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In re Jahelka (ND IL ED)(Feb. 2011)

In re Jahelka ,(Bkrtcy.N.D.Ill.)
The Upshot: An adversary complaint seeking to deny the discharge of an individual Ch. 11 debtor due to his inability to produce financial records or explain the loss of his assets was determined to be premature.

The Opinion: The Court ruled that in a liquidating Ch. 11 such as the one under consideration, 11 U.S.C.A. 1141(d)(3) made exceptions to discharge inaplicable until the debtor proposed a plan by which to dispose of property of the estate.

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