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 Eugene R. Wedoff

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.

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

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.

Judge Jack B. Schmetterer

In re Margie Brown
January 24, 2005

Judge Carol A. Doyle

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