Skip to main content

Page Banner(Taxonomy)

southern district of illinois

Blake, In re--First Fin. Bank, N.A. v. Blake

Ruling
Court found that debtors acquired contractual rights to payment under the ARC program at the time they signed the contracts. (Bankr. S.D. Ill.)
Issue(s)
Preferences; Perfection and Effectiveness; Acquisition of Rights by Debtor.

ABI Membership is required to access the full summary of Blake, In re--First Fin. Bank, N.A. v. Blake Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 06, 2018 , LexisNexis #0418-048

Blake, In re

Ruling
Court denied confirmation of debtors’ amended plan as it failed to pay a secured creditor the value of its claim as of the effective date of the plan. (Bankr. S.D. Ill.)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders.

ABI Membership is required to access the full summary of Blake, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 06, 2018 , LexisNexis #0418-052

Eubanks, In re

Ruling
Court overruled the trustee's objection to confirmation of the debtors' plan as the debtors were not required to pay the full amount of their monthly disposable income to the trustee. (Bankr. S.D. Ill.)
Issue(s)
Confirmation of Plan.

ABI Membership is required to access the full summary of Eubanks, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 16, 2018 , LexisNexis #0318-113

Garrett, In re

Ruling
Setoff was permissible as the right of setoff existed at the time the bankruptcy petition was filed. (Bankr. S.D. Ill.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.

ABI Membership is required to access the full summary of Garrett, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 21, 2017 , LexisNexis #1017-109

Koshinski, In re

Ruling
Creditor was free to file dischargeability complaint as there was no corresponding deadline for compalints filed under § 523(a)(3). (Bankr. S.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled.

ABI Membership is required to access the full summary of Koshinski, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 06, 2017 , LexisNexis #0717-046

Blake, In re

Ruling
Motion to use cash collateral was granted as the requirement that the cash collateral must be conditioned was met by debtors. (Bankr. S.D. Ill.)
Issue(s)
Use, Sale, or Lease of Property; Adequate Protection.

ABI Membership is required to access the full summary of Blake, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 08, 2017 , LexisNexis #0617-035

In re Hewitt

Ruling
Trustee's motion for turnover of voluntary separation incentive payments payable to thedebtor denied as the retirement pay was not a property of bankcruptcy estate. (Bankr. S.D. Ill.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Certain Postpetition Earnings.

ABI Membership is required to access the full summary of In re Hewitt Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 23, 2017 , LexisNexis #0217-090

In re Roehm

Ruling
Trustee's motion to modify chapter 13 plans denied as the debtors' prepayment of theirconfirmed plans did not justify a finding of cause to further amend their plans. (Bankr. S.D. Ill.)
Issue(s)
Modification of Plan After Confirmation.

ABI Membership is required to access the full summary of In re Roehm Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 08, 2016 , LexisNexis #0117-057

Deere & Co. v. Grabowski (In re Grabowski)

Ruling
Creditor's nondischargeability proceeding was time barred.
Issue(s)
Should creditor be allowed to file a late nondischargeability proceeding four months after it became aware of its claim?

ABI Membership is required to access the full summary of Deere & Co. v. Grabowski (In re Grabowski) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 16, 2016 , LexisNexis #0616-046

In re STC Inc.

Ruling
Plan confirmed over objection of creditor to separate classification of trade vendor claims.
Issue(s)
Should creditor be granted relief from stay in order to allow a pending state court action to proceed to allow final judgment to enter?

ABI Membership is required to access the full summary of In re STC Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 07, 2016 , LexisNexis #0516-033