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 Timothy A. Barnes

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.

In re Talecia Gilliam
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.

Judge LaShonda A. Hunt

14bk33271, 14ap00859
Court denied creditor’s motion for summary judgment on an adversary proceeding under 11 U.S.C. §§ 523(a)(2)(A) and 523 (a)(6), on the grounds that genuine issues of material fact existed as to debtor’s intent to defraud.

15bk38704, 16ap00110
Pro se debtor/plaintiff filed his adversary complaint against the United States Department of Education and Educational Credit Management Corporation, seeking to discharge over $400,000 in student loans pursuant to 11 U.S.C. 523(a)(8).  Following a trial, the court concludes that plaintiff has not met the “undue hardship” test.  Therefore, his student loan debts are not dischargeable.

Judge Janet S. Baer

13 B 09806, 13 A 00917
Jacob Thazhathuputhenpurac (the “Plaintiff”) filed an adversary complaint against former business partner Thomas Abraham (the “Debtor”), seeking a determination that a debt owed to him by the Debtor by virtue of a state court judgment was not dischargeable pursuant to §§ 523(a)(2)(A) and (a)(4) and objecting to the Debtor’s discharge under § 727(a)(3).  Both parties subsequently filed cross-motions for summary judgment, the Plaintiff on the two nondischargeability counts and the Debtor on all three.  No material facts were in dispute.  The Plaintiff argued that the Debtor was precluded from re-litigating the factual issues decided by the state court under the doctrine of collateral estoppel.  The Debtor contended that the elements needed to prevail pursuant to the statute under which the state court complaint had been brought were not identical to those required under §§ 523(a)(2)(A) and (a)(4) and that, thus, collateral estoppel was not applicable.  The Court found that the factual issues sought to be precluded were the same as those that came before the state court for purposes of collateral estoppel and that the state court’s findings of fact established, as a matter of law, all of the elements required for nondischargeability under §§ 523(a)(2)(A) and (a)(4).  Accordingly, the Court granted the Plaintiff’s motion, entered judgment in his favor, and denied the Debtor’s motion.

Judge Jacqueline P. Cox

16 B 14713 Consolidated with 16 B 23020, 16 A 00707
The court found several debts nondischargeable where the debtor, an attorney, lied about and failed to repay clients' loans from settlement proceeds.

Judge Deborah L. Thorne

Judge Jack B. Schmetterer

In re Tiara Hill
February 22, 2018

17 B 27598

Judge A. Benjamin Goldgar

In re John Jake Klein
February 16, 2018

16 B 08738

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