Opinions

Beginning May 21, 2013, this court's opinions will be posted to the Government Printing Office's Federal Digital System (GPO FDsys).  Click here to access court opinions at GPO FDsys.

 

Hon. Mary P. Gorman

Exemption for public assistance benefits does not extend to benefits received pre-petition.
735 ILCS 5/12-1001(g)

Case No. 12-71112
Plan modification is distinct from claim allowance process.
Section 1329

Case No. 10-72120
Motion to Modify Chapter 13 Plan granted in part.
Sections 1329, 1325(a)(6)
 

Case No. 14-70013
Replacement value is the post-BAPCPA standard for redemption
Sections 722, 506(a)

Case No. 13-71645
Section 330
Application for Attorney's Fees allowed in part; denied in part.

Cases No. 10-71700 and 11-72448
Chapter 13 Trustee's motions to modify confirmed plans denied
Section 1329
 
 

Sections 363(b), 503; Rule 2016
Fee application required regardless of basis for employment.

Sections 727(a)(2)(A), 727(a)(4)(A)
Discharge denied for failure to disclose remainder interest

Section 547(b),(c); Fed.R.Bankr.P. 7056
Defense of ordinary course of business sustained to defeat preference action in part.

Case No. 13-71433
 
Section 1325(a)(4)
 
Cost/benefit analysis required to value avoidable preference.
 
 

13-71005
 
Obligation to pay marital debt determined to be domestic support obligation and, therefore, stay relief granted.
 
Section 523(a)(5)

Sections 1307(b), (c)
 
Chapter 13 case dismissed with bar to refiling as sanction

Stay relief, abandonment denied to contract for deed seller
Sections 362, 541, 554

Sections 329, 330; Rule 2016
"No look" fee denied due to poor quality of legal services.

Sec. 362
Annulment of stay denied.

Discharge denied under Section 727(a)(2)(A) where Debtor, while subject to a citation to discover assets, hindered and delayed collection by creditor.

§524(a)(2): City enjoined from collecting pre-petition claim for demolition expenses. 

Hon. Thomas L. Perkins

215 ILCS 5/238 Cash value of life insurance not exempt where beneficiary is non-dependent adult son.

§506(b) Oversecured creditor whose secured status was preserved via marshaling, was entitled to postpetition interest under §506(b).

§§541 (a)(1) & (a)(6)  Debtor's contingent right under CBA to receive profit sharing payment was property of the estate, on a pro rata basis to exclude earnings from post-petition services.

§§541 (a)(1) & (a)(6)  Debtor's contingent right under CBA to receive profit sharing payment was property of the estate, on a pro rata basis to exclude earnings from post-petition services.

§§541 (a)(1) & (a)(6)  Debtor's contingent right under CBA to receive profit sharing payment was property of the estate, on a pro rata basis to exclude earnings from post-petition services.

28 U.S.C. § 407 & 11 U.S.C. § 522, Social Security proceeds excluded from the estate; no equitable exceptions to exemptions permitted. 

§§ 541(a), 556 and 362(b)(6) Cross motion for summary judgment denied where grain sale contracts are not integrated and record did not contain evidence of industry custom.

Rule 4004(b)  Order extending discharge objection deadline to earlier of fixed date or debtors' compliance with turnover order must be enforced literally.

§ 522(b) Exemption denied as sanction for debtors' failure to schedule lawn tractor

§ 1325(b)(2)
Child support payments were fully excludable from chapter 13 debtor's current monthly income.
Issued: Sept. 12, 2013

Marshalling allowed following conversion and liquidation of real estate.
 

§ 735 ILCS 5/12-1001(g): Illinois exemption for "right to receive" benefits did not protect funds in debtor's possession.

§ 362(d)(2): Stay modified where proposed reorganization was not feasible.

§ 544:  Summary judgment denied where reasonably equivalent value was a material question of fact.

Hon. Gerald D. Fines

Willful violation of automatic stay.  11 U.S.C. Sec. 362(k)(1)

Modification of plan terms after confirmation.  11 U.S.C. Sec. 1329(a)(1)

Motion for Summary Judgment - is conversion of life insurance policy fraud?  735 ILCS 5/12-1001

IRA funds co-mingled with non exempt funds, 735 ILCS 5/12-1006

11 U.S.C. § 362(d)(1) and (2):  Motion to lift stay and deny cash collateral for lack of adequate protection

Section 523 does not require debtor to himself/herself commit fraud but may be culpable as member-manager
11 U.S.C. Sec. 523(a)(2)(A)

Is a debt held harmless in a marital settlement agreement non-dischargeable?
11 U.S.C. Sec. 523(a)(15)
 

Objection to confirmation as to secured/unsecured portion of debt.
11 U.S.C. Secs. 506(a)(1) and 1322(b)(2),

Are expenses incurred for care of disabled adult son reasonably necessary? 11 U.S.C. Sec. 707(b)(a)(A)(ii)(ll)

Hon. William V. Altenberger

§28 USC 157:  Court lacks jurisdiction to determine validity of Debtor's assignment of personal injury claim upon Trustee's abandonment of claim.

§ 544:  Fraudulent conveyance - reasonably equivalent value.

§ 523(a)(2)(A):  Debt incurred when Debtor/Payee of check deposits check with Creditor and payment is disallowed by issuer is discharged.

Bankr.R. 9024/F.R.C.P. 60(b):  Confirmed Chapter 12 Order vacated to allow Creditor to amend plan to provide for an earlier claim payment date.