MEMORANDUM DECISION TIMOTHY A. BARNES , Judge . The matter before the court arises out of the Complaint Objecting to the Discharge of Debt Owed to A & H Caring Connections, Inc. [Adv. Dkt. No. 1] (the "Complaint"), filed by Hassan A. Muhammad (the "Plaintiff") in the above-captioned adversary proceeding (the "Adversary"), seeking a determination of dischargeability of debt under section 523(a) of the Bankruptcy Code (as defined below) against the debtor, Byron F. Reed (the "Debtor"),...
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW SCHMETTERER , Bankruptcy Judge . A. The Parties 1. The Debtor is Robert M Jones ("Debtor"). 2. The Creditor is U.S. Small Business Administration ("Creditor"). B. Factual Background 1. On or about October 20, 2014, Debtor filed a petition for relief under Chapter 13 of the Bankruptcy Code. 2. Debtor owns the real estate commonly known as 11956 S. Halsted St., Chicago, IL 60628. 3. JPMorgan Chase Bank, N.A. holds a first mortgage...
MEMORANDUM OPINION A. Benjamin Goldgar , United States Bankruptcy Judge . Before the court for ruling are two motions of debtors Caesars Entertainment Operating Co., Inc. ("CEOC") and some of its subsidiaries to enforce the automatic stay against the Board of Trustees of the National Retirement Fund and the National Retirement Fund itself (collectively, the "NRF"). The NRF is a pension fund that sponsors a plan in which five Caesars companies were participating employers. The first motion...
MEMORANDUM OPINION ON DEBTOR'S THIRD OMNIBUS OBJECTION TO CLAIMS Jack B. Schmetterer , United States Bankruptcy Judge . Debtor has filed Objections and Notice of Objections consisting of the Third Omnibus Objection to Claims asserting lack of liability. Notice was given to claimants and their representatives of a date by which responses to the Objections had to be filed. None of the claimants filed any response. The following claims are involved: No. Claimant...
MEMORANDUM OPINION ON TRUSTEE'S MOTION TO DISMISS FOR INELIGIBILITY Jack B. Schmetterer , United States Bankruptcy Judge . Faye T. Pantazelos ("Debtor") filed her petition seeking bankruptcy relief under Chapter 13 on March 13, 2015. Debtor's original Schedule F scheduled unsecured debts of $404,888.22, but was later amended to include a total unsecured debt of $291,561.11. Schedule F listed a "[p]otential claim from the closure of New Century Bank; covered by Director/Officer Liability...
MEMORANDUM OPINION ON TRUSTEE'S MOTION TO APPROVE SETTLEMENT AND OBJECTION THERETO JACK B. SCHMETTERER , Bankruptcy Judge . Before the court for ruling is the motion of chapter 7 trustee Robert B. Katz ("Trustee") the settlement of all claims between the estate on the one hand, and Baby SuperMall LLC ("BSM") and Edward R. Shrock ("Shrock") on the other. Creditor Ungaretti & Harris LLP ("U&H") filed an Objection to the Trustee's motion. The parties have fully briefed the matter and the...
MEMORANDUM OPINION ON SCHAUMBURG BANK'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION Jack B. Schmetterer , United States Bankruptcy Judge . This adversary proceeding arises out of and relates to the chapter 11 case of Settlers' Housing Service, Inc. ("Settlers" or "Debtor"). Before the court for ruling is the motion of Schaumburg Bank & Trust Company, N.A. ("Schaumburg Bank" or "Defendant") to dismiss Debtor's Third Amended Complaint for Equitable Subordination and Other...
MEMORANDUM OPINION ON DEBTOR'S OBJECTION TO CLAIM NO. 22 JACK B. SCHMETTERER , Bankruptcy Judge . Ihassan F. Dahleh ("Debtor") has objected to allowance of Claim No. 22 of Marc Mustafa ("Claimant"). Claimant filed timely proof of claim in the amount of $190,000 identifying the source of the claim as "wages." Debtor's Objection argues that Claim No. 22 should be disallowed because Claimant's proof of claim fails to provide evidence that this liability exists, and further asserts that...
MEMORANDUM OPINION Carol A. Doyle , United States Bankruptcy Judge . Deborah Ebner, the trustee in the chapter 7 bankruptcy case of Jacqueline Beatty, filed an adversary proceeding against Jacqueline's daughters, Elizabeth Beatty and Emily Beatty. The trustee seeks to avoid and recover an allegedly fraudulent transfer of a death benefit that Elizabeth and Emily received from the retirement plan of their father, Judge Joseph Beatty. The trustee filed a motion for summary judgment;...
MEMORANDUM OPINION Janet S. Baer , Bankruptcy Judge . Joan Galloni (the "Plaintiff") filed an adversary complaint in the bankruptcy case of Kevin J. Barry (the "Debtor"), seeking a determination that a judgment debt owed to her by the Debtor and the Barry Law Group, P.C. (the "Barry Law Group") is not dischargeable pursuant to 11 U.S.C. 523(a)(4) and (a)(6). 1 According to the Plaintiff, the debt should be excepted from discharge based on the Debtor's purported misconduct in connection...
MEMORANDUM OPINION Carol A. Doyle , United States Bankruptcy Judge Deborah Edwards, a chapter 13 debtor, filed an adversary complaint against LVNV Funding, LLC and Resurgent Capital Services, LP. She alleges that they violated provisions of the Fair Debt Collections Practices Act ("FDCPA") by filing proofs of claim to collect debts that are barred by the statute of limitations. Both defendants moved to dismiss the remaining two counts of the complaint under Rule 12(b)(6) of the...
MEMORANDUM OPINION Thomas M. Lynch , United States Bankruptcy Judge . This matter comes before the court on the complaint by the United States Trustee objecting to the discharge of the Debtors under 11 U.S.C. 727(a)(2) and (a)(4). For the reasons stated below, the court sustains the objections raised in Counts I, III and IV of the complaint and denies the Debtors' discharge. Count II will be dismissed without prejudice as moot. 1 JURISDICTION Discharge is a right that is expressly...
MEMORANDUM OPINION PAMELA S. HOLLIS , United States Bankruptcy Judge . This matter comes before the court following trial on the complaint filed by the Official Committee of Unsecured Creditors of Bridgeview Aerosol, LLC (the " Committee ") against John Romano and Linda Romano (" John, " " Linda " or the " Romanos ") and two corporate entities controlled by them, The Fountainhead Group, Inc. (" Fountainhead ") and Bunno Boarding, LLC (" Bunno ") (collectively, " Defendants "). The court...
FINDINGS OF FACT, AND CONCLUSIONS OF LAW JACK B. SCHMETTERER , Bankruptcy Judge . This matter is before the Court on plaintiff, Minnesota Department of Employment and Economic Development, Motion for Default Judgment. The defendant, Mark Anthony Hudley did not file an Answer to the Complaint. All allegations are as confessed against the defendant. The Court having examined the record, and the plaintiff's Motion and Supporting Affidavit; and Memorandum of Law, NOW THEREFORE, THE COURT...
MEMORANDUM OPINION ON ALL FINAL OBJECTIONS TO MARTHA MAGGIORE'S PRIORITY PROOF OF CLAIM JACK B. SCHMETTERER , United States Bankruptcy Judge . Robert Meier's ("Robert") bankruptcy case was filed on March 20, 2014 as a Chapter 11. It was converted to Chapter 7 on December 12, 2014. While the case was in Chapter 11, Robert did not make any payments to Martha Maggiore (formerly Martha Meier, herein, "Martha") for support as required by his divorce. A previous opinion, following a trial,...
MEMORANDUM OPINION JACQUELINE P. COX , Bankruptcy Judge . This matter is before the Court on Freeborn & Peters LLP's ("Freeborn") Motion For Award of Compensation and Reimbursement of Expenses and Allowance of Administrative Expense ("Fee Application") for post-petition, pre-conversion services. The Chapter 7 Trustee, Catherine L. Steege, Esq. ("Trustee"), and Sixty Thirty Condominium Association ("Condo Association") filed separate objections to Freeborn's Fee Application. On May 12,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JACK B. SCHMETTERER , Bankruptcy Judge . FINDINGS OF FACT A. The Parties 1. The Debtor is Delena Youngblood-London. 2. The Creditor is U.S. Bank National Association. B. Factual Background 1. On or about 10/31/2014, Debtor filed a petition for relief under Chapter 13 of the Bankruptcy Code. 2. The Debtor owns the real estate commonly known as 10619 s. Eggleston Avenue, Chicago, IL 60628. 3. That U.S. Bank National Association holds a first...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JACK B. SCHMETTERER , Bankruptcy Judge . Following trial both parties rested and argued by written submissions. The following Findings of Fact and Conclusions of Law are now made and entered. Defendant filed only a Trial Memorandum by way of his argument and did not file proposed findings of fact as ordered. Defendant thereby failed to challenge findings proposed by Plaintiff except as he may have impliedly done so in his Trial Memorandum....
Amended Memorandum of Decision on Entry of Final Judgment and Motions for Sanctions EUGENE R. WEDOFF , Bankruptcy Judge . These adversary proceedings, filed in a voluntary Chapter 7 bankruptcy case, are before the court for decision after trial. The debtor in the bankruptcy case, Chicago Management Consulting Group, Inc. (CMCG), is an Illinois corporation that provided consulting services related to information technology, principally to BP America. The defendants in the adversary...
MEMORANDUM OPINION Thomas M. Lynch , United States Bankruptcy Judge . Chardon, LLC and the seven affiliated entities who commenced voluntary Chapter 11 cases 2 seek to employ attorneys Neal L. Wolf and associated attorneys as bankruptcy counsel pursuant to 11 U.S.C. 327(a). (EFC No. 56.) The United States Trustee and a secured creditor, FirstMerit Bank, N.A., object. For the reasons set forth herein, the Chardon Corporate Debtors' application is GRANTED. JURISDICTION The application...
