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N.D. Illinois· 10/10/2012

In re Quade

Citations

  • 482 B.R. 217
  • 2012 WL 4854655
  • 2012 Bankr. LEXIS 4805

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that debtor’s waiver of exemption in prepetition collection action did not have preclusive effect in later § 522(f) proceeding
  • finding that a debt- or could not waive bankruptcy exemptions in pre-petition state court proceedings
  • \The estate created under section 541 of the Bankruptcy Code is the foundation upon which a debtor's bankruptcy case is built.\
  • setoff effectuates a transfer that prevents the subject property from becoming property of the estate
  • “In Illinois, to claim an interest in real property that is enforceable as to third parties, a creditor must record that interest in accordance with applicable law.”
  • “While the Bankruptcy Code preserves the right of setoff ... the express provisions of the automatic stay ... make clear that no postpetition setoff is permissible without relief from stay.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barnes

Read full opinion on CourtListener

Cited by

20 cases in this archive cite this case.

Cites

43 cases in this archive are cited by this case; the 20 most cited are listed.

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