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southern district of illinois

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

Guthery, In re

Ruling
Debtor could deduct the expense on her health insurance application when calculating herdisposable income because health insurance expense was "known or virtually certain" to beexpended. (Bankr. S.D. Ill.)
Issue(s)
Confirmation of Plan; Objections; Considerations on Objection By Trustee or

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Consumer opinion summary, case decided on September 09, 2020 , LexisNexis #1020-071

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

Lakeland Radiologists, Ltd., In re--Bruegge v. Aker

Ruling
Preference period transfers to make up for previously owed salary payments were avoidable. (Bankr. S.D. Ill.)
Issue(s)
Preferences; Avoidable Transfers.

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Commercial opinion summary, case decided on July 14, 2020 , LexisNexis #0820-064

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

McKay, In re

Ruling
Court sustained trustee's objection to debtor's amended Chapter 13 plan as it reduced theamount being paid on unsecured claims. (Bankr. S.D. Ill.)
Issue(s)
Debtor’s Transactions with Attorneys.

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Consumer opinion summary, case decided on July 22, 2019 , LexisNexis #0919-051

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

Finley, In re--Simon v. Finley

Ruling
Court denied trustee's complaint to revoke debtors' discharge where he failed to satisfy the requirement that he had no knowledge of the alleged fraud before entry of the discharge order. (Bankr. S.D. Ill.)
Issue(s)
Discharge; Full-Compliance Discharge.

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Consumer opinion summary, case decided on August 28, 2018 , LexisNexis #1018-056

Jones, In re

Ruling
Trustee's objection to confirmation was denied as it was not appropriate to intertwine consideration of attorney fees with the requirement that debtors pay either 100% of general unsecured claims or all of their disposable income. (Bankr. S.D. Ill.)
Issue(s)
Confirmation of Plan; Objections.

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Consumer opinion summary, case decided on April 26, 2018 , LexisNexis #0618-114