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Summary: 297 B.R. 556 (2003) In re Tom G. HEATH and Elaine Heath, Debtors. Conclusions of Law A review of the record of Debtors' bankruptcy proceeding, the First Amended Chapter 12 Plan of Reorganization, and *558 the Order confirmation that Plan, leads the Court to conclude that it is clear that the First Amended Chapter 12 Plan of Reorganization contemplated that there would be late fees and reasonable attorney's fees added to the principal and interest due on the claim of Creditor, Old National Bank, ......read more.


Summary: 179 B.R. 106 (1995) In re James Louis KNAPP, Debtor. John RIDDLE & Thomas C. Rich, Plaintiffs, v. James Louis KNAPP, Defendant. John Riddle (Riddle) and his workers' compensation attorney, Thomas C. Rich (Rich), have filed a two-count amended complaint against debtor, James Louis Knapp (Knapp or defendant), seeking a determination that Knapp's obligation to pay Riddle's workers' compensation award, and certain attorney fees related to that award, is nondischargeable in Knapp's chapter 7 bankrupt......read more.


Summary: 123 B.R. 314 (1991) In re Jimmy STARR and Karen Starr, Debtors. Tamalou WILLIAMS, Trustee, Plaintiff, v. Paul D. GIAMANCO and Jimmy Starr, Defendants. Shortly before the debtors' Chapter 11 bankruptcy filing, debtor Jimmy Starr received a personal injury settlement in the amount of $100,000.


Summary: 83 B.R. 555 (1988) In re MID-STATE FERTILIZER COMPANY, Debtor(s). [1] Objections were filed by the debtor, the trustee and two creditors, Chevron Chemical Company and Windmill Fertilizers America, Inc. On or about June 24, 1986, the debtor, Mid-State Fertilizer Company, filed its petition for relief under Chapter 11. After thoroughly reviewing the Bank's application, the Court finds that the total fee should be substantially reduced since 1) the application fails to comply with the standards for......read more.


Summary: 182 B.R. 233 (1995) In re Robert E. SPAIN, Debtor. Robert E. SPAIN, Plaintiff, v. UNITED STATES of America, Defendant. In his complaint in this adversary proceeding, the plaintiff debtor, Robert E. Spain, asked that his indebtedness to the United States for federal wagering taxes and related special occupation taxes on wagering be declared dischargeable by reason of § 523(a)(1)(C) of the Bankruptcy Code.


Summary: 438 B.R. 154 (2010) In re EDG HOLDINGS, INC., United Science Industries, Inc., Debtor(s). United Science Industries, as Debtor-in-Possession, Plaintiff(s), v. Southwest Bank, An M & I Bank Banterra Bank; and EnviroCap, LLC, Defendant(s). Plaintiff/Debtor United Science Industries (USI) filed a five-count Second Amended Complaint which, essentially, seeks to invalidate liens being claimed by defendants Southwest Bank, an M & I Bank (Southwest), EnviroCap, LLC (EnviroCap) and Banterra Bank (Banter......read more.


Summary: 170 B.R. 999 (1994) In re Charles Robert SIMON and Judith Ann Simon, Debtors. Debtor, Charles Simon, was injured on the job on February 28, 1984, while working for Missouri Pacific Railroad Company (hereafter "Missouri Pacific" or "railroad"). Subsequently, on January 6, 1987, Mr. Simon and Missouri Pacific entered into a Release and Settlement Agreement (hereafter "Agreement") pursuant to which the railroad agreed to pay Mr. Simon, or his estate upon his death, certain periodic payments,[1] as ......read more.


Summary: 82 B.R. 62 (1988) In re Larry J. SMITH and Frances H. Smith, Debtor(s). SALEM NATIONAL BANK, Plaintiff(s), v. Larry J. SMITH, U.S.A., acting through Farmers Home Administration, and Bob G. Kearney, Trustee, Defendant(s).


Summary: 268 B.R. 529 (2001) In re Farrel G. DAME, Barbara E. Dame, Debtors. Prior to the date that the debtors filed for bankruptcy relief under chapter 7, Union Planters Bank, N.A., (UPB) set off funds in a bank account held in joint tenancy by the debtors, Farrel G. Dame (Farrel) and Barbara E. Dame (Barbara), and a third party, Lisa K. Schnaare-Clark, in partial satisfaction of a debt owed to UPB solely by Barbara. The trustee in bankruptcy, arguing that Farrel was the owner of one-half of the set of......read more.


Summary: 192 B.R. 187 (1996) In re Vanette McCONAHEY, Debtor. In this action, debtor Vanette McConahey seeks a determination that prepetition tax liabilities owing to the United States of America and the State of Illinois were satisfied by her completion of payments under a confirmed Chapter 11 plan of reorganization. Both the United States and the State of Illinois filed proofs of claim in the debtor's Chapter 11 case, and the debtor's plan provided for full payment of these tax claims. However, followi......read more.


Summary: 174 B.R. 96 (1994) In re Larry Dean FITCH and Linda Sue Fitch, Debtors. The question presented by this case is whether an installment contract for the sale of a business to the debtors is an executory contract assumed by the debtors under § 365 or whether it constitutes a financing device granting the seller a secured claim that may be modified in the debtors' Chapter 12 plan. Approximately a year prior to bankruptcy, debtors Larry and Linda Fitch entered into an agreement to purchase a meat-pro......read more.


Summary: 202 B.R. 966 (1996) In re Joseph R. FEHER and Barbara J. Feher, Debtors. FORD MOTOR CREDIT COMPANY, Plaintiff, v. Joseph R. FEHER and James W. McRoberts, Defendants. Several years prior to filing for relief under chapter *968 13, debtor Joseph Feher entered into a retail installment contract with Greenville Ford-Mercury, Inc., to finance the purchase of a 1991 Ford Escort. As required by the retail installment contract, Mr. Feher obtained a policy of automobile insurance providing, among other t......read more.


Summary: 226 B.R. 879 (1998) In re Thomas DERICKSON, Debtor. [1] In the first case, Trustee v. Associates Commercial Corp. (In re Derickson), the debtor executed a note and security agreement for the purchase of two Freightliner tractor trailer trucks. Thus, who disburses the debtor's payments is of great interest to the trustee, "because the trustee is entitled to his statutory [fee] only on the funds that he actually receives from *881 the debtor pursuant to the Chapter 13 plan." [6] While there is a s......read more.


Summary: 36 B.R. 706 (1984) In re George Ray TUCKER, Jr., and Mary Lou Tucker, Debtors. George Ray TUCKER, Jr., and Mary Lou Tucker, Plaintiffs, v. SEARS, ROEBUCK & CO., Defendant. Debtors filed a motion to avoid Sears' lien on a washer purchased by debtor, George R. Tucker, Jr.


Summary: 18 B.R. 956 (1982) In re Joseph Thomas BROWN d/b/a Tomahawk Camper Sales, Debtor. At Alton, in said district, this matter having come before the Court pursuant to a complaint filed by Steven N. Mottaz, Trustee of the Estate of the above-named Debtor; the Court having allowed the Trustee's Motion for Summary Judgment on December 1, 1981, and having agreed to reconsider said Order on January 4, 1982, the parties now having submitted briefs in support of their respective positions, the Court, havin......read more.


Summary: 250 B.R. 913 (2000) In re Donald & Dena MESSAMORE, Debtors. 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 was rendered an antecedent debt, and Anna Bank's perfection of its lien ......read more.


Summary: 244 B.R. 423 (2000) In re Gregory LAPUSAN, Mary Lapusan, Debtors. Gregory Lapusan, Mary Lapusan, Plaintiffs, v. Educational Credit Management Corporation, Defendants. On May 31, 1991, Gregory Lapusan consolidated five of his student loans pursuant to the Higher Education Act ("HEA"). In 1997, Mr. Lapusan defaulted on the consolidated loan.


Summary: 76 B.R. 126 (1987) In re Charles Conrad ROEMER, Debtor. Donna MUGGE, Plaintiff, v. Charles Conrad ROEMER, Defendant. The judgment provided, in part, as follows: The Court hereby specifically finds that the defendant, CHARLES C. ROEMER, willfully and maliciously drove his motorcycle at an extremely high and excessive rate of speed into the Plaintiff, DONNA L. MUEGGE, thereby hurling Plaintiff through the air and onto the pavement and caused her to be greatly and permanently injured . . . Plaintif......read more.


Summary: 170 B.R. 128 (1994) In re Robert and Dawn SHORT, Debtors. Debtors Robert and Dawn Short seek to avoid the lien of American General Finance, Inc. ("American") as a nonpossessory, nonpurchase money security interest impairing an exemption claimed by them in household goods. American objects that its lien is a purchase money security interest not subject to avoidance under § 522(f)(2) and that its lien retained this status even though the original note granting such interest was consolidated with a......read more.


Summary: 39 B.R. 671 (1982) In re SOUTHERN GARDENS, INC., Debtor. ROOSEVELT FEDERAL SAVINGS & LOAN ASSOCIATION, Plaintiff, v. Steven N. MOTTAZ, Trustee, and Southern Gardens, Inc., Defendants. At East St. Louis, in said district, this matter having come before the Court pursuant to this Court's order of April 28, 1982, directing that briefs be filed on the question of entitlement to rent proceeds, Roosevelt Federal Savings and Loan having filed its briefs by Gregory D. Willard, its attorney, the Trustee ......read more.