The District of Northern Illinois offers a database of opinions for the years 1999 to 2013, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

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Chief Judge Pamela S. Hollis

12 B 29855
Debtors own a two-flat and live in one of the units.  They proposed a Chapter 13 plan in which the mortgage holder's claim would be modified. The mortgage holder objected on the grounds that its claim was "secured only by a security interest in real property that is the debtor's principal residence" pursuant to 1322(b)(2). After finding the statutory language ambiguous, the court turned to the legislative history and determined that Congress intended this anti-modification provision would protect only those mortgage holders whose claims were secured by real property that is exclusively the debtor's principal residence. Consequently, the debtors in this case could modify the mortgage holder's claim and the plan was confirmed.  The court also found that the relevant date for determining the property's status is the date on which the security interest was created.

13 B 45595

Judge Carol A. Doyle

Judge A. Benjamin Goldgar

In re Daniel Bauman
March 4, 2014

11 B 32418

Judge Janet S. Baer

12 B 30867
In response to a memorandum opinion allowing creditor bank costs of collection in their bankruptcy case, the debtors filed a motion to alter or amend the opinion pursuant to Federal Rule of Civil Procedure 59(e) and Federal Rule of Bankruptcy Procedure 9023, requesting that the Court reduce the amounts awarded. The debtors alleged that the Court erred by basing its opinion on the fact that numerous confirmation hearings and modified plans were required before a plan could be confirmed rather than focusing on the reasons for the delay. The Court found that because the debtors merely rehashed old matters and attempted to advance a version of the evidence that could and should have been presented prior to judgment, they failed to establish the existence of manifest errors of fact or newly discovered evidence required under Rule 59(e). Accordingly, the Court denied the debtors’ motion.

Judge Jack B. Schmetterer

14 B 01509

13 B 18729