OPINION AND ORDER CHARLES RONALD NORGLE , District Judge . Plaintiff Gerald Dix ("Plaintiff") brings this action against Defendants Edelman Financial Services, LLC ("Edelman Financial"), Theresa Miller ("Miller"), the Village of Lisle, Lisle Police Officer Rob Sommer ("Sommer"). Village of Lisle Police Officer Sean McKay ("McKay"), Village of Lisle Police Officer Dean Anders ("Anders"), Village of Lisle Police Officer John Doe #3 ("Doe #3"), MJ Suburban, Inc., d/b/a RE/MAX Suburban ("RE/...
MEMORANDUM OPINION PAMELA S. HOLLIS , Bankruptcy Judge . This matter comes before the court on the motion of Defendants Rachel Dennis and R Consulting Company (EOD 102) to dismiss the complaint filed by Brian Audette, Chapter 7 Trustee of the Estate of Concepts America, Inc. In this ruling, the court addresses the Defendants' request to dismiss Counts V and VI. 1 Having reviewed the Third Amended Complaint, the motion to dismiss, and the memoranda filed in support of and in response to...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO SHAW FISHMAN GLANTZ & TOWBIN LLC, ATTORNEYS FOR TRUSTEE, FOR ALLOWANCE AND PAYMENT OF FINAL COMPENSATION AND REIMBURSEMENT OF EXPENSES TIMOTHY A. BARNES , Bankruptcy Judge . TOTAL FEES REQUESTED: $ 400,000.00 TOTAL COSTS REQUESTED: $ 21,244.49 TOTAL FEES REDUCED: $ 0.00 TOTAL COSTS REDUCED: $ 632.69 TOTAL FEES ALLOWED: $ 400,000.00 TOTAL COSTS ALLOWED: $ 20,611.80 TOTAL FEES AND COSTS...
MEMORANDUM OPINION A. BENJAMIN GOLDGAR , Bankruptcy Judge . Before the court for ruling in this chapter 13 case is the objection of unsecured creditor Janet D. Krage to confirmation of debtor Bruno L. Garzon's plan. Krage, Garzon's ex-wife, objects to confirmation on two grounds: (1) Garzon has not filed the case or proposed the plan in good faith; and (2) Garzon's plan does not devote all of his projected disposable income to pay unsecured creditors. The projected disposable income...
Memorandum Opinion Granting Motion to Convert Case to Chapter 7 JACQUELINE P. COX , Bankruptcy Judge . This matter comes before the court on the Chapter 11 Trustee's Motion to Convert Case to Chapter 7. Dkt. No. 173. Gus Paloian was approved to serve as the Chapter 11 Trustee ("Trustee") on August 7, 2018. Dkt. No. 106. Under revised 1112(b)(1), the court must convert a case to chapter 7 or dismiss the case if there is "cause" to do so. In re Aurora Memory Care, LLC, 589 B.R. 631, 638 (...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO SHAW FISHMAN GLANTZ & TOWBIN LLC, ATTORNEYS FOR DEBTOR, FOR ALLOWANCE AND PAYMENT OF FINAL COMPENSATION AND REIMBURSEMENT OF EXPENSES TIMOTHY A. BARNES , Bankruptcy Judge . TOTAL FEES REQUESTED: $ 73,487.00 TOTAL COSTS REQUESTED: $ 1,479.00 TOTAL FEES REDUCED: $ 2,166.10 TOTAL COSTS REDUCED: $ 15.00 TOTAL FEES ALLOWED: $ 71,320.90 TOTAL COSTS ALLOWED: $ 1,464.00 TOTAL FEES...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO RATHJE & WOODWARD, LLC, SPECIAL COUNSEL FOR DEBTOR, FOR ALLOWANCE AND PAYMENT OF FIRST INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES TIMOTHY A. BARNES , Bankruptcy Judge . TOTAL FEES REQUESTED: $ 63,332.00 TOTAL COSTS REQUESTED: $ 2,958.70 TOTAL FEES REDUCED: $ 2,211.60 TOTAL COSTS REDUCED: $ 18.00 TOTAL FEES ALLOWED: $ 61,120.40 TOTAL COSTS ALLOWED: $ 2,940.70 TOTAL...
MEMORANDUM OPINION Donald R. Cassling , United States Bankruptcy Judge . When Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), it imposed new obligations upon "small business" Chapter 11 debtors that were more onerous than those applied to other Chapter 11 debtors. It justified these new burdens as necessary to correct the perceived lack of creditor oversight in small business Chapter 11 cases. H. R. Rep. No. 109-31, pt. 1 at 19 (2005),...
Proposed Findings of Fact and Conclusions of Law as to MMQB, Inc. on Counts 1, 7, 8, and 9 DEBORAH L. THORNE , Bankruptcy Judge . This court, not having the constitutional authority to enter a final judgment against MMQB, Inc. on Counts 1, 7, 8, and 9 of the complaint, hereby offers Parts II, III, IV, VI.a, VI.g.1, VI.h.1, VI.i.1, and VI.r.2 of this court's memorandum opinion as this court's proposed findings of fact and conclusions of law as to MMQB, Inc.'s liability, with this court's...
MEMORANDUM OPINION Honorable Deborah L. Thorne , United States Bankruptcy Judge . Introduction & Background This matter conies before the court upon the motion of the trustee to have default judgments entered against various defaulted Defendants in these proceedings. Namely, the trustee seeks the entry of a default judgment against Zig Zag Corporation (Zig Zag), ZZC, Inc., 1 Michael Wolf, Scott Wolf, Peter Wolf, SHBM, Inc. (SHBM), Hound Ventures, Inc. (Hound Ventures), and MMQB, Inc (...
MEMORANDUM OPINION PAMELA S. HOLLIS , Bankruptcy Judge . This matter comes before the court on the Cross-Motions for Summary Judgment filed by Plaintiff LDR Industries, LLC ("LDR") and Defendant The Hanover Insurance Company ("Hanover"). In the underlying complaint, LDR seeks a declaratory judgment that any obligation it has to Hanover under a certain Customs bond is not secured by a letter of credit. Having reviewed the Joint Statement of Material Facts, the exhibits on the Joint Exhibit...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO HERMAN J. MARINO, LTD., P.C., SPECIAL COUNSEL FOR DEBTOR, FOR ALLOWANCE AND PAYMENT OF FIRST INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES TIMOTHY A. BARNES , Bankruptcy Judge . TOTAL FEES REQUESTED: $ 59,815.00 TOTAL COSTS REQUESTED: $ 2,733.40 TOTAL FEES REDUCED: $ 1,942.50 TOTAL COSTS REDUCED: $ 580.00 TOTAL FEES ALLOWED: $ 57,872.50 TOTAL COSTS ALLOWED: $ 2,153.40 TOTAL FEES AND...
OPINION ON CROSS MOTIONS FOR SUMMARY JUDGMENT [DKT. NOS. 82 & 85] JACK B. SCHMETTERER , United States Bankruptcy Judge . Debtor-Plaintiff Premsagar Mulkanoor ("Plaintiff") filed the instant adversary complaint against Defendants American Home Mortgage Corp. d/b/a HLB Mortgage and Ocwen Loan Servicing, LLC. Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2005-1, as successor to HLB Mortgage was granted leave to intervene as a defendant...
MEMORANDUM OPINION Janet S. Baer , U.S. Bankruptcy Judge . This matter is before the Court on the motion of the Internal Revenue Service (the "IRS") to dismiss the adversary complaint filed by Richard and Elizabeth Reuland. The Reulands' complaint seeks: (1) a determination that certain taxes owed to the IRS were discharged through their chapter 13 bankruptcy case; (2) a permanent injunction against the IRS from collecting such taxes; and (3) attorney's fees and costs. The IRS's motion...
MEMORANDUM OPINION Donald R. Cassling , United States Bankruptcy Judge . A Chapter 7 trustee lacks standing to prosecute a complaint under 11 U.S.C. 523 objecting to the discharge of debts owed to creditors. Does that trustee nevertheless have the authority to bring a motion to extend the time for those creditors to file their own 523 complaints The Fourth Circuit says no, the Sixth Circuit says yes, and the Seventh Circuit has yet to opine on the issue. This Court is persuaded that...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO ROZOVICS GROUP, LLP, ACCOUNTANTS FOR DEBTOR, FOR ALLOWANCE AND PAYMENT OF FIRST INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES TIMOTHY A. BARNES , Bankruptcy Judge . TOTAL FEES REQUESTED: $29,795.50 TOTAL COSTS REQUESTED: $0.00 TOTAL FEES REDUCED: $6,125.00 TOTAL COSTS REDUCED: $0.00 TOTAL FEES ALLOWED: $23,670.50 TOTAL COSTS ALLOWED: $0.00 TOTAL FEES AND COSTS ALLOWED: $23,670.50 The...
MEMORANDUM DECISION TIMOTHY A. BARNES , Judge . This matter comes on for consideration on the Motion of LCP SLJV 2008-1 IL-1, LLC for Entry of an Order (I) Enforcing Confirmation Order; (II) Awarding Damages; and (III) Granting Related Relief [Dkt. No. 4066] (the " Motion ") brought by LCP SLJV 2008-1 IL-1, LLC (" LCP "), the current owner of real property once owned by a non-Debtor (Debtor defined infra ), but related, entity, and assignee of Debtors' personal property in the above-...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER DETERMINING AMOUNT OF COMPENSATORY DAMAGES AWARDED TO RADIO ONE, INC. [DKT. NOS. 203, 206] TIMOTHY A. BARNES , Bankruptcy Judge . TOTAL FEES REQUESTED: $221,102.50 TOTAL COSTS REQUESTED: $35,050.62 TOTAL FEES REDUCED: $ 88,470.00 TOTAL COSTS REDUCED: $28,144.12 TOTAL FEES ALLOWED: $132,632.50 TOTAL COSTS ALLOWED: $ 6,906.50 TOTAL AMOUNT OF AWARD OF DAMAGES: $139,539.00 Before the court is Creditor Radio...
MEMORANDUM OPINION A. Benjamin Goldgar , United States Bankruptcy Judge . Before the court for ruling is the motion of creditor West Suburban Bank (the "Bank") to convert or dismiss the chapter 11 case of debtor Aurora Memory Care, LLC ("AMC") under section 1112(b) of the Bankruptcy Code, 11 U.S.C. 1112(b). For the reasons discussed below, the motion will be granted. Although the Bank prefers dismissal, the case will be converted to chapter 7. 1. Background The facts are drawn from...
MEMORANDUM OPINION Janet S. Baer , United States Bankruptcy Judge . Raymond Michael Chuipek filed an adversary complaint in the chapter 7 bankruptcy case of Scott C. Gilmore, seeking a determination that a judgment debt owed to him by Gilmore is not dischargeable pursuant to 11 U.S.C. 523(a)(6). 1 This matter is now before the Court on Chuipek's motion for summary judgment. For the reasons set forth below, the Court finds that there are no genuine issues of material fact and that...
