That imaginary process by which a prior constructive conversion is annulled, and ...
Bankruptcy Court for the Northern District of Illinois Court Cases
In Re Farrar-Johnson (2006)This matter is before the court on the motion of Chapter 13 Trustee Glenn Stearns to dismiss the bankruptcy case of debtors Carolyn Farrar-Johnson and Ronnie Nelson. The trustee complains that the debtors have failed to file an amended plan and amended Schedule J, and the resulting unreasonable delay, prejudicial to creditors, requires dismissal of their case under section 1307(c)(1) of the Bankruptcy Code, 11 U.S.C. § 1307(c)(1). The debtors respond that their plan and Schedule J are [...]
Court: Bankruptcy Court for the Northern District of Illinois Docket: 06 B 3089
Richard C DeMonica (2006)
This matter is before the Court on the objection to confirmation brought by Glenn Stearns, the standing chapter 13 trustee (the "Trustee"). The Trustee is represented by Attorney Carolyn A. Suzzi. Richard C. Demonica, the debtor (the "Debtor"), is represented by Attorney Kerrie Neal of Zalutsky & Pinsky. For the reasons set forth below, the Trustee's objection to confirmation is sustained.
Court: Bankruptcy Court for the Northern District of Illinois Docket: 06-00094
In Re Randy (1995)The above-captioned Adversary proceedings each relate to the involuntary bankruptcy case filed on May 12, 1993, by creditors of Michael J. Randy ("Debtor") under Chapter 7 of the United States Bankruptcy Code, 11 U.S.C. ¶ 101 et seq. ("Code"). An order for relief was entered therein on June 17, 1993, and Philip V. Martino was appointed Trustee. Plaintiff Martino, as Chapter 7 Trustee ("Trustee" or "Plaintiff'), filed these three Adversary complaints against Defendants Ben Houck ("Houck"), [...]
Court: Bankruptcy Court for the Northern District of Illinois Docket: Bankruptcy No. 93 B 19274. Adv. Nos. 94 A 01172, 94 A 01195 and 95 A 00208
In Re Bryson (1995)This Adversary proceeding relates to the bankruptcy case filed by Regina Bryson ("Bryson" or "Debtor") under Chapter 7 of the Bankruptcy Code, 11 U.S.C. § 101 et seq. Plaintiff Banner Oil Company ("Banner") filed this three-count Adversary Complaint against Bryson to bar her discharge and dischargeability of her debt. Banner is in the business of selling fuel oil and gasoline. Bryson was the president of and principal shareholder in K-C Fuel Oil, Incorporated ("K-C"), a customer of Banner's, [...]
Court: Bankruptcy Court for the Northern District of Illinois Docket: Bankruptcy No. 94 B 01090. Adv. No. 94 A 00762
In Re Mendiola (1989)The motion now under consideration is typical of many filed in this Court. The Debtor seeks to reopen her no-asset Chapter 7 bankruptcy case. The sole purpose for that reopening would be to allow the Debtor to amend her schedules to add the names of creditors who held claims against the Debtor before the bankruptcy case was filed. As is also typical, the Debtor alleges that the omission of these pre-petition creditors from the schedules was inadvertent and innocent. The Debtor believes that [...]
Court: Bankruptcy Court for the Northern District of Illinois Docket: Bankruptcy No. 88 B 03378
In Re Fenn (2010)Before the court for ruling is Wells Fargo Bank, N.A.'s (Wells Fargo) March 18, 2010 Objection to Confirmation of the Plan of Daniel and Roberta Fenn ("Debtors") and the Debtors' April 12, 2010 Motion for Valuation of Security. In both its Objection and its May 6, 2010 Response to the Motion for Valuation, Wells Fargo objects to the Debtors' effort to avoid its wholly unsecured junior lien. For the reasons that follow, the Objection is sustained. The court finds that the Debtors may not avoid [...]
Court: Bankruptcy Court for the Northern District of Illinois Docket: 09 B 49343
In Re Schnabel (1993)This case comes before the Court on hearing for confirmation of the Debtor's chapter 13 plan. The standing trustee and an unsecured creditor have objected and the Court must decide whether the Debtor's exempt income, his non-debtor wife's exempt income, the Debtor's claimed business expenses, and the Debtor's proposed car payments should be included in calculating "disposable income" under 11 U.S.C. § 1325(b)(2). For the reasons stated below, the Court holds that the Debtor's disposable income [...]
Court: Bankruptcy Court for the Northern District of Illinois Docket: Bankruptcy No. 92 B 17901
In Re Sumpter (1994)This matter comes before the Court on the amended motion for contempt for an alleged willful violation of the automatic stay of 11 U.S.C. § 362(a), filed by Jimmie Lee Sumpter, Jr. (the "Debtor") seeking an award of actual and punitive damages, costs and attorney's fees, pursuant to 11 U.S.C. § 362(h). Responses in opposition thereto have been filed by the respondents, Russell Zimmerman and Cheryl Zimmerman (the "Creditors"), and Thomas Fitzgerald, Sheriff of Will County, Illinois (the [...]
Court: Bankruptcy Court for the Northern District of Illinois Docket: Bankruptcy No. 93 B 25659
This Chapter 11 case has come before the court on an unusual application, filed by the attorneys for the debtor in possession, seeking "leave to apply" a retainer that they received from the debtor before the case was filed. Because the proper treatment of prepetition retainers is an area of developing law, the court requested briefs on the legal issues raised by the motion, and conducted an informal hearing regarding the circumstances under which the retainer was received. Now, having reviewed [...]
Court: Bankruptcy Court for the Northern District of Illinois Docket: Bankruptcy No. 90 B 884
In Re Randle (2006)The United States Trustee for the Northern District of Illinois (the "Trustee") has moved to dismiss this case under 11 U.S.C. § 707(b)(1) as an abuse of the provisions of Chapter 7 of the Bankruptcy Code. The Trustee asserts that the debtor, Ernestine Randle, has income as calculated under § 707(b)(2) (the "means test") high enough to create a presumption of abuse. Ms. Randle counters that her monthly disposable income falls below the thresholds set forth in § 707(b)(2). At issue is whether [...]
Court: Bankruptcy Court for the Northern District of Illinois Docket: 06 B 05929
In the related Chapter 11 Bankruptcy of Joy Recovery Technology Corporation ("Joy"), its liquidating Plan was confirmed on September 24, 1998. Joy liquidated its assets and established a Liquidating Trust (the "Trust") to pursue the present Adversary, over which the confirmed Plan retained jurisdiction in this Court. Noel H. Daley ("Trustee") was appointed as Trustee of the Trust. In that capacity he filed the present Adversary proceeding seeking to recover moneys borrowed by Joy for use by [...]
Court: Bankruptcy Court for the Northern District of Illinois Docket: Bankruptcy No. 97 B 36491, Adversary No. 98 A 02044
In Re Ardisson (2001)
Plaintiff Glucona America, Inc. ("Glucona") moves for summary judgment on all counts of its complaint against Debtor Kenneth Ardisson ("Ardisson"). For the reasons set forth below, the motion is denied.
Court: Bankruptcy Court for the Northern District of Illinois Docket: Bankruptcy No. 00 B 27406. Adversary No. 00 A 01151
In Re Alvi (1996)This matter is before the Court on the complaints of two creditors to determine whether certain credit card debts incurred by the Debtor, Tanvir Alvi, are nondischargeable under 11 U.S.C. § 523(a)(2)(A). The Plaintiffs presented their cases in full at a trial held December 7, 1995. After the Plaintiffs rested and before presenting his case in chief, the Debtor moved for a judgment on partial findings pursuant to Fed. R.Civ.P. 52. It is that motion which is now before the Court for [...]
Court: Bankruptcy Court for the Northern District of Illinois Docket: Bankruptcy Nos. 95 B 3378, 95 A 505 and 95 A 365
In Re Costello (2003)This adversary proceeding was tried on a two-count Complaint objecting to discharge of the debtor, Kenneth Eric Costello ("Debtor" or "Defendant"), doing business as Century Tree Service ("Century Tree"), filed by the Plaintiff Clean Cut Tree Service, Inc. ("Clean Cut," "Creditor," or "Plaintiff"). Count I was dismissed by order entered December 17, 2002. Count II, pleaded under 11 U.S.C. § 727(a), sought to bar discharge under a number of theories. Following trial, the Court now makes and [...]
Court: Bankruptcy Court for the Northern District of Illinois Docket: Bankruptcy No. 01-B-29191, Adversary No. 01-A-01000
In Re Dobek (2002)Plaintiff, Bombardier Capital, Inc. ("Bombardier") filed this adversary proceeding against Lucy Anna Dobek ("Debtor") in relation to her Chapter 7 bankruptcy case. She financed purchase of a motorcycle, and the loan and security rights were assigned by the Seller Pro Source to Bombardier. The Complaint seeks a judgment declaring the debt owed Bombardier by Debtor to be nondischargeable on several theories: Count I alleges under 11 U.S.C. § 523(a)(2)(A) that Debtor obtained credit for the [...]
Court: Bankruptcy Court for the Northern District of Illinois Docket: Bankruptcy No. 00 B 31883. Adversary No. 01 A 00288
In Re Burmeister (2007)This chapter 13 bankruptcy is before the court for a ruling on confirmation of the amended plan proposed by debtors Kenneth and Lisa Burmeister. Standing Chapter 13 Trustee Glenn Stearns objects to confirmation. He argues that the Burmeisters are not devoting all of their projected disposable income to the plan because their calculation of disposable income deducts mortgage payments they have stopped making on a home they intend to surrender. The trustee adds that the amended plan therefore has [...]
Court: Bankruptcy Court for the Northern District of Illinois Docket: 07 B 06868
In Re Martin (1992)This matter comes before the Court on the consolidated trial of two Adversary complaints filed by plaintiff Bay State Milling Company ("Bay State"). In Adversary Complaint No. 90 A 1003, Bay State seeks to bar discharge of debtor William Martin, Sr. ("Martin") under 11 U.S.C. § 727, based on a series of alleged concealments of assets (Counts I, II, and V), failure to maintain adequate records (Count IV), and failure to adequately explain a diminution of his assets prior to bankruptcy (Count [...]
Court: Bankruptcy Court for the Northern District of Illinois Docket: Bankruptcy No. 89 B 9796, Adv. Nos. 90 A 1003, 91 A 418
In Re Aluminum Mills Corp. (1991)
David E. Leichtfuss, Michael, Best & Friedrich, Milwaukee, Wis., James R. Troupis, Ann Ustad Smith, Steven P. Means, Michael, Best & Friedrich, Madison, Wis., for defendant Gelatt and Gelatt Corp.
Court: Bankruptcy Court for the Northern District of Illinois Docket: Bankruptcy No. 90 B 04050, Adv. No. 90 A 0934
Marcia L. Goldstein, Sharon Youdelman, Sean McKenna, Weil, Gotshal & Manges, New York City, John Collen, Douglas B. Rosner, Sonnenschein, Nath & Rosenthal, Chicago, IL, Lawrence F. Flick, II, Blank, Rome, Comiskey & McCauley, Philadelphia, PA, for Chase Manhattan Bank, Citibank, N.A. and Bell Atlantic Tricon Leasing Corp.
Court: Bankruptcy Court for the Northern District of Illinois Docket: Bankruptcy Nos. 91 B 17581, 91 B 19188 and 91 B 19189
In Re Cox (2000)
Following trial held on Fidelity Financial Service's ("Fidelity") Complaint Objecting to the Discharge of Creditor's Debt (the "Complaint"), the Court now makes and enters Findings of Fact and Conclusions of Law. Pursuant thereto, a portion of the debt owed to Fidelity by the debtor Victor Cox will by separate judgment order be held nondischargeable under 11 U.S.C. § 523(a)(6) because that debt was incurred due to a willful and malicious injury by the debtor to Fidelity or its property.
Court: Bankruptcy Court for the Northern District of Illinois Docket: Bankruptcy No. 99 B 2291. Adversary No. 99 A 0628