MEMORANDUM DECISION TIMOTHY A. BARNES, Bankruptcy Judge. The matter before the court is on the Motion of Debtor for Contempt Sanctions for Violations of the Automatic Stay and for Other Relief (the " Sanctions Motion ") brought by Suburban West Properties, LLC (the " Debtor ") against Ahad Real Estate, LLC (" Ahad "), Beach Business Bank (" BBB "), Macon Group, LLC (" Macon ") and the state appointed receiver John Flanders Kennedy (the " Receiver "). With the exception of Ahad, which did not...
MEMORANDUM OPINION JANET S. BAER, Bankruptcy Judge. George Haldes ("Debtor") objects to proof of claim number 20, in the amount of $1,964,772.32, held by Burling Dickens Sheffield Real Estate Investors, LLC ("Burling Dickens"). Burling Dickens holds a promissory note (the "Note") in the original principal amount of $1,718,148.50 secured by a senior mortgage against Debtor's residence located at 2540 North Burling in Chicago (the "Burling Property"). Neither party disputes the oversecured...
AMENDED MEMORANDUM OPINION JACQUELINE P. COX, Bankruptcy Judge. I. Jurisdiction and Venue This Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 1334(a) which provides that the district courts have original and exclusive jurisdiction of all cases under title 11. 28 U.S.C. 157(a) allows the district courts to refer title 11 cases to the bankruptcy judges for their districts. The District Court for the Northern District of Illinois has promulgated Internal Operating...
MEMORANDUM OPINION ON UNITED STATES TRUSTEE'S & FIRST MERITBANK'S MOTIONS TO DISMISS BANKRUPTCY CASE JACK B. SCHMETTERER, Bankruptcy Judge. The debtors filed for bankruptcy relief under chapter 7. The United States Trustee ("the UST") and FirstMerit Bank, N.A. ("FirstMerit") filed motions to dismiss the case as an abuse of chapter 7 under 707(b). Movants assert both that Debtors had primarily consumer debt, and that a presumption of abuse arises under 707(b)(2). Debtor argues that Debtors...
MEMORANDUM OPINION ON TRUSTEE'S MOTION TO STRIKE JACK B. SCHMETTERER, Bankruptcy Judge. 3RC Mechanical & Contracting Services ("3RC") filed a petition for relief under chapter 7 of the Bankruptcy Code on August 3, 2010. N. Neville Reid, the Chapter 7 Trustee, ("the Trustee") filed this adversary proceeding against Climatemp, Inc. ("Climatemp") seeking damages for breach of contract and unjust enrichment based on work purportedly performed under two subcontracts. Climatemp filed an answer and...
MEMORANDUM DECISION TIMOTHY A. BARNES, Bankruptcy Judge. The matter before the court arises out of two complaints filed by Brian T. Sullivan (" Sullivan "), each seeking a determination of dischargeability of debt under 11 U.S.C. 523(a)(2)(A): (1) against debtor Michele A. Glenn (" Michele ") in adversary case no. 11ap01455 (the " Michele Adversary "); and (2) against debtor Michael R. Glenn, Jr. (" Michael ," and together with Michele, " Debtors " or the " Glenns ") in adversary case no....
MEMORANDUM OPINION ON DEBTOR'S OBJECTION TO PROOF OF CLAIM NO. 9 JACK B. SCHMETTERER, Bankruptcy Judge. The Debtor filed for bankruptcy relief under chapter 11. The claims bar date was designated as March 11, 2013, but the Creditor, SunTrust Mortgage, Inc. ("SunTrust Mortgage") filed its Proof of Claim No. 9 late on May 28, 2013, asserting security consisting of a mortgage on property located at 6458 Lake Burden View Drive, Windermere, Florida ("the 6458 Property"). Debtor filed his Objection...
MEMORANDUM OPINION ON DEBTOR'S OBJECTION TO PROOF OF CLAIM NO. 8 JACK B. SCHMETTERER. The Debtor filed for bankruptcy relief under chapter 11. The claims bar date was designated as March 11, 2013. Creditor, SunTrust Mortgage, Inc. ("SunTrust") filed Proof of Claim No. 8 on April 17, 2013, asserting security consisting of a mortgage on property located at Lot 959 Keene's Pointe, Windermere, Florida ("the Lot 959 Property"). Debtor filed an Objection (Docket No. 136) and parties were ordered to...
COUNTS VIII, IX AND X AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW (MODIFYING PARTS I AND II) JACK B. SCHMETTERER, Bankruptcy Judge. Tnis proceeding was tried on remand after appeals to the Seventh Circuit by both parties from a judgment entered following the first trial. The parties rested after further trial on issues remanded, and final arguments were filed in writing. Findings of Fact and Conclusions of Law are hereby made and entered in the following parts: I. Introduction and...
MEMORANDUM OPINION BRUCE W. BLACK, Bankruptcy Judge. Before the court for decision is an Attorney Disciplinary Proceeding brought pursuant to Local Bankruptcy Rule 9029-4B. 1 Attorney Timothy K. Liou is charged with violating applicable disciplinary rules regarding conflicts of interest and candor to this court. For the reasons that follow, Mr. Liou will be permanently suspended from practice before the bankruptcy court for the Northern District of Illinois. 1. Jurisdiction and Authority...
MEMORANDUM OPINION ON ADMINISTRATIVE COUNCIL 1 MOTION TO DISMISS JACK B. SCHMETTERER, Bankruptcy Judge. This matter relates to the chapter 7 bankruptcy case of Pierport Development & Realty, Inc. ("Debtor" or "Pierport"). Pierport is one of several businesses owned by Peter Arenson ("Arenson"). Prior to bankruptcy, Pierport entered into a collective bargaining agreement ("CBA") with the Administrative District Council 1 of Illinois of the International Union of Bricklayers and Allied...
MEMORANDUM DECISION TIMOTHY A. BARNES, Bankruptcy Judge. This matter comes before the court on the Motion for Stay Pending Appeal (the " Motion ") [Docket No. 99] of Entertainment Events, Inc. (" EEI ") regarding the Merrill Lynch retirement accounts (the " Merrill Lynch Accounts ") of Victoria C. Quade (the " Debtor "). For the reasons set forth below, pursuant to the bankruptcy court's authority to tailor relief for the benefit of all parties in interest pursuant to Rule 8005 of the Federal...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON U.S. TRUSTEE'S MOTION FOR DISGORGEMENT AND SANCTIONS (DOCKET NO. 47) JACK B. SCHMETTERER, Bankruptcy Judge. This case was filed under Chapter 13 of the Bankruptcy Code, Title 11 U.S.C. The United States Trustee filed a Motion to Compel Debtor's counsel, Timothy K. Liou ("Liou") to disgorge fees received by him and for sanctions. Liou responded to the Motion and evidentiary hearing was held thereon. The following constitutes Findings of Fact and...
MEMORANDUM DECISION TIMOTHY A. BARNES, Bankruptcy Judge. This matter comes before the court on Old Plank Trail Community Bank's (the " Movant ") Motion To Dismiss (the " Motion To Dismiss ") [Docket No. 102] and the Movant's Motion for Relief from Stay (the " Stay Motion ") [Docket No. 100]. The Movant reasons that the Debtor's case should be dismissed for a lack of good faith, alleging "cause" under section 1112(b). In addition, the Movant seeks relief from stay pursuant to section 362(d) on...
MEMORANDUM OPINION A. BENJAMIN GOLDGAR, Bankruptcy Judge. Before the court for ruling is the motion of debtor and defendant Albert Speisman ("Speisman") pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure, Fed.R.Civ.P. 12(b)(6) and 9(b) (made applicable by Fed. R. Bankr.P. 7012(b), 7009), to dismiss the amended adversary complaint of First American Title Insurance Company ("First American"). In the amended complaint, First American alleges that it was required to make...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JACK B. SCHMETTERER, Bankruptcy Judge. This proceeding was tried on remand after appeals to the Seventh Circuit by both parties from a judgment entered following the first trial. The parties rested after further trial on issues remanded, and final arguments were filed in writing. Findings of Fact and Conclusions of Law are hereby made and entered in the following parts: I. Introduction and Summary of Findings and Conclusions ...........2 II....
MEMORANDUM OPINION DONALD R. CASSLING, Bankruptcy Judge. When the owner of a Chapter 11 debtor is also the chief customer of that debtor, does the owner's dual role automatically constitute "cause" for appointing a Chapter 11 trustee under 11 U.S.C. 1104(a)(1) The Debtor's largest secured creditor, Wells Fargo Bank, N.A., urges this Court to answer that question in the affirmative. Wells Fargo also insists that even if the Court's answer is no, the owner should still be replaced with a...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JACK B. SCHMETTERER, Bankruptcy Judge. Pursuant to an Order of Default and because the allegations in the Complaint have been taken as confessed against CitiMortgage, Inc., the following findings of fact and conclusions of law are made and will be entered: 1. On March 14, 2013, the Plaintiffs filed a voluntary petition for relief under U.S.C. Chapter 13. 2. This Honorable Court has jurisdiction over this adversary proceeding pursuant to 157 and...
MEMORANDUM DECISION TIMOTHY A. BARNES, Bankruptcy Judge. The matter before the court arises out of the Motion for Summary Judgment dated January 22, 2013 (the " Motion ") [Adv. Dkt. No. 22] of the Illinois Student Assistance Commission (" ISAC "), seeking summary judgment on all counts of the Complaint for Declaratory Judgment (the " Complaint ") [Adv. Dkt. No. 1] against each of the above-captioned defendant trustees (the " Defendant Trustees "). The Complaint seeks a declaratory judgment...
MEMORANDUM DECISION TIMOTHY A. BARNES, District Judge. The matter before the court arises out of eleven different motions to dismiss filed individually by separate defendants in eleven different causes of action 1 brought by William A. Brandt, jr. as the Plan Administrator (the " Plaintiff " or the " Plan Administrator ") for Equipment Acquisition Resources, Inc. (" EAR " or the " Debtor "). The matter is fully briefed and the court conducted hearings on the matter and considers whether the...
