- 11 U.S.C.
In re Smith
Dec
27
2016
Ruling
Motion to dismiss debtors' chapter 7 case was granted as the totality of the circumstances oftheir financial situation showed that their case was an abuse of chapter 7. (Bankr. N.D. Ill.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Considerations When Presumption Does Not Apply.
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Court
:
In re Petrovic
Nov
16
2016
Ruling
Bankruptcy court had ancillary jurisdiction to examine fees of debtor’s counsel. (Bankr. N.D.Ill.)
Issue(s)
Debtor’s Transactions with Attorneys.
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Court
:
- 11 U.S.C.
Pausch v. DiPiero (In re DiPiero)
Jul
05
2016
Ruling
Nondischargeability proceeding based on willful and malicious injury was a core proceeding in which the bankruptcy court could enter a final judgment.
Issue(s)
Did bankruptcy court lack subject matter jurisdiction over proceeding seeking to establish that debtor committed sexual assault resulting in nondischargeable debt?
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Court
:
Caesars Entm't Operating Co. v. BOKF, N.A.
Feb
26
2016
Ruling
Temporary injunction issued to prevent creditors from seeking to recover from debtor’s parentbased on guaranty. (Bankr. N.D. Ill.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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Court
:
In re Caesars Entmt Operating Co.
Nov
12
2015
Ruling
Multiemployer pension plan did not violate the automatic stay by expelling five subsidiaries of debtor.
Issue(s)
Did multiemployer pension plan violate the automatic stay by expelling five of chapter 11 debtor's nondebtor subsidiaries from the plan and demanding payment of withdrawal fees?
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Court
:
- FRBP
In re Meltzer
Jul
29
2015
Ruling
Sanctions assessed against petitioning creditor who filed a frivolous involuntary petition to stall eviction proceeding for seeking to dismiss sanctions proceeding.
Issue(s)
Should petitioner who filed involuntary petition in bad faith against landlord to stall eviction proceeding be sanctioned for filing a motion to dismiss the subsequent sanctions proceeding?
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Court
:
Caesars Entmt Operating Co. v. BOKF N.A. (In re Caesars Entmt Operating Co.)
Jul
22
2015
Ruling
Injunction halting civil actions against non-debtor third party denied.
Issue(s)
Could debtor obtain an injunction halting the prosecution of civil actions pending against non- debtor in state and federal courts?
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Court
:
Stair One Inc. v. Hivon (In re Hivon)
Feb
13
2015
Ruling
Debtor's failure to pay subcontractor after obtaining lien waiver was dischargeable absent allegations of misrepresentations or willful or malicious injury.
Issue(s)
Was debt owed to creditor subcontractor nondischargeable due to debtor's failure to pay the creditor after obtaining a lien waiver?
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Court
:
- FRBP
In re Lee
Jan
21
2015
Ruling
Creditor's nondischargeability proceeding dismissed as time-barred.
Issue(s)
Was creditor entitled to an extension of time to file a complaint against debtor objecting to discharge or seeking to determine the dischargeability of debts?
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Court
:
- FRBP
In re Lee
Jan
21
2015
Ruling
Creditor's nondischargeability proceeding dismissed as time-barred.
Issue(s)
Was creditor entitled to an extension of time to file a complaint against debtor objecting to discharge or seeking to determine the dischargeability of debts?
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Court
: