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...
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 "...
