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 Deborah L. Thorne

18 B 03147

17 B 29195, 17 B 25013

Judge Janet S. Baer

16 B 28526, 16 A 00624
Plaintiff Old Republic National Title Insurance Company (“Old Republic”) filed an adversary complaint against debtor Fares Fakhuri (“Fakhuri”), seeking a determination that a debt owed to it by Fakhuri by virtue of a state court judgment was not dischargeable pursuant to §§ 523(a)(2)(A) and (a)(2)(B).  Old Republic subsequently filed a motion for summary judgment on both counts of its complaint.  No material facts were in dispute.  Old Republic contended that the state court made findings that Fakhuri committed fraud and that Fakhuri falsely represented that the title to his property was clear, while concealing the fact that there was a lien on the property.  Fakhuri failed to contest these arguments.  The Court found that the state court’s default judgment was not preclusive as it made no findings of fact, but that Old Republic established that Fakhuri made false representations in connection with the title to the property within the meaning of § 523(a)(2)(A).  As §§ 523(a)(2)(A) and (a)(2)(B) are mutually exclusive causes of action, judgment could not also be granted as to § 523(a)(2)(B).  Accordingly, the Court granted Old Republic’s motion as to the § 523(a)(2)(A) count, entered judgment on that count in its favor, and dismissed the § 523(a)(2)(B) count.

Judge Timothy A. Barnes

15bk32968
Upon the adversary defendants’ motion for leave to file counterclaims against the liquidating trustee, held:  The Barton doctrine, which requires a party to seek leave to file claims against a trustee in a bankruptcy case, is inapplicable when the claims are brought in an adversary proceeding in the appointing court.  Therefore, the motion for leave to file counterclaims is DENIED as unnecessary.

In re Elton Tabor
April 11, 2018

15 B 26544
Upon the United States Trustee’s motion for sanctions brought pursuant to 11 U.S.C. § 105, held:  The United States Trustee has shown by a preponderance of the evidence the need to address the circumstances discussed herein in a proceeding under 11 U.S.C. § 105.  The motion is granted and counsel is sanctioned in the matter set forth herein.

Judge A. Benjamin Goldgar

17 B 17844

Judge LaShonda A. Hunt

In re Monique A. Jimmar
April 23, 2018

17bk11666
Chapter 13 Trustee’s objection to fee applications filed by a law firm representing debtors in numerous cases is sustained, in part.  Furthermore, the court holds that the plan does not meet the good faith requirement in § 1325(a)(3) of the Code.  Therefore, confirmation is denied.

In re Felicia Williams
April 10, 2018

17bk33186,
Secured creditor’s objection to confirmation of an amended Chapter 13 plan that proposes to continue pre-confirmation adequate protection payments of $275 per month until debtor’s attorney fees are satisfied, and then to commence monthly payments of $741 until the allowed secured claim is paid in full, is sustained.  The plan does not meet the equal monthly payment requirement of § 11 U.S.C. 1325(a)(5)(B).

Judge Jacqueline P. Cox

17 B 25141
In this case, the City of Chicago refused to turn over the debtor’s vehicle unless their claim was paid in full. The City’s claim was treated as unsecured in the confirmed plan; the City did not object to this treatment of its claim. The Debtor filed a motion to modify his confirmed plan to pay the City of Chicago in full as a compromise to get the City to release the vehicle. In this opinion, the court denied the motion to modify the plan and sanctioned the City for violating the automatic stay in violation of Thompson v. GMAC.The court ruled that the City did not have a possessory lien as provided for in its ordinance because the ordinance was inconsistent with Illinois law.

Judge Jack B. Schmetterer

10 B 27054

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