MEMORANDUM OPINION DENYING DEBTOR'S MOTION TO VACATE THE ORDER DISMISSING THE CHAPTER 7 CASE WITH PREJUDICE AND BARRING DEBTOR FROM REFILING ANOTHER CASE FOR TWO YEARS DONALD R. CASSLING , Bankruptcy Judge . On September 10, 2019, the Court granted the United States Trustee's motion to dismiss the Debtor's current Chapter 7 case under 11 U.S.C. 707(a) with prejudice under 11 U.S.C. 349(a) and to bar her from refiling another bankruptcy case for two years. (Dkt. No. 21.) The Debtor...
Memorandum Opinion Jacqueline P. Cox , United States Bankruptcy Judge . I. General Background The Plaintiff, Steven Pavletich ("Steven"), and the Defendant, Karen S. Rose ("Karen" and the "Debtor"), are long-time residents of Elk Grove Village, Illinois. The Village maintains a social media site on Facebook that informs residents of various issues and events. It allows residents to post commentary on it and to engage in discussions. 1 Steven alleges that Karen posted claims that Steven...
MEMORANDUM OPINION PAMELA S. HOLLIS , Bankruptcy Judge . This matter comes before the court following trial on Plaintiff Ruben Franchini's complaint against Debtor/Defendant Julio A. Montenegro, Sr. In the complaint, Franchini seeks to except his claim against Montenegro from discharge pursuant to 11 U.S.C. 523(a)(4) and (a)(6). 1 Having heard the testimony of witnesses and reviewed the exhibits, the court finds in favor of Franchini. Montenegro's debt to Franchini, in an amount...
MEMORANDUM OPINION A. Benjamin Goldgar , United States Bankruptcy Judge . Michael Hughes owned and operated a produce company, National Produce Sales. From 2012 to 2017, National Produce placed orders with CR Farms for several hundred thousand dollars of potatoes and onions. CR Farms shipped the potatoes and onions, but National Produce failed to pay for more than $400,000 of the shipments. Eventually, National Produce went out of business, and Hughes ended up in bankruptcy. CR Farms then...
MEMORANDUM OPINION ON MOTION TO ALTER OR AMEND [DKT. NO. 76] JACK B. SCHMETTERER , Bankruptcy Judge . Debtor Kristine Shuey (" Debtor ") now moves to alter or amend the Opinion on Remand [Dkt. No. 73] and Order on Remand [Dkt. No. 75]. For reasons articulated below, Debtor's Rule 9023 Motion to Alter or Amend Ruling and Order (the " Motion to Alter or Amend ") [Dkt. No. 76] will be DENIED by separate order to be entered concurrently herewith. BACKGROUND A. Case History This case has a...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO R. SCOTT ALSTERDA AND NIXON PEABODY LLP, COUNSEL FOR THE TRUSTEE, FOR ALLOWANCE AND PAYMENT OF FINAL COMPENSATION AND REIMBURSEMENT OF EXPENSES TIMOTHY A. BARNES , Bankruptcy Judge . TOTAL FEES REQUESTED: $10,710.00 TOTAL COSTS REQUESTED: $24.35 TOTAL FEES REDUCED: $112.50 TOTAL COSTS REDUCED: $0 TOTAL FEES ALLOWED: $10,597.50 TOTAL COSTS ALLOWED: $24.35 TOTAL FEES AND...
MEMORANDUM OPINION The Honorable LaShonda A. Hunt , United States Bankruptcy Judge . This matter is before the court for ruling following an evidentiary hearing on motions for sanctions and examination of fees filed by Patrick S. Layng, the United States Trustee for Region 11 ("UST"), against Law Solutions Chicago LLC d/b/a Upright Law LLC ("Upright"), Jason Allen ("Allen"), Kevin Chern ("Chern"), and David Gallagher ("Gallagher"). 1 Allen and Chern were principal owners/managers of...
Findings of Fact and Conclusions of Law in Support of Order Awarding Sugar Felsenthal Grais & Helsinger LLP, Attorneys for the Debtor, Payment of Final Application of Compensation and Reimbursement of Expenses JACQUELINE P. COX , Bankruptcy Judge . Total Fees Requested: $930,567.00 Total Expenses Requested: $13,819.07 Fees Disallowed: 0 Expenses Disallowed: $43.84 Total Fees Allowed: $930,567.00 Total...
MEMORANDUM DECISION 1 TIMOTHY A. BARNES , Judge . Before the court is the Second Amended Adversary Complaint to Determine the Dischargeability of Certain Debts [Adv. Dkt. No. 47] 2 (the " Complaint "), filed by the plaintiff-debtor, Jeffrey Michael Davis (the " Plaintiff "), seeking a determination that his outstanding student loan obligations to multiple entities, including the United States Department of Education (the " Department of Education "), Educational Credit Management...
MEMORANDUM OPINION ON MOTION TO DETERMINE MORTGAGE FEES [DKT. NO. 152] JACK B. SCHMETTERER , Bankruptcy Judge . Debtor Karen C. Yotis (the " Debtor ") now moves to determine certain post-petition fees and expenses of creditor Oxford Bank and Trust (" Oxford "). For reasons articulated below, Debtor's Motion to "Determine" (and disallow) Mortgage Fees and Expenses of Oxford Bank and Trust Pursuant to Rule 3002.1(e) (the " Second Motion to Determine Fees and Expenses ") will be DENIED by...
MEMORANDUM OPINION CAROL A. DOYLE , Bankruptcy Judge . Ronald Peterson is the chapter 7 trustee in seven related bankruptcy cases that are jointly administered under the lead case of Mack Industries, Ltd. Peterson filed over 400 similar adversary proceedings seeking to: (1) avoid preferential transfers under 11 U.S.C. 547, (2) avoid fraudulent transfers under 11 U.S.C. 544 and 548 and the Illinois Uniform Fraudulent Transfer Act ("IUFTA"), and (3) disallow claims under 502. Jan...
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR DEFAULT JUDGMENT JACK B. SCHMETTERER , Bankruptcy Judge . Upon review of the record, including: Plaintiff's Complaint; Summons Executed; Motion for Default with supporting exhibits and affidavits; Certificate of Service of Motion for Default; and Order of Default, the Court makes the following findings of fact and conclusions of law: Procedural History 1. This Court has subject matter jurisdiction over this adversary proceeding (the "...
MEMORANDUM OPINION Janet S. Baer , United States Bankruptcy Judge . This matter comes before the Court on the motion filed by Gina B. Krol (the "Trustee"), chapter 7 trustee for the bankruptcy estate of Gerald O. McInerney (the "Debtor"), for turnover of the estate's interest in the Debtor's federal and state income tax refunds for 2016 pursuant to 11 U.S.C. 541 and 542. 1 At issue is the proper allocation of those income tax refunds filed jointly by the Debtor and his non-debtor...
MEMORANDUM OPINION (DOCKET NO. 43) JACQUELINE P. COX , Bankruptcy Judge . Before the court for ruling in this chapter 11 case is a motion for relief from the automatic stay by Elisa Posner ("Elisa"). The court will grant the motion for the reasons provided below. I. Jurisdiction This court has jurisdiction to hear this matter pursuant to 28 U.S.C. 1334(a). This matter concerns the application of the automatic stay — a core proceeding pursuant to 28 U.S.C. 157(b)(2)(G). Venue is...
MEMORANDUM OPINION ON MOTION TO DISMISS [DKT. NO. 5] Jack B. Schmetterer , United States Bankruptcy Judge . Dragan Micic (the " Defendant ") moved to dismiss the adversary proceeding filed by Tomasz Markut (the " Plaintiff "). For reasons articulated below, Defendant's Motion to Dismiss Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and Federal Rule of Bankruptcy Procedure 7012 (the " Motion to Dismiss ") will be DENIED by separate order to be entered concurrently...
MEMORANDUM OPINION Carol A. Doyle , United States Bankruptcy Judge . Chapter 13 debtor Shuntavia Wigfall moves to avoid the lien of the City of Chicago on her car. She asserts that it is a judicial lien that can be avoided under 522(f) of the Bankruptcy Code because it impairs her exemption in the car. The City contends that its lien is not avoidable under 522(f) because it is a statutory lien, not a judicial lien. The debtor is correct. The City holds a judicial lien that may be...
MEMORANDUM OPINION Thomas M. Lynch , United States Bankruptcy Judge . Jerome Davis and Lynne-Ternoir Davis have removed a foreclosure action pending in state court to this court by notice under 28 U.S.C. 1452. 1 The plaintiff in that action, CitiMortgage, Inc. ("CMI"), moves to remand that case, arguing that this court lacks federal question jurisdiction over the action pending in McHenry County, Illinois. (ECF No. 9.) For the reasons stated below, the court finds that it lacks subject...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO RIEMER & BRAUNSTEIN LLP, COUNSEL TO THE DEBTOR, FOR ALLOWANCE AND PAYMENT OF FINAL COMPENSATION AND REIMBURSEMENT OF EXPENSES TIMOTHY A. BARNES , Bankruptcy Judge . TOTAL FEES $ 347,621.15 TOTAL COSTS $ 18,719.83 REQUESTED: REQUESTED: TOTAL FEES REDUCED: $ 4,460.50 TOTAL COSTS REDUCED: $ 1,511.36 TOTAL FEES ALLOWED: $ 343,160.75 TOTAL...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO ASI ADVISORS, LLC, FINANCIAL ADVISOR TO THE DEBTOR, FOR ALLOWANCE AND PAYMENT OF FINAL COMPENSATION AND REIMBURSEMENT OF EXPENSES TIMOTHY A. BARNES , Bankruptcy Judge . TOTAL FEES REQUESTED: $ 37,233.75 TOTAL COSTS REQUESTED: $ 280.00 TOTAL FEES REDUCED: $ 112.50 TOTAL COSTS REDUCED: $ 0.00 TOTAL FEES ALLOWED: $ 37,121.25 TOTAL COSTS ALLOWED: $ 280.00 TOTAL FEES AND...
MEMORANDUM DECISION Timothy A. Barnes , United States Bankruptcy Judge . This matter comes before the court on the Amended Adversary Complaint Seeking Injunctive Relief [Adv. Dkt. No. 3] (the " Amended Complaint ") and the Motion for Preliminary Injunction [Adv. Dkt. No. 6] (the " Motion ") brought by the plaintiff Aire Serv LCC (" Aire Serv ") against the defendant-debtor Joseph F. Roberts (" Joseph "). For the reasons set forth more fully below, upon review of the respective filings,...
