Judge Cox

4100 W. Grand LLC v. TY Grand LLC (In re 4100 Grand LLC)

Chapter 11 debtor-in-possession filed a complaint against creditor to avoid and recover a transfer alleged to be fraudulent pursuant to 11 U.S.C.S. §§ 544(b) and 548(a)(1)(B) and 740 ILCS 160/5 and 160/6.
Ruling: 
Recording of deed in lieu of foreclosure was not a fraudulent transfer.
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Commercial case opionion summary, case decided on October 04,2012, LexisNexis #1112-057

Solis v. Dombek (In re Dombek)

Secretary of the U.S. Department of Labor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to an employee benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA) was nondischargeable under 11 U.S.C.S. § 523(a)(4) based on the debtor's fiduciary defalcation. The debtor did not respond, default was entered, and the Secretary moved for default judgment.
Ruling: 
Debt owed to ERISA plan was nondischargeable due to debtor's fiduciary defalcation.
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Consumer case opionion summary, case decided on October 04,2012, LexisNexis #1112-017

Lemaire v. Fannie Mae (In re Lemaire)

Appellant chapter 13 debtor challenged orders of the United States Bankruptcy Court for the Eastern District of Michigan, which granted appellee relief from the automatic stay with respect to two residential properties previously owned by the debtor and transferred to appellee after foreclosure sales.
Ruling: 
Stay properly lifted where foreclosure sales had occurred and debtor could no longer cure default.
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Consumer case opionion summary, case decided on August 24,2012, LexisNexis #1012-028

Peterson v. Enhanced Investing Corp. (Cayman) Ltd. (In re Lancelot Investors Fund L.P.)

Plaintiff chapter 7 trustee brought eleven adversary complaints against defendants, transferees of funds from the debtors under a massive Ponzi scheme run by insiders of the debtor. The transferees moved for summary judgment under Fed. R. Civ. P. 56. The issue was whether the transactions tainted by massive fraud were the kind of business transactions Congress intended to protect under 11 U.S.C.S. § 546(e).
Ruling: 
Transfers pursuant to massive Ponzi scheme could be avoided as fraudulent.
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Consumer case opionion summary, case decided on March 02,2012, LexisNexis #0412-025

Peterson v. Ritchie Capital Mgmt. LLC (In re Lancelot Investors Fund L.P.)

Defendants filed a motion to dismiss chapter 7 trustee's complaint, which sought to avoid $12,532,973 in alleged constructively fraudulent transfers under 11 U.S.C.S. § 548 and the Uniform Illinois Fraudulent Transfer Act, and asserted a state law claim for unjust enrichment.
Ruling: 
Transfers made by management companies rather than debtor entities were not avoidable.
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Commercial case opionion summary, case decided on March 02,2012, LexisNexis #0512-131

Herzog v. Petty (In re Petty)

Trustee filed an adversary proceeding against chapter 7 debtor, seeking a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2), (a)(4), and (a)(5) to have his debts discharged. Although the debtor testified at three meetings of creditors that were held pursuant to 11 U.S.C.S. § 341, he failed to answer the trustee's complaint.
Ruling: 
Discharge denied due to failure to list interest in or income from LLC.
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Consumer case opionion summary, case decided on October 06,2011, LexisNexis #1111-057

Estate of Gray v. McDermott (In re Estate of Gray)

Chapter 11 debtor, the estate of a decedent, challenged a decision of the U.S. Bankruptcy Court for the Eastern District of Michigan, which dismissed the debtor's chapter 11 case nunc pro tunc.
Ruling: 
Case properly dismissed because probate estate was not an eligible debtor.
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Consumer case opionion summary, case decided on September 06,2011, LexisNexis #0911-106

Jan S. Weinstein & Assocs. v. Lymberopoulos (In re Lymberopoulos)

Plaintiff creditor, a law firm, filed a complaint against defendant Chapter 7 debtor to determine the dischargeability of a debt owed to the law firm pursuant to 11 U.S.C.S. § 523(a)(6).
Ruling: 
Attorneys' fees assessed against debtor in protective order proceeding were nondischargeable.
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Consumer case opionion summary, case decided on July 13,2011, LexisNexis #0811-051

In re Dental Profile Inc.

After the bankruptcy petitions of corporate debtors were dismissed, a creditor moved for sanctions pursuant to Fed. R. Bankr. P. 9011 against the debtors, the sole principal of the debtors, and the debtors' counsel asserting that the bankruptcy petitions were filed for the improper purpose of frustrating, hindering, and delaying the creditor's collection of a judgment against the debtors.
Ruling: 
Debtor and principal sanctioned for filing case to frustrate lender and delaying collection of judgment.
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Commercial case opionion summary, case decided on March 31,2011, LexisNexis #0711-030

In re Hall-Walker

Debtor filed a motion seeking damages for violation of the automatic stay pursuant to 11 U.S.C.S. § 362(k), alleging that the automatic stay was violated when collection efforts were pursued while the stay was in effect. Damages were sought against respondent, her ex-husband's attorney in the domestic relations case (hereafter "respondent").
Ruling: 
Efforts to enforce prepetition debt in domestic relations case was a willful violation of stay.
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Consumer case opionion summary, case decided on February 22,2011, LexisNexis #0311-075

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