Bankruptcy Court for the Southern District of Illinois Court Cases
In Re Nance (2007)In each of the above captioned cases, the Chapter 13 trustee objects to confirmation on the grounds that the proposed plan fails to use the proper methodology to calculate the debtors' projected disposable income and/or fails to provide for payment of all of the debtors' disposable income for a period of five years. This opinion examines 11 U.S.C. § 1325(b) and addresses: (1) how "projected disposable income" is to be calculated for purposes of § 1325(b)(1)(B); and (2) whether, for purposes [...]
Court: Bankruptcy Court for the Southern District of Illinois Docket: 06-41091, 06-41151, 06-40941, 06-41153, 06-31832
In Re Fuller (2006)
The trustee has objected to confirmation of the debtors' Chapter 13 plan, arguing that the plan does not commit all of the debtors' disposable income to the plan as required by 11 U.S.C. § 1325(b)(1)(B). The debtors filed their petition after October 17, 2005, the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPPA"). Thus the trustee's objection calls upon the Court to review and interpret § 1325 and related provisions under the new law.
Court: Bankruptcy Court for the Southern District of Illinois Docket: 06-30313
In Re Taylor (1997)
This matter is before the Court on cross-motions for summary judgment on Banterra Bank's Complaint to Determine Extent, Validity, and Priority of Liens. The issue before the Court is whether an agreement between the debtor and the defendant constitutes a "true lease" or whether it is, in fact, a disguised security agreement pursuant to § 1-201(37) of the Illinois Uniform Commercial Code.
Court: Bankruptcy Court for the Southern District of Illinois Docket: Bankruptcy No. 96-40204, Adversary No. 96-4084
In Re VanZant (1997)In this Chapter 7 proceeding, debtor Kimberly VanZant seeks to avoid a judicial lien under § 522(f)(1)(A) as impairing her Illinois homestead exemption. See 11 U.S.C. § 522(f)(1)(A) (1994). The debtor claims a $7,500 exemption in her residence, which is valued at $27,000 and is subject to a first mortgage of $22,123.77. Creditor Harold Pfifer has a judicial lien against the debtor's residence in the amount of $34,722.51. The debtor argues that since there is not sufficient equity in the [...]
Court: Bankruptcy Court for the Southern District of Illinois Docket: Bankruptcy No. 96-40889
In Re Eggemeyer (1987)
The debtor filed this action to compel the Internal Revenue Service (IRS) to turn over to him his 1985 federal income tax refund in the amount of $406.00. The debtor had previously filed a Chapter 7 bankruptcy petition on March 24, 1986. At that time, he was indebted to the United States (U.S.) for unpaid income taxes for tax year 1979 in the amount of $469.76 (tax), $83.47 (interest) and $864.35 (penalties).
Court: Bankruptcy Court for the Southern District of Illinois Docket: Bankruptcy No. BK 86-30316, Adv. No. 86-0261
In Re Lock (2005)In this case, the trustee seeks turnover of the debtor's 2004 tax refund, which the trustee contends is property of the estate. The debtor objects that his interest in the tax refund, and thus the estate's interest, is limited to one-half of the total refund, because the other half of the refund belongs to his wife, who is not a debtor in this case. In response, the trustee contends that the debtor's wife, who made no income and paid no taxes in 2004, is not entitled to any portion of the tax [...]
Court: Bankruptcy Court for the Southern District of Illinois Docket: 04-60906
In Re Messamore (2000)The trustee in this case seeks to avoid, as a preference, the lien of Anna National Bank ("Anna Bank") on the debtors' mobile home. Anna Bank's lien, taken to refinance the debtors' obligation to another creditor, Green Point Credit ("Green Point"), was not perfected for more than two months following the parties' transaction because of a delay in obtaining the mobile home title showing a release of Green Point's lien. The trustee contends that, as a result, the debtors' obligation to Anna Bank [...]
Court: Bankruptcy Court for the Southern District of Illinois Docket: Bankruptcy No. 99-41688. Adversary No. 99-4113
In Re Smith (1995)The Chapter 7 trustee filed this adversary proceeding to recover property held by a limited partnership formed by debtor, Jacqueline Smith, and her brother, Lawrence Prokopf. Count I of the trustee's amended complaint seeks to avoid as a fraudulent conveyance the debtor's transfer of property to the limited partnership, known as the Prokopf Family Partnership. Count II of the complaint, which is at issue in this proceeding, seeks to dissolve the limited partnership pursuant to Illinois law [...]
Court: Bankruptcy Court for the Southern District of Illinois Docket: Bankruptcy No. 92-30515, Adv. No. 94-3013
In Re Bequette (1995)Chapter 13 debtors, William and Debra Bequette, failed to pay their 1989 real estate taxes on two parcels of property owned by them in St. Clair County, Illinois. One parcel was improved with a mobile home, while the adjacent parcel was vacant. The mobile home was subject to a lien in favor of Mercantile Bank of St. Louis N.A. ("Bank"), which was perfected by notation on the mobile home's certificate of title. On January 16, 1991, the St. Clair County Collector sold the debtors' property to the [...]
Court: Bankruptcy Court for the Southern District of Illinois Docket: Bankruptcy No. 93-31018. Adv. No. 94-3109
In Re Barrett (2007)The debtor in this case filed a petition for relief under chapter 13 on January 16, 2007. In her chapter 13 plan, she proposes to pay the trustee $579.82 per month for sixty months, which would allow the trustee to pay general unsecured creditors a pro rata share of approximately 22%. As reflected on schedule I, the debtor does not have any dependents. The parties agree that the debtor has current monthly income that exceeds the median family income for a one-person household in Illinois.
Court: Bankruptcy Court for the Southern District of Illinois Docket: 07-40049
In Re Feher (1996)
This case presents the question of how the Court should apportion the proceeds of a policy of automobile collision insurance, made jointly payable to a chapter thirteen debtor and to a creditor with a "crammed down" security interest in the insured automobile, upon destruction of the automobile after confirmation.
Court: Bankruptcy Court for the Southern District of Illinois Docket: Bankruptcy No. 95-30444, Adversary No. 96-3133
In Re Bell (1996)The Chapter 13 cases under consideration present a common factual scenario. In each case, the debtor borrowed money prior to bankruptcy to purchase a vehicle and granted the creditor a security interest in the vehicle. The creditor's lien, however, was never recorded on the vehicle's certificate of title. The debtor then filed for relief under Chapter 13 of the Bankruptcy Code, and the Chapter 13 trustee brought an action under 11 U.S.C. § 544(a)(1) to avoid the lien as an unperfected security [...]
Court: Bankruptcy Court for the Southern District of Illinois Docket: Bankruptcy Nos. BK 95-31075, BK 95-31839, BK 95-31433, and BK 94-50869. Adv. Nos. 95-3148, 95-3265, 95-3223 and 95-5109
In Re Uly-Pak, Inc. (1991)
H. Keith Howard, the former president and chief executive officer of Uly-Pak, Inc., seeks payment of his claim for severance pay as an administrative expense entitled to priority. The trustee in Uly-Pak's bankruptcy case objects to Howard's claim.
Court: Bankruptcy Court for the Southern District of Illinois Docket: Bankruptcy No. 89-40188
In Re Tomer (1991)
The trustee has filed three adversary proceedings, consolidated here for purposes of opinion, to recover insurance and securities commissions which she contends are property of the estate under the provisions of contracts existing between the debtor and the defendant companies at the time of the debtor's bankruptcy filing. Debtor J. Lloyd Tomer was, and continues to be, an agent selling policies of insurance and securities on behalf of the defendant companies.
Court: Bankruptcy Court for the Southern District of Illinois Docket: Bankruptcy No. BK 89-40634, Adv. Nos. 90-0043 to 90-0045
In Re Smith (2001)
The debtor in this case seeks to modify her confirmed Chapter 13 plan to surrender a vehicle securing the claim of General Motors Acceptance Corporation ("GMAC") and pay the deficiency following sale of the vehicle as an unsecured claim. GMAC objects, asserting that the proposed modification would reclassify its claim from secured to unsecured in violation 11 U.S.C. § 1329 governing post-confirmation modification.
Court: Bankruptcy Court for the Southern District of Illinois Docket: 99-41965
In Re Rigdon (1991)After the death of their fourteen-year-old son, debtors Gale and Karen Rigdon filed a wrongful death action in Jackson County, Illinois, against David Slusher. The parties settled the matter, and on May 7, 1985, the court entered a "Final Settlement and Disbursement Order" approving the settlement. The order provided that Slusher would pay the debtors $142,000 in a structured settlement in exchange for the debtors' release of claims against him. After subtracting attorney's fees, the debtors [...]
Court: Bankruptcy Court for the Southern District of Illinois Docket: Bankruptcy No. 91-30281
In Re Coonce (1997)At issue in this case is whether the debtors' Chapter 13 plan which separately classifies student loan obligations as long-term indebtedness under § 1322(b)(5) "unfairly discriminates" against other unsecured claims in violation of § 1322(b)(1). Debtors Melvin and Pam Coonce have proposed a Chapter 13 plan which classifies their educational loan debts separately from other unsecured, nonpriority debts and provides for greater payment on these obligations than on the other unsecured debts. [...]
Court: Bankruptcy Court for the Southern District of Illinois Docket: Bankruptcy No. 97-30843
In Re King (2010)
This case presents the issue of whether debtors, who had above-median income at the time that their Chapter 13 petition was filed, may, post-confirmation, reduce their plan duration to a period of less than sixty months without also providing for full repayment to unsecured creditors.
Court: Bankruptcy Court for the Southern District of Illinois Docket: 05-37043
In Re Greer (1988)On February 15, 1984, plaintiffs Marian and Barbara Greer filed a bankruptcy petition under Chapter 11 of the Bankruptcy Code. Twelve days later, on February 27, 1984, Frank Magnin, County Collector of Perry County, Illinois (County), conducted a tax sale in which the 1982 taxes on plaintiffs' real estate were sold to defendants F.B. Trust, Belle-East and D.D. Ballinger. The County neither sought nor obtained relief from the automatic stay before conducting the tax sale. Subsequently, on [...]
Court: Bankruptcy Court for the Southern District of Illinois Docket: Bankruptcy No. BK 84-30084, Adv. No. 88-0053
In Re Feddersen (2006)
This matter came before the Court on DaimlerChrysler Financial Services Americas, L.L.C.'s, as successor in interest to DaimlerChrysler Services North America L.L.C., ("Daimler") Objection to Confirmation of Debtors Ronald L. Feddersen and " Karen L. Feddersen's ("Debtors") Chapter 13 plan (the "Plan"). The Court conducted a hearing on October 19, 2006, and having reviewed the parties' various submissions, now issues the following Order.
Court: Bankruptcy Court for the Southern District of Illinois Docket: 06-30088