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Opinions
The Bankruptcy court for the Northern District of Illinois offers a database of opinions listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
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Date Issued |
Description | |
|---|---|---|
| 06/08/2010 |
In re Daniel and Roberta Fenn 09 B 49343 On May 17, 2010 the court denied confirmation of the Debtors' proposed Chapter 13 Plan because it did not provide for retention of the totally unsecured junior mortgage creditor's lien until discharge under 11 U.S.C. Section 1328 or payment under nonbankruptcy law as... |
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| 05/25/2010 |
In re Michael C. Brace 09 B 44558 The court granted the U.S. Trustee's Motion to Dismiss the Debtor's chapter 7 case pursuant to 11 U.S.C. section 707(b)(3) because granting the Debtor a chapter 7 discharge would result in substantial abuse of the Bankruptcy Code given the totality of the circumstances. The... |
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| 05/17/2010 |
In re Daniel and Roberta Fenn 09 B 49343 The court sustained Wells Fargo Bank's Objection to Confirmation of the Debtors' April 12, 2010 chapter 13 plan which proposed to avoid Wells Fargo's wholly unsecured junior lien on a residential property. The court found that while debtors may generally avoid wholly... |
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| 04/15/2010 |
In re Computer World Solution, Inc.; Computer World Solution, Inc. v. Apple Fund, L.P. and Astor Partners, LLC 07 B 21123, 08 A 00180 This is an amended opinion; the original opinion was signed on March 17, 2010. This case involved a preference action under 11 U.S.C. sec. 547 to recover three payments made to the Defendants during the pre-petition preference period. The court found that the... |
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| 04/09/2010 |
In re J.S. II, LLC, et al. 07 B 03856 This is an amended order; the original order was issued on April 1, 2010. The court found that two creditors willfully violated the automatic stay by pursuing a District Court action against several Debtors despite the creditors' knowledge of the ongoing bankruptcy case.... |
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| 01/27/2010 |
In re IFC Credit Corporation 09 B 27094 The court granted the Trustee’s motion for a preliminary injunction staying various lawsuits pending against former directors and officers of the Debtor. The court found that the Trustee was entitled to a preliminary injunction because the pending lawsuits would likely... |
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| 12/16/2009 |
In re IFC Credit Corporation 09 B 27094 The court denied a motion to dismiss the bankruptcy case due to the initial petition being filed by a non-lawyer on behalf of the corporation based upon laches and Federal Rule of Bankruptcy Procedure 1009 after the movants waited three months to file the motion once the... |
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| 11/19/2009 |
In re: Tekena USA, LLC 09 B 16969 The court dismissed this Chapter 11 case finding that it was not filed in good faith due to the Debtor's involvement in efforts that amounted to abuse of the judicial system. |
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| 10/06/2009 |
In re Local Union 722 International Brotherhood of Teamsters 09 B 20825 In this matter, a judgment creditor moved to dismiss the debtor’s chapter 11 case under 11 U.S.C. § 1112(b) arguing that the bankruptcy was really a two-party dispute between the debtor and the creditor. The Court granted the motion, after determining that the debtor could... |
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| 07/17/2009 |
In re Lancelot Investors Fund, L.P.; Peterson v. Ellerbrock Family Trust, LLC 08 B 28225, 09 A 00413 In this case, the chapter 7 trustee sought to enjoin a lawsuit brought by a group of investors who invested in the Debtors against a third non-debtor party accounting firm. The investors filed suit in Minnesota state court for negligent misrepresentation and... |
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| 07/02/2009 |
In re Lunkes 09 B 00583 In this matter, the debtor claimed his interest in a trust was exempt from inclusion in his bankruptcy estate under 11 U.S.C. § 541(c)(2) because the trust was a spendthrift trust. The chapter 7 trustee objected, arguing that the trust was not a spendthrift trust. The Court... |
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| 06/16/2009 |
In re Howard 08 B 32998 The issue in this case was whether the hanging paragraph of 11 U.S.C. § 1325 applied to so-called “negative equity” in connection with the purchase of a motor vehicle that is subject to that provision. In this case, the debtor purchased a motor vehicle within 910 days of... |