OPINION THOMAS L. PERKINS, Chief Judge. This matter is before the Court on the motion for summary judgment filed by the Plaintiff, Kimbrell Realty/Jeth Court, LLC (DEBTOR), against the Defendant, Federal National Mortgage Association (FANNIE MAE). The Complaint seeks a declaratory judgment that a prepayment premium, default interest and certain additional charges sought to be imposed by FANNIE MAE are impermissible. The motion addresses only the prepayment premium and default interest. This...
OPINION THOMAS L. PERKINS, Chief Judge. This matter is before the Court on the motion for summary judgment filed by the Defendants, Michael E. Evans and Froehling, Weber & Schell, LLP, on the complaint filed by Gary T. Rafool, as Trustee for the estate of Central Illinois Energy, L.L.C., for legal malpractice. BACKGROUND The Debtor, Central Illinois Energy, L.L.C. (Debtor), was formed in 2004 for the purpose of constructing, owning and operating an ethanol production facility, including a...
OPINION THOMAS L. PERKINS, Chief Judge. Are penalties and interest assessed when a chapter 11 debtor-in-possession fails to timely pay postpetition fringe benefits entitled to administrative expense status This is the issue raised in the petition for administrative expenses (treated as a motion under Fed. R. Bankr.P. 9013 and 9014) filed by the NECA-IBEW Pension Fund and the NECA-IBEW Welfare Fund (together the FUNDS). The Debtor, T.A. Brinkoetter & Sons, Inc. (DEBTOR), a contractor, filed...
OPINION THOMAS L. PERKINS, Chief Judge. Whether an above-median chapter 13 debtor with negative monthly disposable income is nevertheless required to propose a five-year plan, an issue that has sharply divided courts, turns on the interpretation of the phrase "applicable commitment period." This Court determines that a five-year plan is required of every above-median debtor as a condition of confirmation. FACTUAL AND PROCEDURAL BACKGROUND The Debtor, Denise E. Martin (DEBTOR), works as...
