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 Jack B. Schmetterer

Judge A. Benjamin Goldgar

04 A 04446, 04 A 04443

04 B 23758, 04 A 04032

00 B 18138, 04 A 03074

In re AE Hotel Venture
February 16, 2005

04 B 19764

Judge Eugene R. Wedoff

Judge Jacqueline P. Cox

In re Lugean Brooks
March 30, 2005

04 B 39514

Prior to the debtor’s bankruptcy filing, a “Consent Judgment of Foreclosure” was entered in a suit filed in state court to dispossess the debtor of his residence under the Illinois Mortgage Foreclosure Law. The property was purchased under an installment land contract. The debtor’s proposed chapter 13 plan attempted to cure his default under the installment land contract. The debtor filed a motion requesting the court to vacate its prior order denying confirmation of his chapter 13 plan. The debtor also moved to have his chapter 13 plan confirmed over the objection of the official title holders and the sellers under an installment land contract. The court denied the debtor’s motion and found that the debtor held merely a possessory interest in the property at the time of filing and did not possess a right to cure the default in a chapter 13 plan under 11 U.S.C. §§ 108(b) and 1322(c).

Judge Pamela S. Hollis

04 B 26948

Our Chapter 13 Model Plan does not modify a mortgagee's rights in violation of the Code. Instead, it simply provides a mechanism for adjudicating disputes involving those rights, such as might arise over postpetition defaults, fees, and costs of collection.

In Re: Elizabeth T. Dilling
February 24, 2005

04 B 03574

Judgment debtor did not have sufficient assets to obtain an appeal bond, and after several efforts to post alternative security, filed an individual chapter 11 case. Judgment creditor moved to dismiss the bankruptcy as a bad faith filing or in the alternative to appoint trustee or convert case. Motion denied following an evidentiary hearing.

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