After his chapter 13 case was dismissed without a plan being confirmed, the debtor moved to compel the trustee to release funds he was holding in payment to the debtor’s attorney, alleging that section 1326(a)(2) of the Bankruptcy Code mandates the disbursement of those funds. The issue...

12 B 26295, 12 A 01630

The Court held that wages withheld pre-petition under an Illinois Citation to Discover Assets, and an order for installment payment of judgment, are not exempt assets and thus may not be recovered by the debtor as a preferential transfer. Personal property...

12 B 07352, 12 A 00765

The debtors filed an adversary proceeding to determine the nature and extent of creditor’s lien on their residence. The Court found that the creditor’s third priority lien was wholly unsecured and thus subject to being stripped off the debtors’ residence and...

12 B 02903, 12 A 00440, 12 A 00441
Pro se debtors commenced two adversary proceedings to determine the value of two pieces of real property and to strip down the unsecured portions of the first mortgage liens on those properties pursuant to §§ 506(a) and 1322(b)(2).  The debtors also...

09 B 42237

In this Chapter 13 proceeding, the Court granted the Debtor’s motion for sanctions, after a Mortgagee continued to collect the mortgage payments from both the Debtor and the Trustee despite the Court’s approval of a loan modification agreement. The Court’s opinion...

11 B 51502

Evans Construction Company (“Evans”) filed a secured Mechanics Lien claim in the amount of $398,937.00 which represented amounts that were owed directly to Evans’ subcontractors. The Lender, Debtor's successor, objected to the claim, asserting a setoff for amounts paid...

12 B 34265

13 B 7001

09 B 42248, 11 A 00580

13 B 05090

13 B 02178

11 B 15966

11 B 40604, 11 A 2682

07 B 565, 11 A 402

09 B 39937, 11 A 02236

The court considers whether the causes of action raised by the Plaintiff in this instance, matters of avoidance under sections 544 and 548 of title 11 of the United States Code, state fraudulent conveyance law and federal preference law, are properly brought by...

11 B 27030, 12 A 01057

State court judgment creditor brought a complaint seeking declaratory judgment that three bank accounts that were the subject of or created by state court orders were not property of the Debtor’s estate. State court judgment creditor filed motioned for summary...

12 B 26246

Condo association brought motion for relief from stay eight days after debtor’s chapter 13 plan was confirmed. Condo association alleged that an unexecuted prepetition order for possession and a default in postpetition, but preconfirmation, direct payments to creditor...

12 B 48031
Mortgagee bank brought a motion to dismiss for bad faith and a motion for relief from stay on three investment properties of the Debtor. Bank contended the infeasibility of the Debtor’s proposed plan, along with the Debtor’s conduct, including filing three bankruptcies...

12 B 26779
Secured judgment creditor brought motion for stay pending appeal of prior court order avoiding its judicial lien on debtor’s exempt retirement accounts and denying creditor’s motion for relief from stay. The Bankruptcy Court held that pursuant to the four factors balanced...

12 B 84690
Creditor was entitled to relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(2) with respect to a foreclosure on Debtor’s single asset shopping center because Debtors lacked equity in the shopping center and did not meet their burden to prove that the property was...