AMENDED OPINION MARY P. GORMAN , Chief Bankruptcy Judge . Before the Court are an Application for Compensation filed by the Debtors' attorney, Kevin Linder, and an Order to Show Cause issued by the Court requiring Attorney Linder to show cause why he should not be sanctioned for his conduct in this case. After considering the documents filed in this case, including objections of the Chapter 13 Trustee and the United States Trustee to the Application for Compensation, and hearing the...
OPINION MARY P. GORMAN , Judge . Before the Court are an Application for Compensation filed by the Debtors' attorney, Kevin Linder, and an Order to Show Cause issued by the Court requiring Attorney Linder to show cause why he should not be sanctioned for his conduct in this case. After considering the documents filed in this case, including objections of the Chapter 13 Trustee and the United States Trustee to the Application for Compensation, and hearing the arguments of counsel, the...
OPINION Mary P. Gorman , United States Chief Bankruptcy Judge . The Debtor's First Amended Chapter 11 Plan is before the Court for confirmation. Because the Debtor failed to obtain the affirmative vote of a single impaired class of creditors, and thus failed to establish a threshold requirement for confirmation, confirmation must be denied. I. Factual and Procedural Background Richard M. Sabbun ("Debtor") filed his voluntary petition under Chapter 11 on December 2, 2014. The Debtor is...
OPINION MARY P. GORMAN , Bankruptcy Judge . Two motions to dismiss the Trustee's First Amended Complaint have been filed by Defendants, Todd Green and Panther 4700, LLC, and those motions have been joined by Defendant, United Community Bank. For the reasons set forth herein, both motions will be denied. I. Factual and Procedural Background THR & Associates, Inc. ("THR") filed its voluntary petition under Chapter 7 on September 10, 2012. THR was in the business of buying and reselling...
OPINION MARY P. GORMAN , Bankruptcy Judge . Before the Court for approval are the Chapter 7 Trustee's Final Report and Application for Compensation. The Central Illinois Carpenters Health and Welfare Trust Fund, the Carpenters Pension Fund of Illinois, and the Carpenters Retirement Savings Fund of Illinois have filed a joint objection to the Trustee's requested compensation. For the reasons set forth herein, the Final Report and Application for Compensation will be approved over the...
OPINION THOMAS L. PERKINS , Bankruptcy Judge . This matter is before the Court on the motion of creditor, Republic Bank of Chicago, for partial summary judgment on the objection to its claim filed by the Debtors, Jody and Michael Kimbrell. The primary issue is whether a state court judgment entered against the Debtors on the Bank's Promissory Note precludes the Debtors from challenging the validity and amount of the debt that is the basis for the Bank's claim. Background Jody Kimbrell...
OPINION MARY P. GORMAN , Bankruptcy Judge . This matter is before the Court on a motion for summary judgment filed by First Community Bank of Galena ("FCB Galena") as to Count II of the three-count adversary complaint brought against it by the Chapter 7 trustee, Roger Prillaman ("Trustee"). Because FCB Galena has established as a matter of law that it is entitled to judgment in its favor, the motion for summary judgment will be granted. I. Factual and Procedural Background Blair Minton ("...
OPINION MARY P. GORMAN , Chief Bankruptcy Judge . Before the Court is an adversary proceeding brought by Chapter 7 debtor Brenda J. Butler ("Debtor") to determine the dischargeability of her student loan debt. Because the Debtor has not demonstrated that paying the debt will impose an undue hardship upon her, the debt will be excepted from her discharge. I. Factual and Procedural Background The Debtor commenced this Chapter 7 case on August 29, 2014. On her Schedule F — Creditors Holding...
