- 11 U.S.C.
Hitz Rest. Grp., In re
Jun
02
2020
Ruling
Debtor restaurant owner owed at least 25 percent of the rent amount to the creditor even aftergovernor’s order closing restaurants due to COVID-19 triggered the force majeure clause.(Bankr. N.D. Ill.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee
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- 11 U.S.C.
Oliva, In re--Cyrnek v. Oliva
Feb
25
2020
Ruling
Debt was dischargeable where creditor proved he actually and justifiably relied ondefendant's false statement. (Bankr. N.D. Ill.)
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Capra, In re
Jan
28
2020
Ruling
Debtor's egregious misconduct justified conversion to Chapter 7 in order to increase the assetsavailable for distribution. (Bankr. N.D. Ill.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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:
- 11 U.S.C.
Parkland Props., In re
Jul
16
2019
Ruling
Court found that creditor did not violate the reorganization plan or the confirmation orderwhen it successfully bid on a certain real property and did not sell it to the reorganized debtor.(Bankr. N.D. Ill.)
Issue(s)
Effect of Confirmation; Discharge; Types of Debt Discharged and Rights
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Maxwell, In re--Chicago Patrolmen's Fed. Credit Union v. Maxwell
Mar
06
2019
Ruling
Revocation of discharge was not warranted as debtor’s failure to amend his schedules to reflect receipt of settlement did not necessarily equate to fraud. (Bankr. N.D. Ill.)
Issue(s)
Discharge; Revocation.
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Court
:
- 11 U.S.C.
WTE-S&S AG Enters., LLC, In re--WTE-S&S AG Enters., LLC v. GHD, Inc.
Aug
18
2017
Ruling
Court ruled that setoff could be used by the creditor as a defense in order to offset a mutualdebt owed by the creditor to the debtor. (Bankr. N.D. Ill.)
Issue(s)
Setoff.
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- 11 U.S.C.
Avila, In re
Mar
21
2017
Ruling
Post-petition retention of debtor's vehicle did not violate automatic stay where a city's continued possession of the vehicle was an act to maintain perfection of its possessory statutory lien. (Bankr. N.D. Ill.)
Issue(s)
Limitations on Avoiding Powers; Perfection of Interest in Property; Nonbankruptcy Law; Maintenance or Continuance.
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Court
:
- 11 U.S.C.
Moroni, In re--Ford Motor Credit Co. LLC v. Moroni
Jan
31
2017
Ruling
Debtors' obligation to secured creditor was nondischargeable as debtors' actions of sellingvehicles out of trust were willful and malicious. (Bankr. N.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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Court
:
- 11 U.S.C.
Brandt v. FDIC (In re Equip. Acquisition Res., Inc.)
Nov
21
2016
Ruling
Fraudulent transfer claims against the FDIC as receiver for failed bank were precluded wherethe bank was unaware of debtor’s fraudulent scheme. (Bankr. N.D. Ill.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.
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In re Hrubec
Jan
27
2016
Ruling
Plan including payments to creditor that did not file a proof of claim could be confirmed.
Issue(s)
Is a chapter 13 debtor prohibited from reaching an agreement with a secured creditor to pay that creditor through a plan even though the secured creditor has not filed a proof of claim?
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