OPINION THOMAS L. PERKINS , Bankruptcy Judge . This matter is before the Court on cross motions for summary judgment. The Plaintiff, A. Clay Cox (TRUSTEE), as Trustee for the Chapter 7 estate of the Debtor, Central Illinois Energy Cooperative (DEBTOR), brought this action against the Defendant, Nostaw, Inc. (NOSTAW), to avoid and recover certain payments made by the DEBTOR to NOSTAW as allegedly fraudulent transfers. FACTUAL BACKGROUND The DEBTOR was an agricultural cooperative formed...
OPINION MARY P. GORMAN, Chief Judge. Before the Court is the Chapter 7 Trustee's Objection to the Debtors' claim of exemptions. Debtors have claimed as exempt $4000 held in a bank account and traceable to Social Security benefits and an additional $4000 held in the bank account traceable to pension payments received from the State of Illinois. Because the exemption provision relied on by the Debtors does not shield Social Security benefits already received, the Trustee's objection to that...
OPINION MARY P. GORMAN, Chief Judge. Before the Court is an Objection filed by Benita Alewelt ("Debtor") to the claim of Wesley Hardin. The Debtor disputes the amount of the claim, as well as the priority status of the claim asserted by Mr. Hardin. For the reasons set forth below, Mr. Hardin's claim will be allowed in the full amount of $55,577.86, with $12,624 entitled to priority status as a domestic support obligation and the balance of $42,953.86 allowed as a general unsecured claim. I....
OPINION Mary P. Gorman, Chief Judge. The Chapter 13 Trustee has filed motions to modify the confirmed plans in each of these cases. The Trustee claims that the debtors in each case have had increases in their incomes since their plans were confirmed and, accordingly, their plans should be modified to provide increased payments to unsecured creditors. Because the Trustee has failed to meet his burden of proof and failed to establish that he is entitled to the relief requested, both motions...
