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Judge Thomas M. Lynch - Opinions

Description Date Issued
In re Kuzniewski

13 B 82613
Debtor was not entitled to sanctions for the failure of a bank and its attorney (respondents) to immediately release accounts funds subject to a citation to discover assets because there was no violation of the automatic stay since the respondents did not possess or control the funds and the citation proceeding was promptly stayed.

03/31/2014
In re Vista Marketing Group

12 B 83168
With respect to sale of debtor’s property free and clear of any interest under 11 U.S.C. § 363(f), because any potential liability for debtor’s unpaid taxes was an “interest” subject to the relief granted by the sale order, and the Illinois Department of Revenue failed to object, the Department could not later demand that purchaser pay the taxes.

03/28/2014
In re Rental Sys., L.L.C.

13 B 81734
Debtor’s application to employ the law firm as counsel for the debtor was denied because the firm should have been aware fully of the disclosure requirements and deadlines set by the Bankruptcy Code, Rules and Local Rules, and the procedures for compliance.

03/17/2014
Richer v. Morehead (In re Richer)

10 B 74803, 11 A 96261
A creditor properly exercised his option to convert his equity participation interest into a demand note and thus, was entitled to an unsecured claim for return of principal over debtors’ objection. However, under 11 U.S.C. § 502(b)(2), post-petition interest was disallowed. Thus, both parties’ motions for summary judgment were granted in part.

01/09/2014
Donahue v. Smith (In re Pinewood Buffet & Grill Inc.)

12 B 83341, 13 A 96019
Bankruptcy court had jurisdiction over the claim of a lessor of a bankruptcy debtor to insurance proceeds after a fire at the Debtor’s leased premises, since the bankruptcy trustee claimed the proceeds as property of the bankruptcy estate and the court thus had the authority to determine the parties’ respective rights in the proceeds.

12/30/2013
In re 11447 Second St. I, LLC

12 B 84690
Creditor was entitled to relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(2) with respect to a foreclosure on Debtor’s single asset shopping center because Debtors lacked equity in the shopping center and did not meet their burden to prove that the property was essential for an effective reorganization under a confirmed plan.

08/07/2013

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