21 B 06189
The Chapter 7 Trustee objected to the Debtor’s claim of exemption relating to a retirement plan organized under Canadian law. The court interpreted relevant federal and Illinois statutes in sustaining the objection.  Illinois law governs exemption of assets in bankruptcy...

19 BK 28687, 22 AP 00019
The Trustee filed an Adversary Complaint seeking to invalidate a law firm’s statutory attorney’s fees lien and to limit its recovery of fees because its purported lien failed to meet the statutory requirement to disclose its interest, the fee that the client...

22 BK 02485 (Involuntary)
A receiver appointed in a domestic relations case to sell the husband’s assets sought leave to respond to an involuntary bankruptcy petition filed against the Alleged Debtor, a corporate entity in which the husband had an interest. A petitioning creditor, a...

10-11690
The Debtor moved to reopen her bankruptcy case to avoid a judgment lien, arguing it impaired a homestead exemption in the subject property.  The Claimant objected.  The Debtor was permitted to reopen her bankruptcy case.  The request seeking lien avoidance was heard...

22 BK 02485
An involuntary Chapter 7 bankruptcy case was filed against the Debtor by one secured creditor with an interest in the Debtor’s real estate, a condo in a retail setting. A receiver appointed in the Debtor’s divorce case moved for dismissal or abstention. The Court denied...

19 BK 00667, 19 AP 00592
The Plaintiff filed an adversary proceeding against the Defendant-Debtor, her former business partner at a failed brewery.  She alleged a $600,000 debt he owed to her, which he personally guaranteed, was non-dischargeable because it was incurred by fraud (11 U...

20bk21625
On a debtor’s objection to the claim of the issuing bank which holds a letter of credit to back the debtor’s appeal of litigation sanctions against, held: The debtor argues that the terms of the letter of credit should be strictly enforced against the issuing bank, while not...

17bk03367
On the competing motions of the chapter 13 trustee to dismiss a debtor’s case for failure to make plan payments and the debtor’s motion to modify his plan to allow it to complete without further payment, held:  Both the debtor’s defense to the trustee’s motion and the debtor...

14 B 574

21 B 8085

19 B 36659, 21 A 215

18 B 22039, 18 A 882

20 B 10492, 20 A 00273

18-04903

18-02853, 22-00030

22 B 00998
Chapter 13 Trustee sought dismissal of Debtor’s case as well as a bar to refiling.  HELD: While automatic dismissal was not appropriate, cause existed to dismiss the case under 11 U.S.C. § 1307(c).  There was no evidence that Debtor, who owed significant arrearages to two...

21 B 10216
Trustee objected to confirmation of Debtor’s chapter 13 plan on the grounds that he did not propose the plan in good faith and that the plan does not provide that all of his projected disposable income will be committed to unsecured creditors.  HELD: Objection overruled. ...

20 B 20833
Chapter 11 subchapter V debtor confirmed its consensual plan.  After the effective date of the plan, and after four payments were made to creditors, debtor requested authority to modify the confirmed plan.  The U.S. Trustee objected on the grounds that the plan was...

21 B 13170
Chapter 13 Trustee sought dismissal prior to confirmation, arguing that the proposed plan did not comply with 11 U.S.C. § 1325(a)(6).  HELD: Debtor did not establish by a preponderance of the evidence that she would be able to make all payments under the plan and to comply...

16 B 01529
After investigating Debtor’s assets and the estate’s potential claims, Trustee filed a qui tam lawsuit.  Several years of litigation ensued, including an appeal to the Illinois Supreme Court.  The qui tam defendant – now a creditor as well, having bought a claim against the...