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southern district of illinois

EEOC v. J.D. Streett & Co.

Oct
30
2006
Ruling
Debtor who failed to list EEOC cause of action in chapter 7 case barred from prosecuting action which was property of the estate.
Procedural posture

Plaintiff Equal Employment Opportunity Commission ("EEOC") filed a suit against defendant employer alleging that it engaged in unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964. Intervenor plaintiffs, five current and/or former female employees, intervened in the suit. The employer moved to dismiss employee four's claims pursuant to Fed. R. Civ. P. 12(b)(6) and also sought summary judgment as to her claims.

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opinion summary, case decided on October 30, 2006 , LexisNexis #1206-093
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United States v. Peel

Oct
02
2006
Ruling
Indictment on both bankruptcy fraud and obstruction of justice charges did not subject debtor to double jeopardy.
Procedural posture

Defendant filed a motion to dismiss, as multiplicitous, count 1 of the indictment that charged him with bankruptcy fraud in violation of 18 U.S.C. § 152(6) when count 2 charged defendant with obstruction of justice, in violation of 18 U.S.C. § 1512(c)(2).

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opinion summary, case decided on October 02, 2006 , LexisNexis #1006-139
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In re Fuller

Jun
21
2006
Ruling
Court withheld ruling on confirmation objection until it could determine if plan committed all of debtors'disposable income calculated under Form B22C rather than Schedule I.
Procedural posture

Before the court was the chapter 13 trustee's objection to confirmation of debtors'chapter 13 plan on the basis that the plan did not commit all of debtors'disposable income to the plan as required by 11 U.S.C. § 1325(b)(1)(B).

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opinion summary, case decided on June 21, 2006 , LexisNexis #0806-117
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Ranney v. IRS (In re Ranney)

Apr
20
2006
Ruling
Debtor's tax liability was deemed nondischargeable since the debtor did not sign or acknowledge the substituted tax return.
Procedural posture

Plaintiff debtor filed a complaint to determine the dischargeability of his income tax debt to defendant IRS, pursuant to 11 U.S.C. § 523(a)(1).

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opinion summary, case decided on April 20, 2006 , LexisNexis #0606-055
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In re Eichhorn

Feb
28
2006
Ruling
Court ruled that a trustee could not use property transfer avoidance powers against a claimed exemption in real estate held in tenancy by the entirety by joint debtors.
Procedural posture

Respondent debtors, who filed a joint petition seeking relief under chapter 7, claimed an exemption in real estate held in tenancy by the entirety. Movant trustee opposed the exemption.

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opinion summary, case decided on February 28, 2006 , LexisNexis #0306-093
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Grandy v. Sanders (In re Smith)

Jan
10
2006
Ruling
Transfer of real estate was avoided since the transferee had not perfected via filing a quitclaim deed until after filing and such filing was not authorized by the court.
Procedural posture

Plaintiff, the chapter 7 trustee, brought an action against defendant transferee to avoid the transfer of certain real estate by debtor to the transferee as an unauthorized postpetition transfer pursuant to 11 U.S.C. § 549, , in the alternative, as an avoidable preference pursuant to 11 U.S.C. § 547(b). The matter was before the court for decision.

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opinion summary, case decided on January 10, 2006 , LexisNexis #0206-080
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