24bk09311 and 24bk14211
Ch. 13 Debtors objected to servicers’ claims for projected escrow shortages, arguing the claims were not prepetition defaults. HELD: Under the bankruptcy code and rules, as well as RESPA (the relevant nonbankruptcy law), escrow shortages are prepetition claims....

24bk15572
Creditor filed a motion, which several other creditors joined, to convert or dismiss this chapter 11 case. The parties then presented a proposed agreed order to resolve the motion. HELD: The court declined to enter the proposed order, and, finding that neither conversion nor...

23bk07879, 23ap00285
On a complaint by the Illinois Department of Employment Security seeking a determination of nondischargeability under 11 U.S.C. § 523(a) on a debt arising out of allegedly improperly paid employment benefits, held:  Prior to commencing her bankruptcy case, the...

19bk06255, 19ap00684
Upon a motion to certify a putative class of claimants asserting claims for unlawful deprivation of motor vehicles by the City of Chicago from debtors in chapter 13 bankruptcy cases and a related motion to exclude from that consideration the testimony of the...

21 BK 12369
In a chapter 7 case, a dispute between creditors arose regarding the proper disposition of funds from a settlement of a malpractice claim against the Debtor. The Debtor was formerly the attorney for two creditors, Brent Duke (“Duke”) and 21 Century Smoking, Inc. (“21”). Pre...

24 BK 03393
In this chapter 7 case, the U.S. Trustee filed a Motion to Examine fees of the Debtor’s attorney, Xiaoming Wu, who executed bifurcated fee agreements with the Debtor. After a trial on the matter was held, the court found material, misleading inconsistencies between the...

Modification of Collective Bargaining Agreement under Section 1113

Confirmation (Chapter 13)

Motion to Reopen Closed Case

Motion to Retroactively Modify Stay

Motion for Turnover

Motion to Dismiss Adversary Complaint

Motion to Dismiss Adversary Complaint

23 B 12352, 24 A 222
Chapter 11 debtor confirmed its plan, then filed an adversary proceeding against a creditor that had not participated in the bankruptcy case.  In the complaint, Debtor sought to liquidate its own claim against the creditor and also requested entry of a declaratory...

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

24 B 11314
Debtor filed his 18th bankruptcy case in 13 years.  The chapter 13 Trustee brought a motion to dismiss for unreasonable delay, and also sought a two-year bar to refiling.  HELD: Debtor did not submit tax returns, proof of identity or pay advices, so the Trustee could not...

23 B 4039
Debtor sought damages for violation of the automatic stay on the grounds that, after the stay terminated under 11 U.S.C. § 362(c)(3)(A) and after U.S. Bank (“Bank”) obtained relief from the stay to pursue eviction, the Bank had exercised control over property of the estate. ...

24 B 17836
Housing Authority of Cook County (“Movant”) brought a motion for relief from stay, seeking authority to continue with its unlawful detainer action against Debtor’s residence.  Debtor objected.  HELD: Motion granted for two reasons.  First, Movant obtained an order of...

22 B 13283, 23 A 20
Plaintiffs hired Debtor/Defendant to build a house.  During the course of construction, Defendant furnished a number of sworn contractor’s affidavits that reflected the amounts paid by Plaintiffs rather than the amounts paid to various subcontractors.  Plaintiffs...

23-81464
On competing motions by the chapter 11 debtor to convert his case to chapter 7 under Section 1112(a) and by a creditor and the U.S. Trustee seeking to dismiss the case under Section 1112(b), finding it more appropriate to first address the debtor’s motion given the strong...