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Kempff, In re

Jan
30
2017
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.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.

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Court :
( Judge Sykes ) [ Circuit Court ]
Consumer opinion summary, case decided on January 30, 2017 , LexisNexis #0317-024
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Unsecured Creditors Comm. of Sparrer Sausage Co. v. Jasons Foods Inc.

Jun
10
2016
Ruling
Supplier was entitled to reduction of preference liability.
Issue(s)
Whether payments which a debtor made to one of its suppliers were to be returned to the bankruptcy estate as avoidable preferences under 11 U.S.C.S. § 547(b)?

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Consumer opinion summary, case decided on June 10, 2016 , LexisNexis #0716-018
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Archdiocese of Milwaukee v. Appeal of Doe

Feb
25
2014
Ruling
Bankruptcy court properly disallowed claim for sexual abuse that had been addressed in voluntary mediation program.
Issue(s)
Did Bankruptcy court properly disallow a claim for sexual abuse by a diocesan priest that had been settled in a voluntary mediation program, resulting in a release?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 25, 2014 , LexisNexis #0314-077
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A&F Enters. Inc. II v. IHOP Franchising LLC (In re A&F Enters. Inc. II)

Feb
07
2014
Ruling
Stay pending appeal of order finding time to assume or reject franchise agreement had expired granted.
Issue(s)
Whether the bankruptcy court's orders deeming building leases rejected and debtor's franchise agreements and equipment leases expired should be stayed pending resolution of the appeal on the merits?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 07, 2014 , LexisNexis #0314-031
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Redmond v. Fifth Third Bank

Oct
20
2010
Ruling
Bankruptcy court properly denied motion to reopen and sanction lender for actions that did not violate stay or discharge injunction.
Procedural posture

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.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 20, 2010 , LexisNexis #1110-068
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Illinois Inv. Trust No. 92-7163 v. Allied Waste Indus. (In re Research Tech. Corp.)

Oct
01
2010
Ruling
Assignment of executory contracts for gas-energy conversion to investment trust properly denied absent adequate assurance of future performance.
Procedural posture

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.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 01, 2010 , LexisNexis #1010-137
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In re MarchFIRST Inc.

Jul
17
2009
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.
Procedural posture

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.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on July 17, 2009 , LexisNexis #0809-070
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