MEMORANDUM OPINION Thomas M. Lynch , United States Bankruptcy Judge In this Adversary Proceeding BMO Harris Bank, NA. seeks a determination that it is entitled to $313,950.46 in net sales proceeds from the sale of two gas stations owned and operated by the Debtor. BMO Harris now moves for summary judgment on its claims. The Illinois Department of Revenue ("IDOR") seeks summary judgment on its counterclaim for a determination that its interests in the gas station properties are...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON DEBTOR'S ADVERSARY COMPLAINT TO AVOID AND RECOVER PREFERENCE AND OTHER RELIEF (COUNT 1) Jack B. Schmetterer , United States Bankruptcy Judge . Faye T. Pantazelos filed a petition for bankruptcy relief under Chapter 13 of Bankruptcy Code. She then brought this adversary proceeding against her former attorneys in prior bankruptcy cases, J. Kevin Benjamin, Theresa Benjamin, and the firm of Benjamin Brand, LLP, seeking: (Count 1) avoidance and...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION TO VACATE (Adv. 16 A 136, Dkt. No. 95). JACK B. SCHMETTERER , Bankruptcy Judge . Defendant has moved (Dkt. 95) to vacate the order entered on December 15, 2016 (Dkt. No. 91) which allowed Defendant's discovery to go forward. Defendant now relies on an earlier Motion (Dkt. No. 79), which Defendant asserts was not yet ruled on. The Opinion and Order complained of made reference to a different Motion of Defendant (Dkt. No. 70). The...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JACK B. SCHMETTERER , Bankruptcy Judge . On December 15, 2016, Nicanor De La Torre and Ofelia De La Torre, ("Debtors" or "Plaintiffs"), came before this Court for hearing upon proper notice. The Court having reviewed and considered the Complaint and Exhibits attached thereto and being otherwise fully advised in the premises and having entered an Order of Default, now makes and enters the following Finding of Facts and Conclusions of Law and...
MEMORANDUM OPINION AND ORDER 1. Plaintiffs' Joint Motion to Conduct Additional Discovery (Adv. 16 A 136, Dkt. No. 86) 2. Defendant's Motion to Dismiss, Bar, Discovery, for Sanctions, etc. (Adv. 16 A 136, Dkt. No. 70) 1 JACK B. SCHMETTERER , Bankruptcy Judge . BACKGROUND Plaintiffs seek to bar discharge of Defendant, asserting a number of grounds. After extensive discovery under Rule 2004, Fed. R. Bank. P., Plaintiffs filed their Adversary Complaints earlier this year. The two...
MEMORANDUM OPINION Janet S. Baer , United States Bankruptcy Judge . Plaintiff John H. Sammarco, one-time business partner of debtor-defendant David L. Dini, filed a nine-count adversary complaint against Dini, seeking a determination that he is not entitled to a discharge pursuant to 11 U.S.C. 727(a)(2), (a)(3), (a)(4), and (a)(7). 1 This matter is now before the Court on the claims that remain at issue in the complaint, those in Counts I, V, and VII. For the reasons set forth below,...
MEMORANDUM DECISION TIMOTHY A. BARNES , United States Bankruptcy Judge . The limited issue before the court arises after the appeal of this court's Order Granting Motion of United Central Bank for Allowance of Secured Claim and Turnover of Collateral Proceeds [Dkt. No. 271] (the " UCB Order ") and Order [Dkt. No. 268] (the " IDOR Order "), each implementing in part this court's Memorandum Decision [Dkt. No. 267] (the " Proceeds Opinion "). 1 The Proceeds Opinion resolved two competing...
MEMORANDUM DECISION TIMOTHY A. BARNES , Judge . The matter before the court arises out of the First Amended Complaint Objecting to Discharge and Dischargeability Pursuant to 11 U.S.C. 727(a)(2)(A) and 11 U.S.C. 727(a)(4)(A) [Adv. Dkt. No. 8] (the " Amended Complaint "), filed by Monty Titling Trust I (" Monty ") in the above-captioned adversary proceeding (the " Adversary "), objecting to the discharge of Torrance R. Granrath (the " Debtor "). In Count I, Monty alleges that the court...
MEMORANDUM OPINION PAMELA S. MOLLIS , United States Bankruptcy Judge . This matter comes before the court following trial on the complaint brought by Plaintiff Aliza Korrub against Defendant Edward T. Cohn, seeking a finding that the debt Cohn owes to Korrub is nondischargeable pursuant to 11 U.S.C. 523(a)(2)(A), (a)(4) and (a)(6), and that Cohn's discharge should be denied pursuant to 11 U.S.C. 727(a)(3), (a)(4)(A) and (a)(6)(A). Korrub also requested an award of attorney's fees and...
MEMORANDUM OF DECISION ON TRUSTEE'S FIFTH OMNIBUS OBJECTION TO CLAIMS [DKT. NO. 1056] JACK B. SCHMETTERER , Bankruptcy Judge . Gus A. Paloian, not individually but solely as Chapter 7 Trustee (the "Trustee") of the bankruptcy estate of GGSI Liquidation, Inc., has filed Objections and Notice of Objections joined in the Fifth Omnibus Objection to Claims. Objections seek to disallow certain claims in their entirety for one of the following bases: (1) claim is duplicative of another claim...
MEMORANDUM OPINION THOMAS M. LYNCH , Bankruptcy Judge . Movant SummitBridge National Investments III LLC ("SummitBridge") seeks to reopen this jointly administered Chapter 11 case, in which a plan was confirmed and final decree entered, for the sole purpose of then dismissing the case. SummitBridge alleges that RBS Citizens, N.A. ("RBS Citizens"), whose claim was allowed and provided for in the confirmed Chapter 11 plan, transferred its interest after the closure of the bankruptcy case to...
MEMORANDUM OF DECISION ON DEBTORS' OBJECTION TO CLAIM NO. 6 [DKT. NO. 31] JACK B. SCHMETTERER , Bankruptcy Judge . Adriana Velazquez and Daniel Velazquez ("Debtors") object to allowance of Claim No. 6 of Salvador Sanchez. Debtors filed a joint petition for relief under Chapter 13 of the Bankruptcy Code on May 19, 2016. The deadline for creditors to file a proof of claim in the Debtors' bankruptcy claim was September 19, 2016. ( See Notice of Chapter 13 Bankruptcy Case, Dkt. No. 8, item 8.)...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JACK B. SCHMETTERER , Bankruptcy Judge . A. The Parties 1. The Plaintiff is Nelson C Payne ("Plaintiff"). 2. The Creditor is Specialized Loan Servicing LLC ("Creditor"). B. Factual Background 1. On or about April 29, 2016, Plaintiff filed a petition for relief under Chapter 13 of the Bankruptcy Code. 2. Plaintiff owns the real estate commonly known as 8010 S. Marshfield Avenue, Chicago, IL 60620. 3. Bank of America holds a first mortgage lien...
MEMORANDUM OPINION Janet S. Baer , United States Bankruptcy Judge . Chicago Patrolmen's Federal Credit Union filed an adversary complaint against the Debtor seeking a determination that a debt owed to it by the Debtor is nondischargeable pursuant to 11 U.S.C. 523(a)(2). 1 For the reasons set forth below, the Court finds that the Plaintiff has failed to meet its burden to establish the elements required under that statutory exception. As such, the debt at issue will not be excepted...
MEMORANDUM OPINION Thomas M. Lynch , United States Bankruptcy Judge . Danny Carney purchased Riverside Pub, a bar and grill located in Sycamore, Illinois, from Perry's Riverside Pub, Inc. in October 2009. Perry C. Spohn was the seller's president. The parties agreed to a purchase price of $100,000 to be paid in monthly installments through November 2019. Mr. Carney, who appears to have had no appreciable prior experience running a business — let alone a restaurant — took possession,...
MEMORANDUM OPINION Thomas M. Lynch , United States Bankruptcy Judge . The Debtors seek to hold CitiMortgage, Inc. in civil contempt for violating their discharge and the terms of their confirmed and completed Chapter 13 plan when the creditor re-recorded an improperly recorded pre-petition mortgage in the correct county and commenced a state court complaint to foreclose on that mortgage. For the reasons set forth below, the Debtors' Petition For Rule To Show Cause Against CitiMortgage For...
MEMORANDUM DECISION Timothy A. Barnes , United States Bankruptcy Judge . This matter comes on for consideration on USCO, S.p.A.'s Amended Motion for Order Granting Protection under 11 U.S.C. 1522 [Dkt. No. 64] (the " Amended Motion "), brought by USCO, S.p.A. (" USCO "), a creditor in the above-captioned chapter 15 case. The Amended Motion is opposed by Sooan Cho, the foreign representative (the " Foreign Representative ") of Ace Track Co., Ltd. (the " Debtor "), and by Valuepart, Inc. (...
MEMORANDUM OPINION Thomas M. Lynch , United States Bankruptcy Judge . The Rock River Water Reclamation District is an Illinois Sanitary District that that manages and reclaims wastewater for residential, industrial and business properties located throughout greater Rockford. These properties include two gas station convenience stores originally constructed, owned and operated by the Debtor, Vista Marketing Group Ltd. On January 3, 2013, after notice and a hearing, this Court approved the...
Amended Memorandum Opinion JACQUELINE P. COX , Bankruptcy Judge . I. Jurisdiction Bankruptcy courts have authority by statute to "hear and determine all cases under title 11 and all core proceedings arising under title 11, or arising in a case under title 11, referred under subsection (a) . . . and may enter appropriate orders and judgments, subject to review under section 158 of this title." 28 U.S.C. 157(b)(1). Core proceedings include motions to terminate, annul, or modify the...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON NICOR GAS'S COMPLAINT OBJECTING TO DISCHARGE PURSUANT TO 11 U.S.C. 523(a)(4) JACK B. SCHMETTERER , Bankruptcy Judge . Plaintiff Nicor Gas commenced this adversary proceeding against the debtor in bankruptcy, Linda F. Simmons, to determine the dischargeability of a debt. Nicor Gas's complaint alleged that, after Simmons's gas service was shut off for non-payment and her meter removed, she diverted gas into her apartment by running a straight pipe...
