COVID-19

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Consumer opinion summary, case decided on July 30, 2020 , LexisNexis #0920-048

Steiner, In re

Ruling
Debtor's student loans were properly treated as consumer debts where there was no businessor non-consumer purpose for incurring the loans. (Bankr. S.D. Ill.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

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Consumer opinion summary, case decided on January 29, 2020 , LexisNexis #0320-071

Delagrange, In re--Gargula v. Delagrange

Ruling
Court denied debtor's discharge as the debtor persistently failed to cooperate with the trustee and has blatantly flouted the requirements of the bankruptcy code and orders of the court. (Bankr. S.D. Ill.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on September 14, 2018 , LexisNexis #1018-106