In re Baker, Bkr. CD Ill. 10-90073

Nov 28, 2012

OUTCOME: Order for Debtor denying Motion to Dismiss

Debtor prevailed on a motion to dismiss filed by the Chapter 13 Trustee pursuant to 1307(c) by showing that the Debtor did not engage in any unreasonable delay in tendering income tax returns and did n ... ot prejudice the creditors of the bankruptcy estate. http://scholar.google.com/scholar_case?case=1277960623228162870&q=%2210-90073%22&hl=en&as_sdt=2,14

Buddha Air Limited v. Zietlow (In re Zietlow) Case No. (Bankr. S.D. Ill. )

Jun 14, 2011

OUTCOME: Judgment for debtor

In a non-dischargeability action arising out of the breach of contract between creditor and debtor's corporation, Court held that creditor failed to pierce the corporate veil or allege misconduct on th ... e part of the debtor. http://scholar.google.com/scholar_case?case=12591223866492482880&q=%22richard+j.+zietlow%22&hl=en&as_sdt=2,14

Systems Development Services, Inc. v. Haarmann, 5-07-0648 (Ill. App. Ct. 2009)

Apr 13, 2009

OUTCOME: Reversed. Judgment for Defendants.

In re Hernandez, 388 B.R. 883 (Bankr. C.D. Ill. 2008)

Jun 09, 2008

OUTCOME: Judgment for debtor

In a case interpreting the "hanging paragraph" of Section 1325, the Court found that the 910 day rule did not apply because the "negative equity" from the financing of the trade-in vehicle did not cons ... titute purchase money security interest under Illinois law.

In re Byrd, 388 B.R. 875 (Bankr. C.D. Ill. 2007)

Mar 01, 2007

OUTCOME: Judgment for debtor

In a case interpreting Sections 523(a)(6) and 1328, Court allowed motion to dismiss objection to dischargeability of debt because the claim had not been reduced to a judgment,

In re Lock, 329 B.R. 856 (Bankr. S.D. Ill. 2005)

Jul 27, 2005

OUTCOME:

In a case interpreting Section 541, the Court ruled that Trustee is only entitled to the portion of the income tax refund attributable to the debtor's income. Any refund attributed to the wages of the ... non-filing spouse is not property of the bankruptcy estate.

In re T.P.S. Enterprises, Inc., 2004 Bankr.LEXIS 1306 (Bankr. S.D. Ill. August 31, 2004)

Aug 31, 2004

OUTCOME: Judgment for debtor

In a case interpreting excusable neglect and the deadline to file claims in a Chapter 11 (Rule 3003(c)(2)), the Court ruled that the IRS could not assert the defense of excusable neglect when it filed ... an untimely proof of claim for an unliquidated claim. The Court disallowed the claim in its entirety.

In re Patrick, 300 B.R. 915 (Bankr. S.D. Ill. 2003)

Oct 07, 2003

OUTCOME: Judgment for debtor.

In a case interpreting Section 524(a)(2), Court ruled that a Creditor has an affirmative duty to contact a debtor's attorney to seek additional information when a notice of bankruptcy does not match it ... s records.

Agribank v. Heiserman (In re Heiserman), 2002 Bankr. LEXIS 1032 (Bankr. C.D. Ill. July 8, 2002)

Jul 08, 2002

OUTCOME: Discharge denied.

In a case involving numerous grounds for denial of discharge pursuant to Section 727, the Court denied the discharge of the debtors due to their unjustifiable failure to file income tax returns.

Country Motors v. Smith, (Bankr. S.D. Ind.)

N/A

OUTCOME: Discharge denied. Judgment for Creditor

In an action brought against the former office manager of plaintiff, Court held that debtor committed fraud, larceny, embezzlement and defalcation while acting in a fiduciary capacity when she embezzle ... d a minivan from her employer's car lot. Court opined that this was the most dishonest debtor he witnessed during his 20 year tenure as bankruptcy judge.