Subscribe to All Opinions15 B 26544
Upon the United States Trustee’s motion for sanctions brought pursuant to 11 U.S.C. § 105, held: The United States Trustee has shown by a preponderance of the evidence the need to address the circumstances discussed herein in a proceeding under 11 U.S.C. § 105. The motion is granted and counsel is sanctioned in the matter set forth herein.
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.
Judge Timothy A. Barnes
In re Elton Tabor
April 11, 2018
April 11, 2018
In re Stainless Sales Corporation
March 30, 2018
March 30, 2018
17 B 03148
Upon the application for administrative expense brought by prepetition assignee for the benefit of creditors on behalf of its counsel, held: The assignee is entitled to compensation for its counsel under 11 U.S.C. § 503(b)(4), the provision affording administrative expenses for professional services rendered for a superseded custodian. Upon application of the standards relating thereto, the application is, therefore, GRANTED in the manner set forth herein.
In re Direct Media Power, Inc.
March 29, 2018
March 29, 2018
16 B 36934
Upon the motion for civil contempt brought by a creditor, alleging that the debtor and debtor’s manager violated bankruptcy court orders by transferring property of the bankruptcy estate without court authority, held: The movant has established under section 105 of the Bankruptcy Code clear and convincing evidence of civil contempt by the debtor and the debtor’s manager by proving that the nonmoving parties knowingly violated court orders. The motion is, therefore, GRANTED.
In re Talecia Gilliam
March 28, 2018
March 28, 2018
17 B 18368
Upon the application of the debtor’s counsel under the court’s flat fee agreement, wherein the debtor’s counsel filed a form chapter 13 plan with a modification to the priority distributions of creditors to elevate the priority of counsel’s payments, held: The debtor’s counsel has violated the rules applicable to disclosure regarding agreements pertaining to its own compensation and, therefore, no longer qualifies to seek the flat fee. The application is DENIED in part; specifically, counsel’s compensation is reduced as a sanction for failure to disclose the agreement. The application is also continued with respect to a further determination regarding reasonableness.
In re Kimberly Yvonne Williams-Hayes
March 28, 2018
March 28, 2018
17 B 27961
Upon the application of the debtor’s counsel under the court’s flat fee agreement, wherein the debtor’s counsel filed a form chapter 13 plan with a modification to the priority distributions of creditors to elevate the priority of counsel’s payments, held: The debtor’s counsel has violated the rules applicable to disclosure regarding agreements pertaining to its own compensation and, therefore, no longer qualifies to seek the flat fee. The application is DENIED in part; specifically, counsel’s compensation is reduced as a sanction for failure to disclose the agreement. The application is also continued with respect to a further determination regarding reasonableness.
Judge Deborah L. Thorne
Judge LaShonda A. Hunt
In re Felicia Williams
April 10, 2018
April 10, 2018
17bk33186,
Secured creditor’s objection to confirmation of an amended Chapter 13 plan that proposes to continue pre-confirmation adequate protection payments of $275 per month until debtor’s attorney fees are satisfied, and then to commence monthly payments of $741 until the allowed secured claim is paid in full, is sustained. The plan does not meet the equal monthly payment requirement of § 11 U.S.C. 1325(a)(5)(B).
Judge Jack B. Schmetterer
17 B 18799, 17 A 00388