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 Pamela S. Hollis

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.

Judge A. Benjamin Goldgar

In re AE Hotel Venture
February 16, 2005

04 B 19764

In re Melanie Khan
February 11, 2005

03 B 14469, 03 A 03947

In re Commercial Loan Corp
November 17, 2004

04 B 18946

Judge Jacqueline P. Cox

03 B 46296

After a corporate debtor’s chapter 7 case was dismissed on creditor’s motion, creditor moved under Bankruptcy Rule 9011 to be reimbursed from the debtor’s counsel for legal work its attorney performed in response to the debtor’s improperly filed voluntary petition. The court concluded that the debtor and its attorney violated Rule 9011(b)(1) of the Federal Rules of Bankruptcy Procedure by filing its chapter 7 case with the intent to delay, frustrate, and cause expense to the creditor. The court imposed a sanction under Bankruptcy Rule 9011(c) against the debtor’s counsel for the creditor’s attorneys fees.

04 B 13843

The United States Trustee filed a motion to dismiss or convert a chapter 11 case arguing that the case was not filed in good faith, that the debtor had no real need for bankruptcy reorganization, that the debtor’s plan was both unconfirmable and unfeasible, and that the true creditor body (as opposed to shareholders) would not be well served by continued prosecution of a trade-secret-misappropriation action in state court. The court concluded that “cause” existed under 11 U.S.C. §§ 1112(b)(1) and (b)(2) to dismiss the case due to the highly speculative nature of the state court action which was the debtor’s primary asset. The court alternatively found that “cause” existed that the chapter 11 case was filed in bad faith.

Judge Jack B. Schmetterer

In re Margie Brown
January 24, 2005

Judge Eugene R. Wedoff

Judge Carol A. Doyle

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