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Judge Jack B. Schmetterer

In re Frank Villasenor
December 5, 2017

17 B 15830

17 B 18090

Judge Thomas M. Lynch

In re Robert R. LaPorta
December 5, 2017

17 B 82300

Judge Timothy A. Barnes

In re Jennifer Robinson
December 4, 2017

17 B 12405
Upon a tax purchaser’s motion for relief from stay in a chapter 13 case, arguing that the expiration of the state-law period for redeeming taxes prior to the debtor filing for bankruptcy case gives cause to modify the stay, held: The tax purchaser has not established the necessary elements of section 362(d)(1) or (d)(2) to be granted relief from stay. Because the tax purchaser has not obtained a tax deed, under Illinois law, the debtor remains the owner of the underlying real property even though the redemption period has expired prior to the commencement of the debtor’s case. The debtor therefore has the right to attempt to treat the tax purchaser’s claim and the debtor’s property in a chapter 13 plan. The existence of that right, under the facts at bar, trumps the tax purchaser’s desire to bolster its claim postpetition by acts proscribed by the automatic stay. The motion for relief from stay is, therefore, DENIED.

Judge LaShonda A. Hunt

In re: Cynthia Robinson
November 28, 2017

The Chapter 13 trustee objects to confirmation of the debtor’s plan on two grounds: (1) feasibility, as debtor relies on a prorated anticipated annual tax refund that constitutes one-third of her monthly income; and (2) good faith, since Schedule J lists unsubstantiated anticipated expenses as opposed to the actual expenses of a below-median debtor.  The court concludes that the debtor has presented enough evidence to satisfy her burden of proof at confirmation.  Both objections are overruled and the plan is confirmed.

16bk29693, 16ap00657
Pro se debtor/plaintiff seeks a new trial pursuant to Federal Rule of Civil Procedure 50(d) following the court’s ruling that she failed to present sufficient evidence to establish undue hardship under 11 U.S.C. § 523(a)(8).  The court concludes that there is no basis to grant a new trial or to reconsider its prior decision finding that her student loan debts are non-dischargeable.

Judge Deborah L. Thorne

16 B 39654

Judge Jacqueline P. Cox

In re Demetrius Adger
September 20, 2017

17 B 20163
The issue was whether Debtor Adger's filing of a Chapter 13 case on July 5, 2017 at 6:26 p.m., rather than before 5 p.m. when the Cook County Clerk's office closed was filed timely  for purposes of allowing the debtor to treat a tax purchaser's claim over the life of a Chapter 13 plan.   The court analyzed  the Federal Rules of Civil Procedure, the Federal Rules of Bankruptcy Procedure, the Illinois Supreme Court's Electronic Filing Standards and Principles and our local Bankruptcy Court's Administrative Procedures for CM/ECF  that govern electronic filing. Generally those Rules and Standards provide that a document filed on the due date before midnight is timely filed.  The Amended Motion to Modify Automatic Stay was denied.