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 A. Benjamin Goldgar

10 B 12193, 10 A 01663

Chief Judge Bruce W. Black

09 B 30047
447 B.R. 570

Judge Jacqueline P. Cox

In re Richard Sharif
March 10, 2011

09 B 05868

Movant Ragda Sharifeh asked leave to intervene as to two orders: a July 6, 2010 order which held, in part, that the Soad Wattar Revocable Living Trust was the alter ego of the Debtor, Richard Sharif (“the Debtor”) and an 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. The court held that the Trust assets were property of the Debtor’s estate as of the commencement of the bankruptcy case, that Ragda Sharifeh could have sought leave to intervene before this matter was adjudicated, and that pursuant to Federal Rule of Civil Procedure 24(b)(3), intervention five months after the entry of the orders at issue would unduly delay and prejudice the adjudication of the original parties’ rights.

In re Nancy Hall-Walker
February 22, 2011

10 B 42783

Debtor filed a motion seeking sanctions pursuant to 11 U.S.C. § 362(k), after the Respondent attended and continued a civil contempt status hearing in the Domestic Relations Division of the Circuit Court of Cook County after she was given notice that the Debtor had filed for Chapter 13 relief under the Bankruptcy Code. The court found that the Respondent’s action in attending and continuing the status hearing to a later date was a willful violation of the automatic stay. The court also found that an oral settlement agreement that the Debtor would receive $5,000 for damages and attorneys' fees for the Respondent’s violation of the automatic stay was binding under Illinois law.

10 B 73859

Judge Pamela S. Hollis

Defendant brought motion to dismiss complaint alleging turnover and breach of fiduciary claims. Defendant’s motion was granted on both counts. Plaintiff failed to allege a basis upon which certain funds were property of the estate, necessitating dismissal of turnover claim. Plaintiff’s breach of fiduciary claim was barred by the statute of limitations as it was not brought within five years of the date the claim arose and the continuing violation doctrine did not apply.

Debtor filed a motion pursuant to 11 U.S.C. § 362(k) against secured creditor who refused to accept Chapter 13 plan payments for certain pawned property provided for in the confirmed plan. Debtor sought creditor’s compliance with the plan or, alternatively, damages. Secured creditor responded with a motion to amend the debtor’s Chapter 13 plan pursuant to 11 U.S.C. § 1329, 11 U.S.C. § 362(d), and Federal Rule of Bankruptcy 9024 (incorporating Federal Rule of Civil Procedure 60), stating that the plan had been confirmed in error because the debtor no longer had an interest in certain pawned property because of a failure to comply with 11 U.S.C. § 541(b)(8). The creditor’s motion was denied as the creditor did not have standing under § 1329 and its argument under § 362(d) was barred by res judicata since creditor failed to allege that it had not been provided with notice of the bankruptcy or the plan. The creditor’s Rule 60 arguments were similarly denied as these circumstances were not so exceptional as to warrant relief from judgment post-confirmation.

10 B 04352

Debtor filed a motion pursuant to 11 U.S.C. § 362(k) against secured creditor who refused to accept Chapter 13 plan payments for certain pawned property provided for in the confirmed plan. Debtor sought creditor’s compliance with the plan or, alternatively, damages. Secured creditor responded with a motion to amend the debtor’s Chapter 13 plan pursuant to 11 U.S.C. § 1329, 11 U.S.C. § 362(d), and Federal Rule of Bankruptcy 9024 (incorporating Federal Rule of Civil Procedure 60), stating that the plan had been confirmed in error because the debtor no longer had an interest in certain pawned property because of a failure to comply with 11 U.S.C. § 541(b)(8). The creditor’s motion was denied for lack of standing, res judicata, and because exceptional circumstances did not exist. As there was no reason for the court to believe the creditor was not bound by the terms of the Plan, the debtor’s motion was granted.

Judge Jack B. Schmetterer

10 B 22668

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