OPINION Thomas L. Perkins , United States Bankruptcy Judge . This matter is before the Court on the issue of whether the federal nonrefundable child tax credit is exemptible under Illinois law as a public assistance benefit. The Court determines that the nonrefundable credit is not exemptible. The Debtors, Adam and Crystal Woodside, parents of two children, filed a chapter 7 petition on August 11, 2014. In their Amended Schedule C, listing property claimed as exempt, they claimed an...
OPINION THOMAS L. PERKINS , Bankruptcy Judge . This matter came before the Court for trial on the Amended Complaint filed by the Plaintiffs, Bradley Hunter and Evonne Hilliard, against the Defendant and Debtor, Curtis Lee Baldwin, seeking a determination under section 523(a)(2)(A) that a judgment debt is nondischargeable as one for money obtained by false pretenses, a false representation, or actual fraud. The Debtor filed a Chapter 7 petition on July 22, 2013, scheduling the Plaintiffs...
OPINION MARY P. GORMAN , Chief Bankruptcy Judge . This matter is before the Court for decision after trial of a complaint filed by James R. Inghram, Chapter 7 Trustee ("Trustee"), to revoke the discharge previously issued to the Debtor. Because the Trustee failed to meet his burden of proof at trial, judgment will be entered in favor of the Debtor and against the Trustee on the complaint. I. Factual and Procedural Background Sheryle Henry ("Debtor") filed her voluntary petition for...
OPINION Mary P. Gorman , Bankruptcy Judge . This matter is before the Court for decision after trial on an amended complaint filed by Michael Coyle, Jacqueline Coyle, and Jon Coyle ("Plaintiffs") objecting to the discharge of the Debtor, Amanda K. Coyle. Because the Plaintiffs have met their burden to prove that the Debtor, with the intent to hinder, delay, or defraud her creditors, transferred property within one year before filing her bankruptcy petition, her discharge will be denied. I....
OPINION Thomas L. Perkins , United States Bankruptcy Judge . Before the Court is the motion filed by A. Clay Cox, as Chapter 7 Trustee (TRUSTEE), for the estates of Ronald R. Bauman and Midwest Asphalt Repair, Inc., for substantive consolidation of the two estates and objections filed by Heartland Bank and Trust Company, Scott Hostetler and Midstate Asphalt Repair, Inc., and Donald Bauman (collectively referred to as the "OBJECTORS"). MIDWEST BANKRUPTCY Midwest Asphalt Repair, Inc. (...
OPINION Thomas L. Perkins , United States Bankruptcy Judge This matter is before the Court after trial on the complaint filed by the Plaintiff and Debtor, David McLain, against his ex-wife, the Defendant, Penny McLain, raising the issue whether certain divorce related obligations due Penny are nondischargeable domestic support obligations. Married since 1970, Penny and David divorced in 2010, when they were both sixty years of age. The parties had five children together, all adults now....
OPINION Thomas L. Perkins , United States Bankruptcy Judge . The Plaintiff moves for reconsideration of the grant of summary judgment in favor of the Defendant, Nostaw, Inc. (NOSTAW). The Plaintiff, A. Clay Cox (TRUSTEE), is the Trustee for the chapter 7 estate of the Debtor, Central Illinois Energy Cooperative (DEBTOR). FACTUAL AND PROCEDURAL BACKGROUND The DEBTOR spearheaded the development of an ethanol production plant near Canton, Illinois, and retained NOSTAW as general contractor...
Chapter 7 OPINION Mary P. Gorman , United States Chief Bankruptcy Judge This matter is before the Court for decision after trial of a complaint by the Chapter 7 Trustee, Jeffrey D. Richardson, to revoke the discharge of the Debtor, James C. Flaugher. The Trustee alleges that the Debtor received proceeds from an EEOC action in the amount of $150,000, failed to report receipt of the proceeds to the Trustee, and spent almost all of the money before the Trustee learned it had been received....
