Judge Sykes

Kempff, In re

Ruling: 
Transfer of funds made by debtor's accountant for unpaid taxes was not a ground fordisqualification from discharge as the transfers were made without her knowledge, input, orapproval. (7th Cir.)
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Consumer case opionion summary, case decided on January 30,2017, LexisNexis #0317-024

Unsecured Creditors Comm. of Sparrer Sausage Co. v. Jasons Foods Inc.

Ruling: 
Supplier was entitled to reduction of preference liability.
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Consumer case opionion summary, case decided on June 10,2016, LexisNexis #0716-018

Archdiocese of Milwaukee v. Appeal of Doe

Ruling: 
Bankruptcy court properly disallowed claim for sexual abuse that had been addressed in voluntary mediation program.
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Commercial case opionion summary, case decided on February 25,2014, LexisNexis #0314-077

A&F Enters. Inc. II v. IHOP Franchising LLC (In re A&F Enters. Inc. II)

Ruling: 
Stay pending appeal of order finding time to assume or reject franchise agreement had expired granted.
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Commercial case opionion summary, case decided on February 07,2014, LexisNexis #0314-031

Redmond v. Fifth Third Bank

Plaintiff Chapter 13 debtor filed motions in bankruptcy court to reopen his closed bankruptcy case and for sanctions against defendant mortgage lender. The bankruptcy court denied the motions, and the United States District Court for the Northern District of Illinois, Eastern Division, affirmed. The debtor appealed.
Ruling: 
Bankruptcy court properly denied motion to reopen and sanction lender for actions that did not violate stay or discharge injunction.
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Consumer case opionion summary, case decided on October 20,2010, LexisNexis #1110-068

Illinois Inv. Trust No. 92-7163 v. Allied Waste Indus. (In re Research Tech. Corp.)

In Chapter 7 proceedings, a bankruptcy court denied the trustee's motion under 11 U.S.C.S. § 365(f)(2)(B) to assume and assign a debtor's executory contracts to appellant investment trust. The bankruptcy court also ordered appellant assignee to make an escrow deposit. The United States District Court for the Northern District of Illinois, Eastern Division, affirmed and held the assignee in contempt. Appellants sought review.
Ruling: 
Assignment of executory contracts for gas-energy conversion to investment trust properly denied absent adequate assurance of future performance.
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Commercial case opionion summary, case decided on October 01,2010, LexisNexis #1010-137

In re MarchFIRST Inc.

The debtor filed a chapter 7 case. Appellee trustee objected to appellant creditor's claim, alleging that the claim was untimely. The bankruptcy court sustained the objection. The United States District Court for the Northern District of Illinois affirmed. The creditor appealed.
Ruling: 
Proof of claim filed after 4 p.m. deadline by fax and by hand delivery of the original the next morning properly disallowed as untimely.
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Commercial case opionion summary, case decided on July 17,2009, LexisNexis #0809-070
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