MEMORANDUM OPINION DONALD R. CASSLING , Bankruptcy Judge . This matter comes here on the complaint filed by Justin M. Cyrnek ("Plaintiff") against Adam Oliva ("Defendant"), seeking to except from discharge a $204,000 debt Defendant owes him under 11 U.S.C. 523(a)(2)(A). (Dkt. No. 1.) For the following reasons, the Court finds that, except for the $13,000 Defendant has previously paid Plaintiff, the $204,000 debt Defendant owes Plaintiff is nondischargeable under 523(a)(2)(A)....
MEMORANDUM OPINION ON MOTION TO DISMISS [DKT. NO. 41] JACK B. SCHMETTERER , Bankruptcy Judge . Krishna Kurapati, individually, and the Kurapati 1999 Family Trust (collectively, " Defendants ") now move to dismiss the adversary proceeding brought against them by Amherst Partners LLC, solely as Liquidating Trustee of the Quadrant 4 Liquidating Trust (" Plaintiff "). For reasons articulated below, Defendants' Motion to Dismiss Adversary Complaint (the " Motion to Dismiss ") will be DENIED...
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; 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 " Adversary...
MEMORANDUM OPINION Deborah L. Thorne , United States Bankruptcy Judge . This matter comes before the court on a motion to dismiss the adversary complaint filed by 3991 Transport Company, Inc., (Debtor), which seeks to avoid the transfer to Carolyn Alexander (Alexander) of certain property located at 323 Dover Drive, Des Plaines, Illinois (Property). The transfer of the Property was ordered by the Domestic Relations Division of the Circuit Court of Cook County after a contested proceeding...
MEMORANDUM OPINION Janet S. Baer , Bankruptcy Judge . This matter is before the Court for ruling on the motion for entry of an order of contempt filed by debtor Fayyaz Karim ("Karim") against the Illinois Department of Revenue ("IDOR"). 1 Karim alleges that IDOR violated the discharge injunction by attempting to collect a debt that had been discharged. He seeks an order finding IDOR in contempt and awarding monetary sanctions. IDOR maintains that it did not violate the discharge...
MEMORANDUM OPINION Jacqueline P. Cox , United States Bankruptcy Judge . Mar-Bow Value Partners, LLC ("Mar-Bow") seeks leave to file, as an amicus, a brief to reopen these cases pursuant to 11 U.S.C. 105(a) and 350(b) as well as Federal Rule of Civil Procedure 60 (made applicable to cases under the Bankruptcy Code by Fed. R. Bank. P. 9024). Rule 60 provides for relief from final judgments in cases of mistake, newly discovered evidence, fraud and any other reason that justifies relief....
MEMORANDUM OPINION ON: (1) DEBTOR'S MOTION TO REDEEM PROPERTY TAXES AND MOTION TO APPROVE DEBTOR TO PAY COOK COUNTY [DKT. NOS. 98 & 100]; (2) NEWLINE HOLDINGS, LLC'S OBJECTION TO CONFIRMATION OF PLAN [DKT. NO. 92]; AND (3) NEWLINE HOLDINGS, LLC'S MOTION TO DISMISS [DKT. NO. 90] JACK B. SCHMETTERER , Bankruptcy Judge . Debtor Thomas Thompson (" Debtor ") now moves to redeem past due property taxes directly to the Cook County Clerk. In turn, Creditor Newline Holdings, LLC (" Creditor ")...
MEMORANDUM OPINION A. Benjamin Goldgar Chief United States Bankruptcy Judge . Before the court for ruling is chapter 13 debtor Joseph Van's objection to the amended claim of DuPage County Treasurer Gwen Henry for 2012-15 property taxes. The claim (No. 5-1) amended an earlier claim that sought payment only of the 2015 taxes. The Treasurer amended her claim because the 2012-14 taxes had been sold — but the state court had issued declarations of sales in error, and the Treasurer had repaid...
