AJT Servs., In re
Mar
07
2022
Ruling
Judgment creditor was entitled to modify the stay to pursue its rights as claim preclusionprinciples prevented the debtor from relitigating those rights in the bankruptcy court. (Bankr.N.D. Ill.)
Issue(s)
Automatic Stay; Scope.
ABI Membership is required to access the full summary of AJT Servs., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Peterson v. Colony Am. Fin. Lender LLC
Dec
21
2021
Ruling
Trustee's claims to recover from the first LLC the value of the properties transferred from thedebtors to the third LLC failed as the first LLC was not an initial transferee of the properties.(Bankr. N.D. Ill.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred
ABI Membership is required to access the full summary of Peterson v. Colony Am. Fin. Lender LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Mack Indus., In re--Peterson v. Premier Elec. Servs.
May
19
2021
Ruling
Payments by debtor to defendant for electrical work it performed were not constructivelyfraudulent regardless of who owned the properties. (Bankr. N.D. Ill.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
ABI Membership is required to access the full summary of Mack Indus., In re--Peterson v. Premier Elec. Servs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Wigfall, In re
Oct
29
2019
Ruling
City's lien on vehicle for unpaid parking tickets was an avoidable judicial lien. (Bankr. N.D.Ill.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
ABI Membership is required to access the full summary of Wigfall, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Welsch, In re
Jul
30
2019
Ruling
Debtor's ex-wife did not need to obtain stay relief in order to seek modification of apreviously entered order for child support in order to collect college expenses. (Bankr. N.D.Ill.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax
ABI Membership is required to access the full summary of Welsch, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Shannon, In re
Sep
07
2018
Ruling
Debtor's motion alleging that the city violated the automatic stay by refusing to return the carwas granted as court ruled that the automatic stay required the city to return debtor's carimmediately. (Bankr. N.D. Ill.)
Issue(s)
Automatic Stay.
ABI Membership is required to access the full summary of Shannon, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Peregrine Fin. Grp, Inc., In re--Bodenstein v. Univ. of N. Iowa
Jul
11
2018
Ruling
Trustee failed to prove that university is an entity from whom he can recover fraudulenttransfer as the university could not be held liable as an initial transferee because it was a mereconduit for a foundation that the CEO had made a pledge to donate to. (Bankr. N.D. Ill.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred Property; Recovery From Initial Transferee.
ABI Membership is required to access the full summary of Peregrine Fin. Grp, Inc., In re--Bodenstein v. Univ. of N. Iowa Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Summerfield, In re
Apr
06
2018
Ruling
Creditor may attempt to set off a discharged debt against the amount he owed to the debtoras none of the exceptions in § 553 applied. (Bankr. N.D. Ill.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.
ABI Membership is required to access the full summary of Summerfield, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Summerfield, In re
Apr
06
2018
Ruling
Court denied debtor's motion for an order enjoining her ex-husband from prosecuting theaction he filed in the Illinois circuit court. (Bankr. N.D. Ill.)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.
ABI Membership is required to access the full summary of Summerfield, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Smiley, In re
Jan
11
2018
Ruling
Debtor's motion for sanctions was denied where creditor did not violate the automatic merelyby failing to cause the release of the funds held pursuant to the citation lien. (Bankr. N.D. Ill.)
Issue(s)
Automatic Stay; Remedies for Violation.
ABI Membership is required to access the full summary of Smiley, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: