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.

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Judge Carol A. Doyle

In re Crystal C. Morales
February 27, 2017

16 B 21624

16 B 18940, 16 A 00544

Judge Timothy A. Barnes

15 B 32968
Upon the application from a class of former employees seeking allowance of an administrative expense claim for being terminated by the debtors in the above-captioned chapter 11 cases without notice as required by federal law and the liquidating trustee’s objection thereto, held: Despite the liquidating trustee’s claim that the debtors were liquidating and thus were excepted from the federal notice requirement, notice was required. As a result, the federal termination period applies and the damages relating thereto are postpetition damages. As a result, the application is GRANTED. The terminated employees’ administrative claim is allowed in an amount to be determined at a later hearing.

Judge Jacqueline P. Cox

In re Richard Sharif
February 16, 2017

09 B 5868
The Court sanctioned Attorney Maurice James Salem and his clients Ragda Sharifeh and Haifa Sharifeh for violating Federal Rule of Bankruptcy Procedure 9011 for filing several motions and pleadings in an attempt to gain access to trust assets held to be property of the Debtor's bankruptcy estate in 2010.  The 2010 Order where the trust assets were found to be the Debtor's alter ego and thus property of the bankruptcy estate as of February 24, 2009 was affirmed by the District Court in 2012.  The Seventh Circuit affirmed the District Court in 2015 after the U.S. Supreme Court reversed the Seventh Circuit's earlier ruling limiting the bankruptcy court's jurisdiction.
Mr. Salem has been ordered to pay a $20,000 fine. He and his clients have been ordered to never again file pleadings in this bankruptcy case and its related adversary proceedings.
Should Mr. Salem need to file something in these cases in the future he has to first obtain leave of this Court to do so.

14 B 02696, 15 B 17314
The court found that it has post-confirmation jurisdiction to enforce and interpret its confirmation order in a chapter 11 case  where all transactions described therein have not been completed and a final decree has yet to be entered.

In re Jerome Sims, Jr.
January 10, 2017

16 B 04589
The court found that the purchaser of the Debtor's unpaid real estate taxes was adequately protected by the "sale in error" program and potential Plan payments.

In re EHC, LLC
January 6, 2017

15 B 40866
An attorney has been found to have violated Rule 9011 by delaying a creditor's efforts to enforce its rights.

Judge Deborah L. Thorne

In re Andres Hueramo
February 9, 2017

16 B 32350

Judge Janet S. Baer

In re Pawel Hardej
February 15, 2017

13 B 00627
The former Debtor reopened his bankruptcy case and filed a motion for rule to show cause against the Respondents, including Metropolitan Development Enterprises, Inc. (“MDE”), an entity previously owned by the Debtor. The Debtor alleged that the Respondents violated the discharge injunction under § 524(a)(2) after MDE filed suit against him in the Circuit Court of Cook County. The Debtor sought an order enjoining the state court proceeding, a finding that the Respondents were in contempt of court, and an award of damages and attorneys’ fees. The Respondents argued that the claims for which MDE sought recovery against the Debtor were not discharged in the Debtor’s bankruptcy case pursuant to § 523(a)(3)(B). The Court found that MDE’s claims against the Debtor had been discharged because, although MDE was not scheduled as a creditor, it had reasonable notice of the Debtor’s bankruptcy case that satisfied the requirements of due process. Concluding that MDE’s actions constituted a violation of the discharge injunction, the Court enjoined MDE from pursuing the Debtor on its claims in state court but denied the Debtor’s request for damages and attorneys’ fees.

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