Case law

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  • In re West

    507 B.R. 252 · United States Bankruptcy Court, N.D. Illinois · Mar 26, 2014

    Brown (In re Brown), 168 B.R. 331, 334 (Bankr.N.D.Ill.1994) (Ginsberg, J.). As the District Court in Szyszko v. … See Hill v.

    Cited 15 timesPublished
  • Financial Pacific Leasing, LLC v. Kilaru (In re Kilaru)

    552 B.R. 806 · United States Bankruptcy Court, N.D. Illinois · May 25, 2016

    In 2011, he was the chairman of the board of directors of PeopleFirst. … The Debtor explained that from 2006 to 2012, when the Debtor sat on the board, the board reviewed about 1 or 2 loan applica- ■ tions a month.

    Cited 6 timesPublished
  • Georgou v. Fritzshall (In Re Georgou)

    145 B.R. 36 · United States Bankruptcy Court, N.D. Illinois · Sep 14, 1992

    Ribstein, I Bromberg and Ribstein on Partnership § 4.07(h) (Little, Brown & Company, 1988). Therefore, the purpose of § 13 is not to shield the assets of innocent partners but to expose the liability of the partnership. … Id. at 555, 557 (intentional breach of fiduciary duty imputed to partnership under § 13); see also Salisbury v.

    Cited 2 timesPublished
  • Pitre v. First Federal Savings & Loan Ass'n (In Re Pitre)

    11 B.R. 777 · United States Bankruptcy Court, N.D. Illinois · May 18, 1981

    Adema v. Great Northern Development Co., 374 F.Supp. 318 (N.D.Ga. 1973); Sapenter v. Dreyco, Inc., 326 F.Supp. 871 (E.D.La. 1971), cert. denied, 406 U.S. 920 , 92 S.Ct. 1775 , 32 L.Ed.2d 120 (1972). … Section 1635(b) provides for the return of money or property to the creditor upon rescission by the obligor under section 1635(a), Harris v.

    Cited 19 timesPublished
  • CLC Creditors' Grantor Trust v. Sonnenschein Nath & Rosenthal LLP (In Re Commercial Loan Corp.)

    363 B.R. 559 · United States Bankruptcy Court, N.D. Illinois · Mar 14, 2007

    The other relies on res judicata, concluding that claims must be specified to avoid the preclusive effect of a confirmed plan. 10 *568 See, e.g., Browning v. Levy, 283 F.3d 761, 772-75 (6th Cir.2002); Alary Corp. v. … In Browning v.

    Cited 16 timesPublished
  • In re Elbers

    12 B.R. 64 · United States Bankruptcy Court, N.D. Illinois · Jun 17, 1981

    Jeffries cited Brown v. … In a certain context Brown v. Felsen has application.

    Cited 0 timesPublished
  • Chatz v. National Union Fire Insurance (In Re Nanovation Technologies, Inc.)

    347 B.R. 314 · United States Bankruptcy Court, N.D. Illinois · Jul 27, 2006

    Brown Dalias and Associates, Inc. v. General Accident Ins. … See FDIC v.

    Cited 0 timesPublished
  • Official Unsecured Creditors' Committee of Hearthside Baking Co. v. Cohen (In Re Hearthside Baking Co.)

    402 B.R. 233 · United States Bankruptcy Court, N.D. Illinois · Feb 27, 2009

    Wayne opposed this effort, causing a deadlock among the board’s directors, resulting in the Co-Trustees appointing Andee to the board, allegedly to break the deadlock. … In Beck v. Prupis, a former president of a corporation brought a RICO suit against the corporation’s former directors and officers for a scheme that ultimately led to the president’s dismissal by the board of directors.

    Cited 7 timesPublished
  • In Re Ligon

    97 B.R. 398 · United States Bankruptcy Court, N.D. Illinois · Feb 27, 1989

    McKinstry, 56 B.R. at 193 ; Binford, 53 B.R. at 309 ; Brown, 52 B.R. at 7 ; Associates Financial Services Corporation v. Cowen, (Matter of Cowen), 29 B.R. 888, 895 (Bankr.S.D.Ohio 1983). … McKinstry, 56 B.R. at 193 ; Brown, 52 B.R. at 7 .

    Cited 10 timesPublished
  • Spears v. Ford Motor Credit Co. (In Re Spears)

    223 B.R. 159 · United States Bankruptcy Court, N.D. Illinois · Aug 6, 1998

    (In re Massey), 210 B.R. 693 (Bankr.D.Md.1997); Brown v. Joe Addison, Inc. (In re Brown), 210 B.R. 878 (Bankr.S.D.Ga.1997); Brooks v. World Omni (In re Brooks), 207 B.R. 738 (Bankr.N.D.Fla.1997); Deiss v. … Hall Motors, Inc. v.

    Cited 17 timesPublished
  • In Re Central Ice Cream Co.

    59 B.R. 476 · United States Bankruptcy Court, N.D. Illinois · Jan 23, 1986

    Drexel v. Loomis, 35 F.2d 800, 806 (8th Cir.1929). … Brown v. Gerdes, 321 U.S. 178 at 181, 183-4, 187-8 , 64 S.Ct. 487 at 488, 489-90, 491-2 , 88 L.Ed. 659 (1944).

    Reversed by In Re Central Ice Cream Co., 114 B.R. 956 (1989)Cited 23 timesPublished
  • Dube v. United States (In Re Dube)

    169 B.R. 886 · United States Bankruptcy Court, N.D. Illinois · Jul 7, 1994

    In an emergency a quorum of two board members could make the decision. Lawrence testified that sometimes that quorum involved Janet and the third board member. … See Fulman v.

    Cited 9 timesPublished
  • Herzog v. Countrywide Home Loans (In Re Hunter)

    400 B.R. 651 · United States Bankruptcy Court, N.D. Illinois · Mar 10, 2009

    TILA’s implementing regulations, 12 C.F.R. §§ 226 et seq., known as “Regulation Z” are promulgated by the Federal Reserve Board. Hamm v. Ameriquest Mortg. Co., 506 F.3d 525, 528 (7th Cir.2007). … [u]nless demonstrably irrational, Federal Reserve Board staff opinions construing the Act or Regulation should be dispositive.” Ford Motor Credit Co. v.

    Cited 13 timesPublished
  • Brandt v. Leasing One Corp. (In re Equipment Acquisition Resources, Inc.)

    481 B.R. 433 · United States Bankruptcy Court, N.D. Illinois · Sep 28, 2012

    Relying, inter alia, on B.E.L.T., Inc. v. Wachovia Corp., 403 F.3d 474 (7th Cir.2005) and Sharp Int’l Corp. v. State St. Bank and Trust Co. … Brown, 265 U.S. 1 , 44 S.Ct. 424 , 68 L.Ed. 873 (1924). . The court notes that while under Rule 9(b), states of mind may be alleged generally, the Supreme Court noted in Ashcroft v.

    Cited 3 timesPublished
  • S.N.A. Nut Co. v. Haagen-Dazs Co. (In Re S.N.A. Nut Co.)

    247 B.R. 7 · United States Bankruptcy Court, N.D. Illinois · Apr 5, 2000

    Rich also had a series of conversations with Todd Brown (“Brown”) and Bill Newman (“Newman”) in HD’s quality assurance department. … Brown and Newman told him that HD was afraid that SNA employees, angered by SNA’s impending liquidation, might sabotage products. Neither Brown nor Newman was able to point out any instance of sabotage to Rich.

    Cited 3 timesPublished
  • Illinois Department of Revenue v. Valentino's Restoration & Cleaning Service (In Re Valentino's Restoration & Cleaning Service)

    215 B.R. 153 · United States Bankruptcy Court, N.D. Illinois · Nov 25, 1997

    Branson v. … Brown v. Evanston Bank (In re Brown), 126 B.R. 767, 771-72 (N.D.Ill.1991); McLaughlin v. Internal Revenue Service, (In re McLaughlin), 139 B.R. 9, 11-12 (N.D.Ohio 1991); Rose v.

    Cited 1 timesPublished
  • Carmel v. Orr (In re Lakeside Community Hospital, Inc.)

    220 B.R. 619 · United States Bankruptcy Court, N.D. Illinois · May 15, 1998

    The Trustee for this chapter 7 estate has petitioned the Court to issue a writ of mandamus against Respondents, the Cook County Board of Commissioners (“the Board”) and its president, John H. … Highsmith v.

    Cited 0 timesPublished
  • In Re Tucker

    430 B.R. 499 · United States Bankruptcy Court, N.D. Illinois · May 10, 2010

    (citing Leaf v. … The closest case is Christison v.

    Cited 4 timesPublished
  • Johns v. Steege (In Re National Industrial Chemical Co.)

    237 B.R. 437 · United States Bankruptcy Court, N.D. Illinois · Jul 13, 1999

    Brown v. Felsen, 442 U.S. 127, 131 , 99 S.Ct. 2205 , 60 L.Ed.2d 767 (1979). It bars relitigation of claims that were or could have been raised in an earlier proceeding. D & K Properties Crystal Lake v. Mutual Life Ins. … Brown, 442 U.S. at 131 , 99 S.Ct. 2205 . Res judicata applies to proceedings in bankruptcy. S.N.A. Nut Co. v. Haagen-Dazs Co., Inc., 215 B.R. 1004, 1008 (Bankr.N.D.Ill.1997).

    Cited 7 timesPublished
  • Brandt v. KLC Financial, Inc. (In re Equipment Acquisition Resources, Inc.)

    481 B.R. 422 · United States Bankruptcy Court, N.D. Illinois · Sep 28, 2012

    In Meoli v. … Brown, 265 U.S. 1 , 44 S.Ct. 424 , 68 L.Ed. 873 (1924). . The court notes that while under Rule 9(b), states of mind may be alleged generally, the Supreme Court noted in Ashcroft v.

    Cited 11 timesPublished

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