Judge Cox

In re Marks

Debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying her creditors. A secured creditor filed an objection to the debtor's plan.
Ruling: 
Creditor's objection to debtors plan for failing to make payments sufficient for adequate protection sustained and attorneys fees awarded pursuant to contract.
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Consumer case opionion summary, case decided on September 25,2008, LexisNexis #1008-129

In re Dugar

A creditor filed a proof of claim in debtors' chapter 13 bankruptcy case based on a state court action alleging a breach of contract. The debtors objected to the claim.
Ruling: 
Debtor's objection to breach of contract claim sustained.
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Consumer case opionion summary, case decided on August 19,2008, LexisNexis #1008-114

Official Unsecured Creditors Comm. of Hearthside Baking Co. v. Cohen (In re Hearthside Baking Co. Inc.)

Plaintiffs, the unsecured creditors' committee for the debtor, intervened in a state court matter and had the matter removed to proceed in the court as an adversary proceeding. The committee filed an additional adversary proceeding and sought consolidation. Defendant trustees filed a motion for the court to abstain from going forward in the first adversary proceeding, pursuant to 28 U.S.C.S. § 1334, and to remand the matter to state court.
Ruling: 
Action for accounting and removal of debtor's CEO and trustee was "related to" debtor's bankruptcy and not suitable for abstention.
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Commercial case opionion summary, case decided on August 04,2008, LexisNexis #1208-131

Arlow v. F.A.Y. Props. (In re Mid-City Parking Inc.)

Plaintiff trustee filed an adversary complaint pursuant to 11 U.S.C. § 550 against defendant lessor in connection with five transfers made to it by debtor parking lot operator that were claimed to be preferential within the meaning of 11 U.S.C. § 547. Three of the claims were resolved prior to trial, at which the court heard evidence on the remaining claims and on defendant's ordinary course of business defense under 11 U.S.C. § 547(c)(2).
Ruling: 
Transfers made per a validly assumed executory contract were not preferential.
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Commercial case opionion summary, case decided on December 27,2007, LexisNexis #0208-026

In re J.S. II LLC

Debtors, limited liability companies ("LLC") filed petitions for relief under chapter 11, and the matters were administered jointly. The debtors sought leave of court to sell some real estate holdings and two interested parties objected. The debtors sought reconsideration of the court's earlier interlocutory ruling that required consent of the interested party before the sale could be completed.
Ruling: 
Sale of real estate holdings by debtors could proceed without consent of interested party.
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Commercial case opionion summary, case decided on November 29,2007, LexisNexis #1207-121

In re Falconridge LLC

Respondent debtor, an Illinois limited liability company ("LLC"), filed a petition under chapter 11. Movant bank filed an emergency motion to excuse compliance with 11 U.S.C. § 543(b) and to permit a receiver that was appointed by a state court to remain in place.
Ruling: 
Custodian's compliance with requirement to turn over property excused due to debtor LLC's mismanagement of property.
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Commercial case opionion summary, case decided on November 08,2007, LexisNexis #1207-048

Maxwell v. Barounis (In re Swiontek)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant spouse of a bankruptcy debtor, seeking to avoid as fraudulent a transfer of the debtor's interest in a jointly owned marital home to the spouse, and seeking authority to sell the property. The trustee and the spouse cross-moved for summary judgment.
Ruling: 
Voluntary fraudulent transfer of debtor's interest in entireties property to spouse could be avoided and property could be sold by trustee.
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Consumer case opionion summary, case decided on October 03,2007, LexisNexis #1207-028

Maxwell v. Barounis (In re Swiontek)

Plaintiff chapter 7 trustee moved for summary judgment in an action against defendant, the debtor's wife, seeking to void an alleged fraudulent transfer of real estate by the debtor to defendant pursuant to 11 U.S.C. § 544(b) and section 5 of the Illinois Uniform Fraudulent Transfer Act, 740 Ill. Comp. Stat. 160/5. The trustee also sought authority pursuant to 11 U.S.C. § 363(h) to sell the real estate. Defendant cross-moved for summary judgment.
Ruling: 
Avoidance of fraudulent transfer of entierties property to debtor's spouse did not revert property to entireties status and trustee could sell the property.
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Consumer case opionion summary, case decided on October 03,2007, LexisNexis #1107-030

In re Enyedi

Chapter 7 trustee filed a motion to have a state court dismissal of a lawsuit filed by the debtors declared void ab initio on the grounds that the dismissal order violated the automatic stay under 11 U.S.C. § 362(a)(3), and have the defendants in the state court lawsuit assessed compensatory and punitive damages, and attorney fees and costs, based upon their willful violation of the automatic stay.
Ruling: 
Dismissal of state court action that was property of the estate violated stay.
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Dzikowski v. Gauthier (In re Gauthier)

Chapter 7 trustee filed a complaint that objected to the debtors'claim of exempt property, objected to the debtor's discharge, sought to avoid unauthorized postpetition transfers, and claimed that a money judgment was owed. The court held a hearing and issued findings.
Ruling: 
Discharge denied due to debtors'misrepresentations regarding sale of homestead and use of proceeds.
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