25bk12829
The Debtor filed its second chapter 11 petition in two years. The prior case was dismissed for lack of authority to file. There is again a lack of authority to file in the present case, which the court dismisses under Section 1112(b) of the Code. The court found cause to...

24bk16719
The court awarded Debtor $2,500 after creditors violated the discharge injunction by sending two Wage Deduction Notices to Debtor. Debtor’s attorney submitted a Petition for Attorney Fees and Costs totaling $57,057.90. The court denied this petition as fees were reasonable...

24bk16719
The court denied motion to vacate sanctions order for violation of the discharge injunction and set the matter for hearing on damages. The creditor and law firm that the court found in violation of the discharge injunction continued to send notices of garnishment to the...

25bk01345
After a multi-day trial that revealed several instances of gross mismanagement, selfdealing, and a serious conflict of interest, the court found that appointing a chapter 11 trustee was appropriate under section 1104(a) of the bankruptcy code.

24bk18092, 25ap00028
Motion to dismiss state court confessed judgment is granted as the confessed judgment was void. The document in which the confessed judgment was contained did not contain the amount that was being confessed.

Releases, Exculpation, Injunction, and Deemed Consolidation Provisions in Chapter 11 Plan

Motion for Judgment on Pleadings re Adversary Complaint Seeking Declaration re Estate Property under Section 541(d)

Objection to Subchapter V Designation

Motion to Dismiss Involuntary Petition

18 B 3134, 25 A 55
Chapter 7 trustee filed an adversary proceeding against the debtor, his wife and two mortgage companies.  The complaint alleged that the debtor had transferred an interest in his real property to his wife and granted two mortgages, all without court authority or the...

18 B 3134, 25 A 55
Chapter 7 trustee filed an adversary proceeding against the debtor, his wife and two mortgage companies.  The complaint alleged that the debtor had transferred an interest in his real property to his wife and granted two mortgages, all without court authority or the...

24 B 2578, 24 A 70
After a tax sale for delinquent taxes related to the Debtor’s residence, Debtor filed an adversary complaint seeking to avoid the tax sale as a preferential transfer under 11 U.S.C. §§ 547(b) and 522(h) (Count I), and a fraudulent transfer under 11 U.S.C. § 548(a)(1...

24 B 14358, 25 A 133
Plaintiff filed an amended complaint in an adversary proceeding seeking relief on four causes of action: 1) objection to a claim pursuant to 11 U.S.C. § 502, 2) tortious interference with business relations, 3) breach of contract, and 4) equitable relief pursuant...

23 B 8488, 23 A 387
Plaintiff filed an amended complaint in an adversary proceeding seeking to deny the Debtor a discharge under 11 U.S.C. § 727(a)(5) and seeking a finding that a debt owed to Plaintiff is nondischargeable under §§ 523(a)(2), (4), and (6).  The Debtor moved to dismiss...

24 B 1529
Debtors filed for relief under chapter 11 on the second day of the month.  They had not paid the rent for several nonresidential real property leases that came due on the first day of the month.  Eventually, the landlords filed applications for administrative expense claims...

25 B 16542
Debtor sought waiver of his filing fee.  The court denied the application, and Debtor filed a motion for reconsideration.  HELD: The standard for waiver of a chapter 7 debtor's filing fee is found in 28 U.S.C. § 1930(f)(1).  The court must determine whether a debtor's income...

23 A 20
Plaintiffs hired Defendant as a general contractor to build a house.  In the middle of construction, they discovered that the sworn statements he had been sending with his draw requests were not accurate.  Before they could obtain a judgment in state court, Defendant filed for...

25 B 08821
The Debtor owns a non-residential industrial complex located in Chicago that rents space to various entities.  For at least two years its principals used its rental income to fund their personal and outside business interests, while failing to pay its mortgage, tax and...

24-08259
A chapter 13 debtor’s case was dismissed with prejudice and he was denied a discharge of his existing debts in this case and in any future bankruptcy case.

The debtor purchased a home worth $860,000. He transferred it to a trust and later to his wife for no...

21 A 00237, 20 B 17355
Frank J. Kokoszka, chapter 7 trustee (the “Trustee”) for the bankruptcy estate of James Samatas (the “Debtor”), filed an adversary complaint against the Debtor, the James Samatas Discretionary Trust (the “Trust”), and the Debtor and Craig Labus, in their...