Case law

In Re Livaditis

122 B.R. 330 · United States Bankruptcy Court, N.D. Illinois · Dec 21, 1990

One District Court found that because a class of approximately 1,692 members is indisputably large, impracticality of joinder was established by the numbers alone. Thillens, Inc. v. … LAF is highly qualified to do class action work in Federal courts.

Bletnitsky v. Jairath (In Re Jairath)

259 B.R. 308 · United States Bankruptcy Court, N.D. Illinois · Mar 8, 2001

However, a deceitful trick may qualify as a fraud under McClellan, Id., 217 F.3d at 893 . Therefore, a different analysis must be used when a plaintiff alleges actual fraud. McClellan v. … The inspection report clearly states that the building contains twenty units. Although McClellan broadly defined fraud as the suppressing of a truth, it emphasized that fraud must have an element of unfairness.

In re Whitlock-Young

571 B.R. 795 · United States Bankruptcy Court, N.D. Illinois · Aug 10, 2017

“In every federal case, the party bringing the suit must establish standing to prosecute the action.” Elk Grove Unified Sch. Dist. v. … Congress clearly created fine distinctions in crafting the automatic stay.

In re Waner Corp.

135 B.R. 299 · United States Bankruptcy Court, N.D. Illinois · Dec 20, 1991

Maxwell duly qualified and is now acting as Trustee of the estate of Waner Corporation. 3. … If a deficiency then remains that creditor is to be paid out of estate funds in accordance with the priorities as established under § 507 of the U.S. Bankruptcy Code.

Estate of Smith v. Marcet (In Re Marcet)

352 B.R. 462 · United States Bankruptcy Court, N.D. Illinois · Sep 26, 2006

A fiduciary relation qualifies under § 523(a)(4) only if it “imposes real duties in advance of the breach----” Marchiando, 13 F.3d at 1116 . … The joint tenancy agreement did not contain any language establishing a declaration of trust, a clearly defined trust res, or an intent to create a trust. (Plaintiff Ex. No. 1; Debtor Ex. No. 3.)

Peterson v. Enhanced Investing Corp. (In Re Lancelot Investors Fund, L.P.)

467 B.R. 643 · United States Bankruptcy Court, N.D. Illinois · Oct 25, 2012

Section 546(e) itself does not limit its safe harbor immunity to payments that are appropriate in all respects, but only to those that do not represent actual fraud. … Courts have held in the context of preferential transfers that transactions of fraudulent enterprises do not qualify for the protection provided by certain statutory defenses.

In Re West Side Community Hospital, Inc.

112 B.R. 243 · United States Bankruptcy Court, N.D. Illinois · Mar 15, 1990

Bowlby was and is in the business of finding and placing trained medical personnel for hospitals and other medical establishments. Jane Poremski was a qualified supervisory nurse who Bowlby placed with West Side. Ms. … Only three creditors filed, but only two qualify. Consequently the petition must be dismissed. 12.

Monty Titling Trust I v. Granrath (In re Granrath)

560 B.R. 515 · United States Bankruptcy Court, N.D. Illinois · Dec 5, 2016

The Citation clearly prohibits the transfer of non-exempt property. PX 3. … There can clearly be cases where the debtor is hiding his or her deceit under the guise of planning.

In Re Slocum Lake Drainage District of Lake County

336 B.R. 387 · United States Bankruptcy Court, N.D. Illinois · Jan 19, 2006

The Debtor has the burden of proof to establish that it is eligible to be a debtor under Chapter 9. See In re City of *391 Bridgeport, 129 B.R. 332, 334 (Bankr. Conn.1991). … In marked contrast to the Illinois statutes, the California statute cited supra clearly shows an intent by the state legislative body to specifically authorize a local public entity to file a Chapter 9 bankruptcy petition

Lefelstein v. Donlevy (In re Donlevy)

342 B.R. 774 · United States Bankruptcy Court, N.D. Illinois · May 25, 2006

Fiduciary Duty To qualify as a fiduciary under § 523(a)(4), a fiduciary relationship must have an existence independent of the debt- or’s wrongdoing. … Here, an express trust was established.

McKeever v. McClandon (In Re McKeever)

132 B.R. 996 · United States Bankruptcy Court, N.D. Illinois · Oct 29, 1991

To avoid the tax deed transfer under § 548, the debtor must also establish that they received less than reasonably equivalent value for the transfer. … The Court cannot find as a matter of law that tax deed transfers constitute an exception to § 548 and are immune from attack as a fraudulent transfer due to the negative impact upon the tax deed market.

Raymond Professional Group, Inc. v. William A. Pope Co. (In Re Raymond Professional Group, Inc.)

421 B.R. 891 · United States Bankruptcy Court, N.D. Illinois · Dec 17, 2009

This clearly would be adverse to interests of Pope and any other creditors of RMS. … However, Pope has not established any particular statements to have been lies by Schiff counsel that must be attributed to and bind one or more debtors.

Johnson v. McCoy (In Re McCoy)

274 B.R. 751 · United States Bankruptcy Court, N.D. Illinois · Mar 12, 2002

Relevant portions of testator Judith McCoy’s will which established the Trust provide: ARTICLE IV Trust Dispositive Provisions [Paragraph 1 omitted.] 2. … Clearly, the settlor’s use of “desirable” in ARTICLE IV paragraph 2(b) of the Trust to qualify Debtor’s ability to get at the corpus for his own use is meaningful because just two sentences later the trustee’s discretion

Federal Storage & Moving Co. v. Allied Van Lines, Inc. (In re Federal Storage & Moving Co.)

32 B.R. 659 · United States Bankruptcy Court, N.D. Illinois · Sep 2, 1983

The question for this court to resolve, therefore, is whether or not the evidence establishes a right to relief on Federal’s claim. … A committed unit consists of a truck, trailer and qualified driver.

Fisher v. Sellas (In Re Lake States Commodities, Inc.)

272 B.R. 233 · United States Bankruptcy Court, N.D. Illinois · Jan 11, 2002

First, the Court determines if the proposed expert qualifies as an expert. In the absence of any objection in this regard and in light of Malek’s impressive training and experience, Malek qualifies as an expert. 55. … Clearly, it is not an opinion formulated by him after an audit or any search for the truth of the actual amount of the indebtedness. An expert’s testimony cannot be used to subvert rules of evidence.

Kadlecek v. Ferguson (In Re Ferguson)

222 B.R. 576 · United States Bankruptcy Court, N.D. Illinois · Jul 24, 1998

He is a qualified builder of hundreds of residential homes and a carpenter by trade. … Kadlecek looked to Defendant as someone who purported to be well qualified and capable in the residential construction business.

In Re Repurchase Corp.

329 B.R. 832 · United States Bankruptcy Court, N.D. Illinois · Sep 7, 2005

The Minnesota Bankruptcy Judge is undoubtedly better qualified to interpret and enforce his own order and this Court will not interfere with the exercise of his jurisdiction over the matter. … The Court's purpose in taking judicial notice of these records is to establish the existence of the case and related filings. See generally, Kramer v. Time Warner Inc., 937 F.2d 767, 774 (2d Cir.1991). 2 .

Zamora v. Jacobs (In Re Jacobs)

403 B.R. 565 · United States Bankruptcy Court, N.D. Illinois · Apr 9, 2009

Moreover, the subject of the purported embezzlement must qualify as property that can be embezzled. … Once the contributions have made it to the plan account, they are clearly assets of the plan and the ERISA fiduciary trust duties have undoubtedly kicked in.

In re Bluberi Gaming Technologies, Inc.

554 B.R. 841 · United States Bankruptcy Court, N.D. Illinois · Sep 7, 2016

Allowing AGS unfettered access to the source code runs contrary to what the parties clearly intended. … The court in Peter Kiewit clearly struggled with issues akin to those here.

In re Sharif

564 B.R. 328 · United States Bankruptcy Court, N.D. Illinois · Feb 16, 2017

The Trustee has immunity for actions undertaken pursuant to a court or-, der. A bankruptcy Trustee “is entitled to quasi-judicial immunity for carrying out the orders of the bankruptcy court.” … Salem, however, cannot wait until a later date in the hopes of establishing standing today.