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Judge Timothy A. Barnes - Opinions
Description | Date Issued |
---|---|
In re James Hicks, Jr. 14bk36072 |
08/31/2023 |
Andrew J. Maxwell, trustee for the estate of Horizon Group Management, LLC, v. Daniel Michael, et al. (In re Horizon Group Management, LLC) 14bk41230, 16ap00394 |
07/18/2023 |
In re Edward Johnson 22bk04449 |
05/12/2023 |
Donald A. Stukes, Liquidating Trustee v. John Argoudelis (In re NCW Properties, LLC) 20ap00246, 18bk20215 |
03/24/2023 |
Collum v. City of Chicago, Illinois (In re John C. Collum) 22ap00178, 16bk36530 |
03/22/2023 |
In re Ace Track Co., Ltd., Debtor in a Foreign Proceeding 15bk13819 |
01/27/2023 |
In re Jewel Carter 17bk03367 |
03/30/2022 |
In re Marshall Spiegel 20bk21625 |
03/11/2022 |
In re Bruce K. Propst 15bk12654 |
03/04/2022 |
Cordova v. City of Chicago (In re Emelida Cordova) 19bk06255, 19ap00684 As to the sufficiency of the counts pled, the plaintiffs have sufficiently alleged violation of sections 362(a)(4), (6) and 542(a), but have failed to do so with respect to section 362(a)(7). As a result, the plaintiffs’ claim under section 362(a)(7) will be dismissed as insufficiently pled but without prejudice and with leave to amend, while claims under sections 362(a)(4), (6) and 542(a) survive the motion. The motion to dismiss also raises the propriety of imposing punitive damages against a municipality. In this regard, the motion is well taken and the plaintiffs’ request for punitive damages is dismissed. Section 106(a)(3) of the Bankruptcy Code governs, and the abrogation of sovereign immunity contained therein expressly omits immunity from punitive damages. The motion to dismiss will be granted in this respect. Finally, the defendant seeks to dismiss the plaintiffs’ request for class certification. Class certification is a matter of consideration in a separate motion and not properly the subject of a motion to dismiss. The defendant’s motion to dismiss is thus denied in this respect. The court will set a separate deadline for a motion to certify the class and any opposition thereto. The defendant’s motion to dismiss is, therefore, GRANTED IN PART AND DENIED IN PART. |
12/06/2021 |
Herzog v. Ferguson (In re Eric Ferguson) 20bk17679, 20ap00426 |
10/29/2021 |
Bertha McGee v. Nottia M. Reed (In re Nottia M. Reed) 18bk19801, 18ap00837 |
09/03/2021 |
In re Kimball Hill, Inc., et al. 08bk10095 |
06/10/2021 |
In re Condor Flugdienst GmbH 20bk18167 |
03/26/2021 |
Joel F. Handler v. Emily Moore (In re Emily Moore) 19bk31162, 20ap00074 |
03/05/2021 |
David P. Liebowitz, as Chapter 7 Trustee for the Estate of Gayety Candy Co., Inc. v. Kalamata Capital LLC,... (In re Gayety Candy Co., Inc.) 18bk32437, 20ap00010 |
02/05/2021 |
In re Kimball Hill, Inc., et al. 08bk10095 |
09/30/2020 |
Joel F. Handler v. Emily Moore (In re Emily Moore) 19bk31162, 20ap00074 |
09/02/2020 |
In re Rosebud Farm, Inc. 18bk24763 |
08/25/2020 |
In re D/C Distribution, LLC 07bk12776 |
07/21/2020 |