The Southern District of Illinois offers a database of opinions. These opinions were entered between the period of 2/1987 and the present. To conduct a detailed search, enter a keyword or case number in the search box to the right.


Opinions can also be viewed via the U.S. GPO's Federal Digital System

Date Filedsort ascending Summary Case Number PDF

In re: Kimberly Clemons

Summary: Creditor holding undisputed mechanic's lien objected to debtor's claim of homestead exemption. Schedules showed value of both mortgage and mechanic's lien, independently, exceeded value of home. Objection sustained, as homestead exemption allows exemption only for debtor's "interest" in homestead property, and without equity, debtor held no interest under exemption statute.

12-40208 View

In re:  David B and Sheila V Fredman

Summary:  The United States Trustee challenged whether above-median chapter 7 debtors may deduct mortgage payments on real estate that they intend to surrender in performing the means test calculation called for by 11 U.S.C. § 707(b)(2)(A)(iii).  The Court found that a presumption of abuse arose in that debtors could not deduct, as “amounts scheduled as contractually due to secured creditors,” mortgage payments owing on a home that they proposed to surrender, on which they were not making any payments (as revealed by expenses listed on the bankruptcy schedules) and as to which they had not opposed a motion for stay relief filed by the mortgage holder.

11-40791 View

In re:  Dennis L and Minnie L Tucker

Summary:  The Trustee objected to the secured proof of claim of the Internal Revenue Service on the basis that the documentation accompanying the IRS claim was insufficient to establish that the IRS had a valid, perfected lien.  While the IRS attached a facsimile copy of the Notice of Federal Tax Lien to its claim, it did not include a copy of the actual recorded lien.  The Trustee argued that the claim was, therefore, insufficient under Federal Rule of Bankruptcy Procedure 3001(d).  The Trustee’s objection was overruled.

11-32756 View

In re: Michael D and Kristy M Austin

Summary: Debtors' plan proposed to pay their mortgage in its entirety over the life of the plan (60 months) at an interest rate lower than the contract rate. The mortgage was not scheduled to mature until roughly two years after plan completion. The mortgagee creditor also received wage assignments from debtors at the note's execution but which had expired prior to filing the petition. Debtors argued that creditor's claim was secured by more than a security interest in their principal residence, allowing for modification of the secured claim. Held: the point in time in which the court should judge a creditor's security interest is the date of filing the petition, not the date of the transaction. Creditor's objection to confirmation sustained.

11-41291 View

In re:  Christopher and Jolene Hurtte

Summary: No Summary Available

09-32585 View

In re:  Peoples National Bank NA v Cort and Lisa Jones, et al

Summary: No Summary Available

11-4050 View

In re:  Ranessa Rennaker v Nathan Pigg

Summary: No Summary Available

11-4017 View

In re: George and Effie Papdopoulos, et al v Paramjitinder S and Surinderjit K Dhillon

Summary: No Summary Available

10-41700 View

In re: George and Effie Papdopoulos, et al v Paramjitinder S and Surinderjit K Dhillon

Summary:  No Summary Available

11-4015 View

In re:  James F and Laurie L Shewmake

Summary:  No Summary Available

10-32582 View