In re Cates

2 Citing cases

  1. Ball v. Nationscredit Financial Services Corp.

    207 B.R. 869 (N.D. Ill. 1997)   Cited 32 times
    Finding that creditor who filed claim of exemption did not retroactively affect standing

    A TILA claim and related causes of action are property that may be exempted pursuant to Illinois's wild card provision. See In re Smith, 640 F.2d 888, 891 (7th Cir. 1981) (TILA and similar state law claims exempted under Bankruptcy Code); Christy v. Heights Finance Corp., 101 B.R. 542, 543 (C.D.Ill. 1987) (TILA claim exempted under Bankruptcy Code); In re Cates, 125 B.R. 222, 223 n. 2 (Bankr.S.D.Ill. 1991) (interest in lawsuit exempted under Illinois wild card provision). However, at the time the district court action was filed, the bankruptcy petition was already pending and no exemption had been claimed for the cause of action.

  2. In re Simpson

    238 B.R. 776 (Bankr. S.D. Ill. 1999)   Cited 15 times

    In re Ayre, 158 B.R. 123, 124 (Bankr.C.D.Ill. 1993). It does not follow, however, that the debtor's interest in an insurance policy taken out on the vehicle constitutes such an "interest" in the motor vehicle. In an earlier case, In re Cates, 125 B.R. 222 (Bankr.S.D.Ill. 1991), this Court made passing reference to the Illinois motor vehicle exemption in discussing the debtor's claimed exemption for his interest in a lawsuit involving insurance on a damaged jeep. However, Cates was decided on other grounds, and the issue now before the Court was neither raised by the parties nor decided in that case.