Opinions

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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Judge Jacqueline P. Cox

08 B 28225,11 A 00646

Trustee Ronald L. Peterson filed a Motion seeking a Preliminary Injunction pursuant to 11 U.S.C. §§ 362 and 105 of the Bankruptcy Code. He asked the court to enjoin the Brightwater Club Property Owners Association from pursuing its foreclosure rights under Colorado law as to property owned by Clearwater Development, Inc. The court held that the Trustee failed to show by clear and convincing evidence that a preliminary injunction was warranted.

08 B 17148, 08 B 17149

Movant asked the court to impose sanctions against the Debtors, Dental Profile, Inc. and Dentist, P.C. (the “Debtors”), Dr. Husam Aldairi ("Aldairi" ) the sole owner of the Debtors, Paul M. Bach ("Bach") former counsel for the Debtors, and Cindy M. Johnson, counsel for Aldairi, pursuant to Federal Rule of Bankruptcy Procedure 9011 and section 105(a) of the Bankruptcy Code. Movant argued that the Debtors, Aldairi, and Bach violated Rule 9011 by filing the bankruptcy cases for the improper purpose of delaying her from collecting her judgment and that, accordingly, the filing was an abuse of the bankruptcy process in violation of section 105(a). The court found that the Debtors’ Chapter 11 bankruptcy petitions were filed for the improper purpose of frustrating, hindering, and delaying the Movant in the collection of her judgment and imposed sanctions pursuant to Bankruptcy Rule 9011 solely against the Debtors and Aldairi. The court issued a separate judgment order herein imposing sanctions in the amount of $314,536.34.

In re Richard Sharif
March 14, 2011

09 B 05868

Movant Ragda Sharifeh requested that the court vacate (1) the part of the July 6, 2010 judgment order which held that the Soad Wattar Revocable Trust of 1992 was the alter egoof the Debtor, Richard Sharif (“the Debtor”) and (2) the August 5, 2010 order directing Wells Fargo Financial Advisors to turn over assets held in the name of the Trust to Horace Fox, Jr. the Trustee of the Debtor’s bankruptcy estate, pursuant to Federal Rule of Civil Procedure 60. Alternatively, she requested that pursuant to Federal Rule of Bankruptcy Procedure 8005, enforcement of the August 5, 2010 order be stayed pending the final disposition of a related adversary proceeding. The court found that the Movant failed to establish the requirements for entry of a stay pursuant to Federal Rule of Bankruptcy Procedure 8005, that Rule 60 was not the proper vehicle for asserting her legal error argument, and that the court has no jurisdiction to act on the orders which are now on appeal to the district court. The court denied Ragda Sharifeh's motion to intervene herein on March 10, 2011.

Judge A. Benjamin Goldgar

In re marchFirst, Inc.
April 11, 2011

01 B 24742

10 B 12193, 10 A 01663

Judge Jack B. Schmetterer

10 B 22668

Chief Judge Bruce W. Black

09 B 30047
447 B.R. 570

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