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 Jack B. Schmetterer

18 B 04348

18 B 02860

18 B 02860

Judge Thomas M. Lynch

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).

16-82572, 16-96071
Summary judgment granted in favor of the Chapter 7 Trustee in action to avoid pre-petition transfer of commercial property pursuant to 11 U.S.C. §§ 544(b), 550(a), and 740 Ill. Comp. Stat. 160/1, et seq.

Judge Jacqueline P. Cox

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 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).

Judge A. Benjamin Goldgar

Judge Deborah L. Thorne

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