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Opinions
The Bankruptcy court for the Northern District of Illinois offers a database of opinions listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
Date Issued | Description | |
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09/25/2008 |
In re Marks 08 B 06743 A secured creditor objected to the plan of a chapter 13 debtor. The creditor’s claim was for a retail installment contract on a motor vehicle. The plan initially provided for adequate protection payments of approximately 1% of the collateral until payment to the creditor... |
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10/20/2008 |
In re Teknek, LLC 05 B 27545 In this chapter 7 case, the chapter 7 trustee sought to employ Neal Levin of Freeborn Peters LLP as special counsel to pursue causes of action against certain parties affiliated with the debtor (“Teknek Parties”). Levin previously represented the chapter 7 trustee in this... |
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12/03/2008 |
In re Hearthside Baking Co., Inc. 08 B 01187 The movant, the Official Committee of Unsecured Creditors of Hearthside Baking Co., Inc. (the “Committee”), sought entry of an order directing the Debtor to surrender an insurance policy indemnifying the life of one of the Debtor’s principals. After hearing, the Court held... |
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01/08/2009 |
In re Orla Enterprises 08 B 27287 In this chapter 11 matter, the debtor-lessor sought to reject a non-residential lease to the extent that the lease remained unexpired. The issue focused on an option to purchase allegedly contained in the lease. The lessee alleged that an option to purchase the property... |
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02/27/2009 |
In re Hearthside Baking Co., Inc.; Official Unsecured Creditors’ Committee of Hearthside Baking Co., Inc., et al. v. Cohen, et al. 08 B 01187,08 A 00237 In this chapter 11 matter, the shares of the Debtor were held in a trust. Wayne and Terry Cohen were beneficiaries of the trust and two co-trustees were named as trustees of the trust. Wayne was the President of the Debtor and Terry was its CEO. Both were the... |
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03/10/2009 |
In re Hunter;Herzog v. Countrywide Home Loans 07 B 19360, 08 A 00300 Prior to filing his chapter 7 bankruptcy petition, the debtor sought to rescind two mortgage loans from the defendants. After the bankruptcy case commenced, the chapter 7 trustee filed an adversary complaint requesting enforcement of the debtor's right to... |
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03/13/2009 |
In re Teknek, LLC 05 B 27545 Chapter 7 trustee sought approval of a settlement agreement resolving all litigation between the defendants in an adversary proceeding for recovery of pre-petition transfers. The settlement agreement was opposed by one of the administrative creditors who argued that the... |
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04/24/2009 |
n re Oien; Regis Technologies, Inc. v. Oien 07 B 08526, 07 A 01058 In this case, the plaintiff moved to amend its adversary complaint. The original complaint sought to deny the debtor’s discharge under 11 U.S.C. § 727(a)(4)(A) alleging the debtor asserted a false oath at his § 341 creditors’ meeting. The amended complaint... |
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06/02/2009 |
In re Sharif;Wellness Int’l Network v. J.P. Morgan Chase, N.A.; Khan v. Wellness Int’l Network 09 B 05868, 09 A 00384, 09 A 00385 In this matter, the Debtor and two non-debtor parties (“Respondents”) were held jointly and severally liable for attorney’s fees awarded by the U.S. District Court for the Northern District of Texas after initiating a lawsuit and failing to conduct... |
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06/16/2009 |
In re Howard 08 B 32998 The issue in this case was whether the hanging paragraph of 11 U.S.C. § 1325 applied to so-called “negative equity” in connection with the purchase of a motor vehicle that is subject to that provision. In this case, the debtor purchased a motor vehicle within 910 days of... |
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07/02/2009 |
In re Lunkes 09 B 00583 In this matter, the debtor claimed his interest in a trust was exempt from inclusion in his bankruptcy estate under 11 U.S.C. § 541(c)(2) because the trust was a spendthrift trust. The chapter 7 trustee objected, arguing that the trust was not a spendthrift trust. The Court... |
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07/17/2009 |
In re Lancelot Investors Fund, L.P.; Peterson v. Ellerbrock Family Trust, LLC 08 B 28225, 09 A 00413 In this case, the chapter 7 trustee sought to enjoin a lawsuit brought by a group of investors who invested in the Debtors against a third non-debtor party accounting firm. The investors filed suit in Minnesota state court for negligent misrepresentation and... |