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.

Subscribe to All Opinions

Judge Timothy A. Barnes

09 B 39937, 11 A 02236

The court considers whether the causes of action raised by the Plaintiff in this instance, matters of avoidance under sections 544 and 548 of title 11 of the United States Code, state fraudulent conveyance law and federal preference law, are properly brought by the Plaintiff in its second amended complaints. Given that the Plaintiff has not sufficiently addressed the badges of fraud in its second amended complaints and the Ponzi scheme presumption does not apply, the court grants the Plaintiff leave to further amend in order to meet the standards of Rule 9(b). The Defendants’ other grounds for dismissal are rejected for the reasons stated within.

Judge Jack B. Schmetterer

12 B 48247

Judge A. Benjamin Goldgar

11 B 15966

Judge Donald R. Cassling

Judge Carol A. Doyle

Judge Janet S. Baer

12 B 26295, 12 A 01630

The Court held that wages withheld pre-petition under an Illinois Citation to Discover Assets, and an order for installment payment of judgment, are not exempt assets and thus may not be recovered by the debtor as a preferential transfer. Personal property exemptions do not apply to wages that are required to be withheld in a wage deduction proceeding under Part 8 of Article XII of the Illinois Code of Civil Procedure. The issue before the Court was whether the same was true of wages withheld pursuant to a citation to discover assets, which is a special proceeding under Part 14 of Article II, as opposed to a wage deduction proceeding under Part 8 of Article XII. In holding that the debtor could not claim an exemption in wages withheld pursuant to a citation to discover assets, the Court based its decision on the language in 735 Ill. Comp. Stat. 5/2–1402(k-5) that directs the Court, in the event property held by a third party respondent is wages, to proceed as if a wage deduction proceeding had been filed. Accordingly, the Court granted the creditor’s motion to dismiss the preference action.

Judge Jacqueline P. Cox

In re Shelia L. Martin
April 26, 2013

09 B 42237

In this Chapter 13 proceeding, the Court granted the Debtor’s motion for sanctions, after a Mortgagee continued to collect the mortgage payments from both the Debtor and the Trustee despite the Court’s approval of a loan modification agreement. The Court’s opinion highlights the importance of parties examining whether loan modifications necessitate a subsequent chapter 13 plan amendment to accurately provide for treatment of mortgage arrears.

Pages