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 Jacqueline P. Cox

09 B 49112, 17 A 00280
The Debtor sued Wells Fargo Home Mortgage alleging that it violated the discharge injunction when it sent her three informational letters concerning its lien. The court found that the creditor did no more than what Bankruptcy Code Section 524(j) allows mortgagees to do post-discharge: communicate with debtors to maintain periodic payments on residential property in lieu of the creditor pursuing in rem relief to enforce the lien.

16 B 8776, 16 A 00356
Debtor Erin V. McDougal defaulted on rent payments under an apartment lease.  Her lessor asked that the debt owed be found to be non-dischargeable due to representations made by the Debtor alleged to be false. During the period the representations were being made the Debtor paid $35,000 to the lessor in an effort to satisfy her obligations.  The court found (1) that the representations were promises to become current, not false representations made with intent to deceive and  (2) that her failure to become current  was a contract breach because the statements could not be held to be false representations where the creditor can not prove that a debtor never intended to make payments.

Judge Timothy A. Barnes

15 A 00819, 14 B 17886
Upon the chapter 7 trustee’s complaint under 11 U.S.C. § 363(h) seeking to sell all interests in real property held in a living trust in which the estate also has an interest, held: The trustee has established each element of section 363(h) to sell the real property free of the other interests therein. Therefore, judgment will be rendered in favor of the trustee and the trustee is authorized to sell the property.

17 B 05030
Upon the motion of a debtor statutorily without automatic stay protection to enforce the co-debtor stay, held: The debtor has standing to enforce the co-debtor stay regardless of whether or not she is protected by the automatic stay. As the postpetition judicial sale violated the co-debtor stay, the sale is void. The debtor has, however, failed to demonstrate an entitlement to damages. As a result, the debtor’s motion is GRANTED insofar as it seeks to have the sale and subsequent acts related thereto determined to be void but, in all other respects, is DENIED.

Judge Thomas M. Lynch

14 B 84356,  16 A 96048

Judge Jack B. Schmetterer

In re Leonard R. Flowers
August 14, 2017

09 B 44925

16 B 06369

In re Oakfabco, Inc.
August 4, 2017

15 B 27062

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