Amended Memorandum Opinion on Motions to Dismiss (Dkt. Nos. 34 and 40) JACQUELINE P. COX , Bankruptcy Judge . Introduction Lord Abbett Municipal Income Fund, Inc. — Lord Abbett High Yield Municipal Bond Fund ("Lord Abbett") and United States Trustee Patrick Layng ("U.S. Trustee") separately seek the dismissal of this bankruptcy case on the basis that the Debtor, the Lombard Public Facilities Corporation ("LPFC" or the "Debtor"), is ineligible to be a debtor under chapter 11 of title 11...
MEMORANDUM OPINION Janet S. Baer , Bankruptcy Judge . This matter is before the Court for ruling on the chapter 13 trustee's motion to dismiss the case of Christopher V. Pratola pursuant to 11 U.S.C. 1307(c). 1 The trustee asserts that there is cause for dismissal because Pratola owes unsecured debt in excess of the $394,725 limit set forth in 109(e). For the reasons set forth below, the motion to dismiss will be denied. JURISDICTION The Court has jurisdiction over this matter...
MEMORANDUM DECISION TIMOTHY A. BARNES , Judge . Before the court is Atlas's Request for Payment of an Administrative Expense [Dkt. No. 171] (the " Application ") brought by Atlas Toyota Material Handling, LLC (" Atlas ") in the above-captioned bankruptcy case (the " Case "). The Application is opposed by David R. Herzog (the " Trustee "), the chapter 7 trustee of Stainless Sales Corporation (the " Debtor "). This matter raises the question of how, if at all, a bankruptcy estate may be held...
MEMORANDUM DECISION TIMOTHY A. BARNES , Judge . Before the court are two motions to dismiss (the " Motions to Dismiss "), 1 brought respectively by First Nations (defined in footnote) 2 and Anthony M. and Virginia J. Montemurro (the " Debtors " and collectively with First Nations, the " Movants "). The Motions to Dismiss seek dismissal of the Complaint to Determine Extent and Priority of Lien [Adv. Dkt. No. 1] (the " Complaint ") filed by Walden Investments Group, LLC (" Walden ") in the...
MEMORANDUM OPINION ON THE DEBTOR'S MOTION FOR TURNOVER [DKT. NO. 22] JACK B. SCHMETTERER , Bankruptcy Judge . This matter originally came before the Court on the Debtor's Motion for Turnover. Debtor Charnette Walker's ("Debtor") Motion to Compel Turnover. In open court on December 18, 2017, an outline of the Opinion now granting that motion was announced. Though Debtor has since withdrawn her Motion evidently having made peace with the City, the previously announced Opinion is being...
MEMORANDUM OPINION Janet S. Baer , United States Bankruptcy Judge . Mark Simon filed an adversary complaint against Constantino Joseph Boccarsi and Cari Ann Coglianese (the "Debtors"), seeking a determination that a judgment debt owed to him by the Debtors is not dischargeable pursuant to 11 U.S.C. 523(a)(2)(A), (a)(4), and (a)(19). 1 This matter is now before the Court on Simon's motion for summary judgment on his securities fraud claim under 523(a)(19). 2 For the reasons set forth...
MEMORANDUM OPINION ON DEBTOR'S MOTION TO COMPEL TURNOVER OF VEHICLE [DKT. NO. 11] JACK B. SCHMETTERER , Bankruptcy Judge . Debtor Charnette Walker ("Debtor" or "Movant") has moved to compel the City of Chicago ("the City") to (1) disclose the amount of storage and repossession costs and (2) release Debtor's vehicle upon payment of said costs. For the reasons discussed below, Debtor's motion will be granted. UNDISPUTED FACTS 1. Debtor filed her Chapter 13 bankruptcy petition on November...
Memorandum Opinion on Motions to Dismiss (Dkt. Nos. 34 and 40) JACQUELINE P. COX , Bankruptcy Judge . Introduction Lord Abbett Municipal Income Fund, Inc. — Lord Abbett High Yield Municipal Bond Fund ("Lord Abbett") and United States Trustee ("U.S. Trustee") Patrick Layng separately seek the dismissal of this bankruptcy case on the basis that the Debtor, the Lombard Public Facilities Corporation ("LPFC" or the "Debtor"), is ineligible to be a debtor under chapter 11 of title 11 of the...
OPINION Thomas M. Lynch , United States Bankruptcy Judge . Debtor Robert LaPorta filed his petition for relief under Chapter 11 of the Bankruptcy Code on September 30, 2017. This court had dismissed a prior bankruptcy case within one year of this filing: a Chapter 13 case he commenced on May 30, 2017, which was dismissed on creditor Wells Fargo Bank, N.A.'s motion on August 4, 2017. Therefore, the automatic stay in this case was to terminate within 30 days unless extended pursuant to...
MEMORANDUM OPINION ON TRUSTEE'S OBJECTION TO DEBTORS' CLAIM OF EXEMPTIONS JACK B. SCHMETTERER , Judge . This objection relates to the case filed by Victoria Medina and Marcos Medina ("Medina's" or "Debtors") under Chapter 7 of the Bankruptcy Code, 11 U.S.C 101 et seq., on June 14, 2017 ("Petition Date"). Chapter 7 Trustee for the bankruptcy estate of the Debtors has filed an objection to certain exemptions claimed by the Debtors. The Chapter 7 Trustee seeks an order that the Debtors'...
Memorandum Opinion and Order Hon. Deborah L. Thorne , United States Bankruptcy Judge . Introduction This case presents the question of whether or not a debt is in the nature of support when it is owed to a governmental unit based on the overpayment of funds that had been disbursed for the purpose of allowing the Debtor, Ms. Halbert ("Debtor" or "Halbert"), to purchase food in support of herself and her two minor children. Within the 90-day preference period, the Illinois Department of...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON PLAINTIFFS' ADVERSARY COMPLAINT OBJECTING TO DISCHARGE (COUNT II) JACK B. SCHMETTERER , Bankruptcy Judge . INTRODUCTION Defendant Ihassan F. Dahleh ("Defendant") filed his Chapter 7 bankruptcy case on February 9, 2015. This adversary proceeding, brought by Plaintiffs Anna Mustafa and Ghazi Mustafa ("Plaintiffs"), was filed on February 25, 2016. The Complaint is pleaded in two counts. Count I alleges that Defendant made false representations,...
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW JACK B. SCHMETTERER , Bankruptcy Judge . NOW COMES, Debtor/Plaintiff, Premsagar Mulkanoor ("Plaintiff"), by his attorneys, Ariel Weissberg and Devvrat Sinha, and as his Proposed Findings of Fact and Conclusions of Law, states as follows: FINDINGS OF FACT 1. On or about December 10, 2001, DeBello Builders, Inc. conveyed to Debtor and Vijayageetha Mulkanoor ("Mrs. Mulkanoor"), Debtor's wife, not in tenancy in common but in joint...
MEMORANDUM OPINION Thomas M. Lynch , United States Bankruptcy Judge . Defendant James E. Hovis seeks to dismiss the adversary complaint brought against him by creditor Better Hearing, LLC, purportedly on behalf of the Chapter 11 bankruptcy estate. Because Better Hearing did not obtain timely authorization to commence this adversary proceeding, Mr. Hovis's motion will be granted. The Reorganized Debtor Hearing Help Express, Inc. has failed to demonstrate that Better Hearing, LLC's bringing...
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW JACK B. SCHMETTERER , Bankruptcy Judge . NOW COMES, Debtor/Plaintiff, Premsagar Mulkanoor ("Plaintiff"), by his attorneys, Ariel Weissberg and Devvrat Sinha, and as Plaintiff's Proposed Findings of Fact and Conclusions of Law, states as follows: FINDINGS OF FACT 1. Premsagar Mulkanoor ("Mulkanoor" or the "Debtor"), Plaintiff, is an individual residing at 21407 Saddle Lane, Mokena, Illinois. Mulkanoor is the Debtor is the above-...
MEMORANDUM OPINION DEBORAH L. THORNE , UNITED STATES BANKRUPTCY JUDGE . This matter comes before the court on the motion of Argon Credit, LLC and Argon X, LLC ("Debtors") for declaratory relief or a protective order. The Debtors' motion is granted. Because under the circumstances of this case the only possible 341(a) meeting has been concluded, the Debtors have no obligation under 343 to appear at the continued May meeting, it being a special meeting with its current purpose not...
MEMORANDUM OPINION DEBORAH L. THORNE , Bankruptcy Judge . This case requires the court to consider whether the cancellation of a satisfaction of mortgage in the record system constitutes a transfer within the meaning of 11 U.S.C. 101(54). As explained below, the cancellation did not constitute a "transfer," and the court must dismiss the complaint for failure to state a claim. 1 Background In 2006, Trinity 83, LLC ("Trinity") granted a mortgage and assignment of rents on its...
MEMORANDUM DECISION 1 TIMOTHY A. BARNES , Judge . This matter comes before the court on the Complaint To Avoid Fraudulent Transfer Pursuant to the Illinois Fraudulent Transfer Act, Recover Damages and Authorize the Sale of the Creek Drive Property Pursuant to 11 U.S.C. 363(h) [Adv. Dkt. No. 1] 2 (the " Complaint ") filed by Barry A. Chatz (the " Trustee "), not individually but as the Chapter 7 Trustee for the Estate of Gurrie C. Rhoads (the " Debtor "), in the above-captioned...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JACK B. SCHMETTERER , Bankruptcy Judge . A. The Parties a. The Debtor is Reynaldo Marchan ("Debtor"). b. The Creditors are United Guaranty Residential Insurance Company of North Carolina ("United") and Wilmington Trust, National Association, as Successor Trustee to Citibank, N.A., as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2005-FF12 ("Nationstar"). B. Factual Background a. On March 31, 2017,...
AMENDED MEMORANDUM OPINION 1 THOMAS M. LYNCH , Bankruptcy Judge . The United States Trustee commenced this proceeding to deny Enrique Jaime a discharge under Chapter 7 of the Bankruptcy Code. The parties are at issue and discovery now is underway. Central to the plaintiff's case are the allegations that the Debtor had a material interest in Laredo Systems, Inc. and related entities that he failed to disclose when required to do so in his sworn bankruptcy schedules and in his testimony at...
