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

14bk14023, 16ap00387
Upon the U.S. trustee’s complaint seeking to deny discharge for the debtor under 11 U.S.C. § 727(a)(4)(A), wherein the U.S. trustee alleged that the debtor failed to disclose certain assets on her bankruptcy petition, held: The U.S. trustee has not proven by a preponderance of the evidence that the debtor acted with fraudulent intent when failing to disclose certain assets on her bankruptcy petition. As a result, the debtor will not be denied a discharge on the grounds alleged. Judgment is entered in favor of the debtor.

Judge A. Benjamin Goldgar

Judge Carol A. Doyle

Judge Thomas M. Lynch

In re Hamm
July 9, 2018

17-81489
The Court sustained the Chapter 7 Trustee’s objection to the Debtor’s claimed exemption of an inherited retirement account because the account did not qualify for the Illinois exemption for retirement plans.

In re Miceli
July 9, 2018

17-82877
The Court sustained Associated Bank’s objection to confirmation of the Debtor’s proposed plan because the plan did not comply with the “equal monthly amounts” provision of 11 U.S.C. § 1325(a)(5)(B)(iii)(I).

17 B 81746
Creditor’s Motion to Convert Debtors’ Chapter 12 to Chapter 7 is denied for failure to demonstrate fraud in connection with this case as required under §1208(d).

Judge Jacqueline P. Cox

15 B 43653, 16 A 206
The court denied the Debtor a discharge of her student loan debts, finding that she can maintain more than a minimal standard of living if forced to repay them.

17 B 36587, 17 A 00594
The Debtors took out a $2,200,000 loan from America's Wholesale Lender in 2006 to purchase real estate.  They executed both a note and a mortgage in connection therewith.  They failed to make payments starting in 2008.  The lender filed a mortgage foreclosure case against them in 2009 in the Circuit Court of Cook County, Illinois.  In October, 2017 the state court entered a judgment of foreclosure in that case, ruling in favor of the lender on its motion for summary judgment, rejecting the Debtors' claim that because America's Wholesale Lender had not been incorporated before the documents were executed, the note and mortgage were null and void. The Debtors filed this chapter 11 bankruptcy case 7 weeks later on December 11, 2017.

The Debtors filed this adversary proceeding seeking to have the note and mortgage declared invalid for the same reasons asserted without success in state court.

The Lender filed a Motion to Dismiss the Adversary Proceeding which this court has granted with prejudice, applying the Rooker-Feldman doctrine and the court's authority to abstain as explained by the Seventh Circuit Court of Appeals in In re Jepson, 816 F.3d 942 , 948 (2016).

Judge Jack B. Schmetterer

18 B 04348

Judge LaShonda A. Hunt

15BK01035
In a successive Chapter 13 case where repeat filers failed to timely obtain an extension of the automatic stay, the court concludes that the stay terminated in its entirety on the 30th day after filing, pursuant to 11 U.S.C. § 362(c)(3).

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