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Concepts Am., Inc., In re--Audette v. Kasemir

Ruling
Motion to dismiss was denied as the Federal Rules of Civil Procedure allow complaints to contain inconsistent claims. (Bankr. N.D. Ill.)
Issue(s)
Bankruptcy Fees.

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Commercial opinion summary, case decided on July 12, 2018 , LexisNexis #0818-119

Concepts Am., Inc., In re--Audette v. Kasemir

Ruling
Motions to dismiss were granted where court held that nondebtor substantive consolidationis not a remedy available to a court sitting in the Seventh Circuit. (Bankr. N.D. Ill.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Commercial opinion summary, case decided on May 03, 2018 , LexisNexis #0618-002

Cunningham, In re

Ruling
Court denied allowance of compensation for services that were duplicate of those of anotherprofessional or paraprofessional. (Bankr. N.D. Ill.)
Issue(s)
Compensation of Officers; Determination of Amount; Compensation Disallowed.

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Consumer opinion summary, case decided on December 08, 2017 , LexisNexis #0218-062

Haynes, In re

Ruling
City's claim was not entitled to priority as an administrative expense as it did not show that its claim represents such a cost. (Bankr. N.D. Ill.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate Expenses; Preservation of the Estate.

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Consumer opinion summary, case decided on July 20, 2017 , LexisNexis #0817-097

Korrub v. Cohn (In re Cohn)

Ruling
Discharge denied due to omissions and misstatements evidencing a fraudulent intent. (Bankr.N.D. Ill.)
Issue(s)
Discharge; Grounds for Denial; Fraud.

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Consumer opinion summary, case decided on November 15, 2016 , LexisNexis #1216-079

Farahani v. Bastanipour (In re Bastanipour)

Ruling
Debt was dischargeable where debtor’s fiduciary defalcation was not shown to be a cause of the debt.
Issue(s)
Was alleged fiduciary defalcation in real estate transaction grounds for nondischargeable debt?

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Consumer opinion summary, case decided on June 07, 2016 , LexisNexis #0716-014

Official Comm. of Unsecured Creditors v. Fountainhead Grp. Inc. (In re Aerosol)

Ruling
Payments by owners of LLCs made less than twelve months prior to petition date were avoidable.
Issue(s)
Did brother and sister breach their fiduciary duties to their LLCs or made avoidable fraudulent transfers?

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Consumer opinion summary, case decided on September 28, 2015 , LexisNexis #1015-131

In re LDR Indus. LLC

Ruling
Interim compensation for debtor's attorneys allowed except for insufficiently described and clerical services and where there were computational errors.
Issue(s)
Should first interim fee application of debtor's attorneys be allowed?

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Commercial opinion summary, case decided on May 26, 2015 , LexisNexis #0615-110

R&J Constr. Supply Co. v. Juma (In re Juma)

Ruling
State court's finding that debtor's failure to return creditor's property was malicious that was not necessary to judgment for conversion and not actually litigated was not grounds for nondischargeable debt.
Issue(s)
Was judgment debt based on conversion nondischargeable as incurred due to malicious conduct by debtor?

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Consumer opinion summary, case decided on April 30, 2015 , LexisNexis #0515-123

Chatz v. Stepaniants (In re Fatoorehchi)

Ruling
Avoidance of allegedly fraudulent transfer denied where reasonable equivalent value was provided by transferee.
Issue(s)
Were transfers of portion of debtor's business avoidable as fraudulent?

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Consumer opinion summary, case decided on March 09, 2015 , LexisNexis #0416-024