19-82572, 19-96032
Creditor sought leave under Fed. R. Bankr. P. 7015 to amend its adversary complaint to add Bankruptcy Code sections 727(a)(2)(A) and (a)(4)(A) claims objecting to discharge. That request, however, came more than six months after discovery had closed, after the...

16-82933, 18-96030
On cross-motions for summary judgment on the Debtor’s adversary complaint seeking declaratory relief as to the meaning and effect of three reaffirmation agreements previously authorized after notice and hearing, the court granted judgment in favor of State Bank and...

20-80051
In this chapter 7 case, the United States Trustee filed two motions to dismiss pursuant to sections 707(b)(2) and 707(b)(3) of the Bankruptcy Code. The Debtor objected to the motions and argued, as a preliminary issue of law, that the “means test” in section 707(b)(2) does...

19-82505, 20-96020
The court denied the Defendants’ motion to dismiss the adversary complaint filed by the chapter 7 trustee, which sought, pursuant to 11 U.S.C. § 544(b) and 735 ILCS 5/12-112, to avoid the Defendants’ transfer of their joint tenancy interest in their residence to a...

18-13341 (Western District of Wisconsin)
Prior to this bankruptcy case, a Wisconsin circuit court had appointed F. John Stark, III as the supplemental receiver in a post-judgment enforcement action by creditor Erick Hallick against the Debtor. The confirmed chapter 11 plan of...

19bk31162, 20ap00074
Upon the debtor-defendant’s default in this nondischargeability adversary proceeding, held: the plaintiff has established by a preponderance of the evidence that the debtor made certain misrepresentations. While those misrepresentations are generally not...

18bk32437, 20ap00010
Upon the crossing motions for summary judgment brought by the Internal Revenue Service and the Illinois Department of Revenue to determine priority of liens under section 506, the IRS and IDOR each assert that no genuine issue of material fact exists necessitating...

08bk10095
Upon the vacation, in part, and remand by the District Court of this court’s order granting a motion seeking enforcement of this court’s confirmation order and damages arising from the alleged violation committed by the debtors’ prepetition surety, filed by successor to the...

19bk31162, 20ap00074
Upon the debtor’s motion to dismiss a single-count adversary complaint brought under 11 U.S.C. § 523(a)(2)(A) for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), held:  As is required, the court draws all reasonable inferences in the favor...

14 B 34232
Applicant requested allowance and payment of administrative expense claim as a “substantial contribution” to the case pursuant to 11 U.S.C. § 503(b)(3)(D).  Held: Section 503(b)(3)(D) does not support the allowance of an administrative expense claim in a case under chapter...

19 B 4105, 19 A 918
Plaintiffs sought a determination that their claim was nondischargeable and that the Debtor/Defendant’s discharge should be denied.  Held: Plaintiffs’ contract was with an LLC of which Defendant was the sole member.  The corporate veil would not be pierced.  Even...

14 B 34232
Chapter 7 trustee objected to creditor’s proof of claim, asking the court to reclassify it from secured to unsecured and to reduce the amount.  Held: (1) an objection to claim was the proper procedural posture to resolve the matter; (2) due to the debtor’s delays, a state...

14 B 27066, 16 A 00481

17-02072

20 B 07130
The court denied a Chapter 11 debtor’s Motion Pursuant to Rule 2004 to examine individuals and entities in Ireland and the United Kingdom for two reasons:  (1) he had not served them according to the Hague Service Convention, noting that the rules that allow nationwide...

20 B 01252, 20 A 00352

20 B 05112, 20 A 00212

20 B 10324

18 B 11700

17 B 07037, 17 A 00319
Plaintiff and judgment creditor Nick Boscarino filed an adversary complaint against debtor-defendant Lewis J. Borsellino, seeking (1) a determination that the debt owed to him by Borsellino was not dischargeable pursuant to § 523(a)(6), and (2) denial of...