23 BK 00811
In November 2022, the bankruptcy case of Capital Equity Land Trust #2140215 was dismissed because the Bankruptcy Code does not allow land trusts, as opposed to business trusts, to file for bankruptcy relief.  That case was also dismissed for having been filed in bad faith...

20 BK 05391, 20 AP 00214
In an adversary proceeding, the Plaintiff alleged that a debt the Defendant-Debtor owed her constituted a “willful and malicious injury” by the Debtor and thus was non-dischargeable under 11 U.S.C. § 523(a)(6).   The debt stemmed from a probate court proceeding...

17 B 25014, 22 A 00189
Debtor/Plaintiff Jackson filed for relief under chapter 13 in 2017.  The City of Chicago seized his car in August 2017, while the case was pending.  Four days later, Debtor/Plaintiff Butler filed her own chapter 13 case.  Jackson had allowed her the possession...

23 B 06723
Lender asked the court to excuse a state court receiver from compliance with its obligation to turn over real property to a chapter 11 debtor.  HELD: Motion denied.  Congress mandated that a custodian of property of the debtor must turn it over at the commencement of a...

23 B 5260

Debtor and his partner purchased real property in 1994. Over the past three decades they granted several mortgages, which resulted in four separate foreclosure proceedings, transferred the property between themselves and other entities, and filed a combined ten bankruptcy cases...

20 B 05362
The court granted the chapter 13 Trustee’s motion to modify plan, increasing Debtor’s plan payments to reflect previously undisclosed commission income.  About a month later, Debtor filed her own motion to modify plan, alleging that her employer had changed her position and...

16 B 01529
Debtor objected to the claim filed by the father of her children.  She asserted that he was precluded from relitigating the allocation of certain expenses by an agreed order entered in state court.  HELD: The state court agreed order, signed by both parties, is a settlement...

23 B 00837
Chapter 13 debtor proposed a 36-month plan.  A secured creditor with a claim treated in section 3.3 of the plan objected on the grounds that the plan did not comply with 11 U.S.C. § 1325(a)(6), since this creditor would not receive payment in full within 36 months.  HELD:...

21 B 14066
The chapter 13 Trustee filed a motion to dismiss for nonpayment.  Debtor filed a motion to modify his plan, requesting suspension of payments while he was out on medical leave.  Debtor then filed an amended motion to modify, requesting a longer suspension when his medical...

21 B 12581, 22 A 167

21-05193, 23-00201

21-05193, 23-00090

22-13111

23-00004, 22-12788

22-11626, 23-00125

23-02595

14bk36072
On the City of Chicago’s objection to the chapter 7 trustee’s final report, held:  Despite a provision in title 28 defining “the legal rate” as the federal judgment rate, the legal rate for postpetition interest in bankruptcy matters is that prescribed by bankruptcy law under...

14bk41230, 16ap00394
Upon crossing motions for summary judgment in an adversary proceeding seeking fraudulent transfer and other relief from the prepetition management and owners of the debtor, held:  The plaintiff/trustee failed to establish grounds for summary judgment in his favor...

22bk04449
On the debtor’s motion seeking an order compelling the chapter 13 trustee to refund to the debtor the full amount of payments made by the debtor on his chapter 13 plan prior to the dismissal of the case prior to confirmation of the plan, held:  The trustee is not authorized ...

21 B 09761, 22 A 00177
Richard Fogel, chapter 7 trustee (the “Trustee”) for the estate of Michael J. Palmieri (the “Debtor”), filed an adversary complaint against Specialty Industries II, LLC, Karen Witt, and Nicholas R. Recchia, in his capacity as trustee of The Byron Street Land...