Opinions

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 descending Summary Case Number PDF
08/29/2011

In re:  Ranessa Rennaker v Nathan Pigg

Summary: No Summary Available

11-4017 View
12/09/2011

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

Summary: No Summary Available

11-4050 View
02/21/2012

In re:  Christopher and Jolene Hurtte

Summary: No Summary Available

09-32585 View
04/19/2012

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
05/25/2012

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
05/31/2012

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
07/05/2012

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
07/06/2012

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

Summary: Plaintiffs filed a complaint objecting to the dischargeability of a debt under § 523(a)(6) (wrongful removal of equipment and damage to property) and objecting to discharge under §727(a)(3). Trial was held. Court found that the plaintiffs failed to meet their burden of proof. Judgment entered in favor of the debtors/defendants and against the plaintiffs.

11-4015 View
07/10/2012

In re: Javier Muniz v Shahriar S Bozorgzadeh, et al

Summary: The plaintiff moved for summary judgment on his complaint pursuant to 11 U.S.C. §§ 523(a)(2)(A) (actual fraud) and (a)(6) (willful and malicious injury). The plaintiff asserted that after a jury trial in the Illinois trial court, an appellate decision in his favor from the Illinois Court of Appeals, and a denial of certiorari by the Illinois Supreme Court, there were no genuine issues of material fact and that he was entitled to judgment as a matter of law. The Bankruptcy Court granted summary judgment for plaintiff under the doctrines of full faith and credit, collateral estoppel and law of the case. It held that the state court judgment was non-dischargeable in bankruptcy under 11 U.S.C. §§ 523(a)(2)(A) and (a)(6).

10-4046 View
08/17/2012

In re: Mike and Michele Vallino v Jeffrey and Angela Weeks

Summary:  Damages awarded pursuant to a state court trespass action were dischargeable pursuant to 11 U.S.C. § 523(a)(6) where plaintiffs failed to prove that the defendants intended the resulting injury. Pursuant to the Supreme Court’s ruling in Kawaauhau v. Geiger, 523 U.S. 57 (1988), recklessly or negligently inflicted injuries do not fall within the scope of § 523(a)(6). Even the commission of an intentional tort by the defendant is insufficient to declare a debt non-dischargeable absent a showing that the resulting injury was intended.

11-3348 View

Pages