Case No. 17-91187
No exception to discharge where plaintiff failed to establish that it was owed a debt by former employee, as well as other key elements of its cause of action.
Section 523(a)(4), (6)
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Hon. Mary P. Gorman
Case No. 17-90819
Lumping separate causes of action under the Illinois Uniform Fraudulent Transfer Act ("IUFTA") and the Federal Debt Collection Practices Act ("FDCPA") into a single count warranted dismissal with leave to file amended complaint.
Fed. R. Civ. P. 12(b)(6); Fed. R. Bankr. P. 7012
Case no. 13-90942
Final compensation for custodian and attorney of Chapter 11 corporate debtor allowed, in part, and denied, in part. Inadequate disclosures at the time of employment warranted denial of fees and costs in professionals' final applications for compensation.
Sections 327, 328, 330; Fed. R. Bankr. P. 2014, 2016
Case No. 17-90985
Debt owed to Plaintiff by limited liability company for breach of contract excepted from discharge of individual Debtor with company ownership or membership interest where the Debtor's false representations caused and resulted in the breach of contract and damages sustained by Plaintiff.
Section 523(a)(2)(A)
Case No. 17-90542
Amended complaint and adversary proceeding dismissed with prejudice when plaintiff failed to state a plausible claim upon which relief could be granted despite having previously been given leave to correct the defects in the original complaint.
Sections 547, 550; Fed. R. Civ. P. 12(b)(6), Fed. R. Bankr. P. 7012
Case No. 18-70442
Chapter 7 Trustee's objection to the Debtors' claim of exemptions denied. Despite statutory presumption, the Trustee failed to meet his burden of proof in the face of the Debtors' credible and uncontradicted testimony to the contrary.
735 ILCS 5/12-1001
Case No. 15-71018
Motion to reconsider order on allowance of claim or for a new trial based on "newly discovered evidence" denied where moving party failed to establish that it exercised diligence in obtaining the evidence prior to judgment being entered.
Section 502(j); Federal Rules of Civil Procedure 59 and 60; Federal Rules of Bankruptcy Procedure 9023 and 9024
Case No. 16-91187
Debtors' discharges revoked where they were informed that tax refund was estate property in which the case trustee had an interest and ordered to turn over the refund but did not do so until after the action to revoke their discharges was commenced.
Section 727(d)(2).
Case No. 17-70467
Postpetition unsecured debt not incurred in the ordinary course of business was not entitled to administrative expense treatment when prior court approval was not sought.
Section 364(a)-(c)
Case no. 13-90942
Interim compensation for custodian and attorney of Chapter 11 corporate debtor allowed, in part, and denied, in part.
Section 330, Fed. R. Bankr. P. 2016.
Case No. 14-71512
Stay pending appeal of judgment granted where prevailing party filed a cross-appeal regarding parts of the judgment not severable from the rest.
Fed. R. Bankr. P. 7062(d), 8007
Case No. 15-71018
Creditor's contingent claim against Debtors as gaurantors allowed in the amount of zero because claim was likely to remain contingent.
Section 502(b), (c)
Case No. 14-71512
Creditor in a voluntary Chapter 7 case entitled to compensatory and punitive damages for the Debtor's willful stay violation, as well as declaratory relief voiding the state court judgment obtained by the Debtor without first seeking stay relief.
Section 362(k)
Case No. 17-71908
Chapter 13 trustee justified in not paying pre-confirmation adequate protection payments without the filing of a motion and the entry of an order specifically authorizing the payments to be made to a creditor.
Section 1326(a)(1)(C)
Case No. 17-71371
Trustee's objection to Debtors' claim of exemption in inherited IRA sustained. Exemption for "retirement plans" does not apply to inherited IRAs under Illinois law.
735 ILCS 5/12-1006
Case No. 12-72022 and 15-90801
Failure to fully disclose all compensation paid or promised to auctioneer warranted denial of applications for compensation of auctioneer.
Sections 327 and 330; Fed. R. Bankr. P. 2014, 2016, 6005
Case No. 17-70310
Discharge denied where Debtor failed to disclose cash on hand in order to hinder, delay, or defraud the Trustee and her creditors.
Section 727(a)(2)(B) and (4)(A)
Case No. 17-70869
Joint stipulation regarding apparent agreement between Chapter 7 Debtor and her creditor to except a debt from discharge not approved where there was no pending adversary proceeding to properly bring the matter before the Court.
Sections 523(c) and 524; Rules 4007(c), 7001(6), and 7003
Case No. 17-70784
Chapter 13 Trustee's objection to plan confirmation based on the Debtors' deduction of postpetition 401(k) contributions in calculating disposable income was overruled.
Sections 541(b)(7) and 1306(a)(1)
Case No. 17-90458
Trustee's objection to Debtor's claim of exemptions overruled and her motion for turnover order denied where proceeds from the sale of the Debtor's homestead were exempt under Illinois law on the petition date.
Section 522(b); 735 ILCS 5/12-906
Case No. 13-71508
Trustee's objection to Debtor's claim of exemptions sustained in reopened case where Debtor failed to show excusable neglect for not amending schedules before case originally closed.
Fed. R. Bankr. P. 1009(a), 9006(b)(1)
Case No. 17-70023
Dismissal of Chapter 7 case warranted because the debtor did not rebut the presumption of abuse that arose from failing the means test.
Section 707(b)(1)-(2).
Case No. 15-71919
Discharge denied where Debtor concealed and then misrepresented the timing and nature of the transfer of his only substantial, unencumbered, non-exempt asset to a family-owned company of which he has a part in order to hinder, delay, or defraud his creditors.
Sections 727(a)(2)(A) and (4)(A)
Case No. 16-71878
Debtor's motion to convert his Chapter 7 case to Chapter 13 denied where his conduct in filing his Chapter 7 case was not in good faith.
Sections 706(a) and (d), 1307(c).
Case No. 17-70325
No authority to grant the Chapter 7 Trustee's motion requesting that the Debtor's power of attorney be allowed to borrow and turnover the cash value of life insurance policies. Section 704(a)(1).
Case No. 16-71699
Individual did not have sufficiently stable and regular income to enable him to make payments under any plan and therefore was not eligible to be a debtor under Chapter 13.
Sections 101(30), 109(e), 1307(c), 1325(a)(7)
Adversary No. 16-09002
Ross J. Fleckenstein and Kimberly A. Fleckenstein, Case No. 15-90922
Debt not excepted from discharge where creditor failed to meet burden of proof.
Section 523(a)(2)(B)
Case No. 16-70536
Secured creditor could not be paid by the trustee through Chapter 12 plan without having a claim on file.
Fed. R. Bankr. P. 3002(c)
Case No. 13-90942
Chapter 11 corporate debtor's income tax debt for tax year ending post-petition is entitled to administrative expense claim treatment.
11 U.S.C. 503, 507
Adversary No. 15-09033
Blair M. Minton, Case No. 14-91293
Illinois LLC's operating agreement did not contain the types of material obligations that would make it an executory contract. The Court did not have subject matter jurisdiction over request for declaratory relief based on hypothetical facts.
11 U.S.C. 365; 28 U.S.C. 2201(a); 805 ILCS 180/1-1 to 60-1
Adversary No. 16-07008 and 16-07012
Case No. 15-71944 and 16-70161
Payday lender not entitled to presumption of nondischargeability. Loans not excepted from Debtors' discharges.
Section 523(a)(2)(A), (C); Fed. R. Bankr. P. 7055
Case No. 16-70699
Objection to discharge denied where omission of asset from schedules was inadvertent.
Section 727(a)(4)(A)
Adversary No. 15-07051
John Adrian Wease and Kimberly Ann Wease, Case No. 15-71431
Debt not excepted from discharge where creditor failed to meet burden of proof.
Section 523(a)(2), (4), and (6)
Case No. 15-71627
Application for compensation denied and attorney sanctioned for filing petition with debtors' electronic signatures affixed without first obtaining original "wet signatures."
Sections 105(a), 330(a)(3); Fed. R. Bankr. P. 1008, 9011.
Case No. 14-72106
Confirmation of Chapter 11 plan denied where no affirmative ballots were cast.
11 U.S.C. §1129(a)(10)
Case No. 15-90708
Motion for leave to file late proof of claim denied.
Fed. R. Bankr. P. 3002(a), (c)
Adversary No. 14-7021
In re Sheryle Henry, Case No. 14-70113
Student loan debt not discharged where Debtor failed to prove elements of Brunner test.
Section 523(a)(8)
Adversary No. 14-7008
THR & Associates, Inc., Case No. 12-72022
Motions to dismiss adversary complaint denied - causes of action adequately stated and not time-barred.
Fed. R. Civ. P. 12(b)(6); Fed. R. Bankr. P. 7012
Case No. 15-90458
Sections 330(a), 326(a)
Chapter 7 trustee compensation is commission-based.
Adv. 15-9009
In re Blair M. Minton, Case No. 14-91293
Contractual provision which conditions repayment of loan upon default on other loans is not an unenforceable penalty.
Fed. R. Bankr. P. 7056
Adv. No. 14-7065
Case No. 14-70578
Debt owed to former spouse for maintenance reimbursement to which Debtor was not entitled and obtained through actual fraud is nondischargeable.
Section 523(a)(2)(A)
Case No. 13-72140
Chapter 7 Trustee's Final Report, which disclosed sale of asset at a loss and disclosed payment of estimated rather than actual expenses, reluctantly approved with adjustment to expenses and admonitions about future practices.
Sections 704(a), 330(a)(1)(B)
Case No. 14-90026
Objection to exemptions based on fraud and bad faith denied.
735 ILCS 5/12-1006
Adv. No. 14-07069
In re Butler, 14-71585
Section 523(a)(8)
Student debt not discharged where debtor failed to demonstrate "certainty of hopelessness."
Adv. No. 15-7033
(In re Robert J. Jordan, Case No. 15-70132)
Mortgages obtained by unlicensed lenders are not invalid under Illinois law solely because of the licensing violation.
205 ILCS 635/1-3(e).
Adv. No. 15-7023
Revocation of discharge denied where elements of proof - "knowing and fraudulent conduct" and "refusing" to comply - were unestablished.
Section 727(d)(1)-(3)
Case No. 14-72070
Minimal attorney fee awarded in Chapter 13 case where quality of work was poor and contemporaneous time records were not kept.
Section 330
Case No. 15-71018
Mortgagee with valid, perfected security interest in post-petition rents entitled to stay relief and abandonment.
Sections 362(d)(1), 363(c)(2), 552(b)(2), 554(b)
Adv. No. 14-9013
Section 727(a)(2)(A)
Debtor's discharge denied for making transfers to hinder and delay collection efforts of judgment creditors.
Case No. 14-71331
Local Standards: Housing and Utilities allowance is available to anyone who has housing expenses.
11 U.S.C. 707(b)(2)(A); 11 U.S.C. 1325(b)
Adv. No. 14-7063
Adversary complaint dismissed for lack of subject matter jurisdiction.
28 U.S.C. 1334; 28 U.S.C. 157
Adv. No. 14-07012
Objection to discharge sustained where debtor failed to disclose estate property and failed to comply with court order
Sections 727(a)(4)(A), (a)(6)(A)
Case No. 12-70904
Trustee's application for fees relating to hypothetical distribution of converted estate funds denied.
Section 330(a), 326(a)
Case No. 11-72074
Motion to Amend or Alter Judgment denied.
Section 102(1)
Case No. 11-91764
Application for attorney fees allowed in part; request for disgorgement denied.
Section 329(b)
Case No. 14-70700
Section 1307(c)
Lack of good faith and unreasonable delay warranted case dismissal with one-year bar to refiling.
Case No. 14-70979
Income-based repayment terms do not make a student loan an executory contract which can be assumed or rejected in a Ch. 13 plan.
Sections 365, 1322(b)(7)
Case No. 14-71879
Section 541
Child support in hand generally belongs to parent, not child, and is property of Ch. 7 estate.
Adv. 14-7006
Discharge revoked for failure to report and turn over EEOC award proceeds.
Section 727(d)(2)
Bodily injury exemption may not be claimed by uninjured co-debtor spouse.
735 ILCS 5/12-1001(h)(4)
Ch. 7 trustee not entitled to "confirmation" of unauthorized sale.
Section 363(b); Fed. R. Bankr. P. 6004
Case No. 14-71307
735 ILCS 5/12-1001(g); 735 ILCS 5/12-1006(a).
Trustee's objection to claims of exemption allowed in part; denied in part.
Case No. 14-70578
Sections 502, 507(a)(1)(A), 101(14A)
Claim for child support arrearage entitled to priority treatment; claim for reimbursement for maintenance overpayments is a general unsecured claim.
Case No. 13-70172
Section 330(a)(3)
Chapter 13 no-look fee denied. Fees reduced due to poor quality of work and failure to properly keep time.
Case No. 14-70025
Sections 362(a)(1),(2) and 524(a)(1),(2)
No cause shown to lift stay or modify discharge injunction.
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.
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.