Case law

In Re Enyedi

371 B.R. 327 · United States Bankruptcy Court, N.D. Illinois · Jul 12, 2007

Based on his disclosure to the court, Attorney Doyle clearly has a contractual obligation to the Debtors to prepare and file the amended schedules at issue, in addition to rendering legal services to the Debtors "for all … serving under section 586(f) of title 28, surrender to the trustee all property of the estate and any recorded information, including books, documents, records, and papers, relating to property of the estate, whether or not immunity

In Re Stoecker

128 B.R. 205 · United States Bankruptcy Court, N.D. Illinois · May 21, 1991

In order to qualify as “actual” and “necessary” administrative expenses, expenditures must benefit the estate as a whole rather than just the creditor claimant. … With regard to reimbursement of expenses, W & S bears the burden of establishing that it is entitled to certain expenses which must be fully and clearly described.

In Re Knize

210 B.R. 773 · United States Bankruptcy Court, N.D. Illinois · Jun 17, 1997

Debtors clearly misread the Bankruptcy Code when arguing that an unsecured debt over $250,000 should be discounted to what their Plan offers in determining eligibility. … Therefore, for purposes of qualifying under § 109(e), it is only relevant how much the debtor owes, not how much the debtor actually intends to pay or can pay or will pay through the Plan.

Zamora v. Jacobs (In Re Jacobs)

448 B.R. 453 · United States Bankruptcy Court, N.D. Illinois · Jan 25, 2011

set forth an extensive discussion of the many respects in which ERISA dictates bear hallmarks of a trust, the duties owed by ERISA fiduciaries, and the several decisions addressing whether an ERISA fiduciary ipso facto qualifies … Moreover, even if the debt arising from the withdrawal of the Plan funds may not be excepted from discharge under the embezzlement prong of section 523(a)(4), the facts clearly establish that the debt is non-dischargeable

Levin v. Greco (In Re Greco)

397 B.R. 102 · United States Bankruptcy Court, N.D. Illinois · Nov 20, 2008

Under BAPCPA, the payee requirement is even more clearly set out, as separate paragraph (A) in the § 101(14A) definition of domestic support obligation. … A child representative is not a “legal guardian. ” Although Levin does not make the argument, it might be questioned whether, as a “child representative” under Illinois law, he would qualify as a “legal guardian” — one of

In Re Rybka

339 B.R. 464 · United States Bankruptcy Court, N.D. Illinois · Mar 20, 2006

Moreover, cases uniformly state that § 326(a) establishes only a cap or limit and is not a grant or entitlement. … The Trustee’s calculations are clearly in error. The amount remaining from the original figure, once the $5,000.00 and $45,000,00 figures are subtracted, is $101,963.01.

Pettibone Corp. v. Payne (In Re Pettibone Corp.)

151 B.R. 166 · United States Bankruptcy Court, N.D. Illinois · Jan 21, 1993

Thus, it is well established that a “creditor’s claim can be barred for untimeliness only upon a showing that it received reasonable notice.” New York v. … Class 4 claimants are not paid by Pettibone, but may recover from the “stock pool” established by the Plan.

Nguyen v. Van Quach (In Re Van Quach)

187 B.R. 615 · United States Bankruptcy Court, N.D. Illinois · Oct 10, 1995

Allegations in the pleadings are to be construed in favor of the nonmoving party and the motion should be granted “only if the moving party clearly establishes that no material issue of fact remains to be resolved and that … Plaintiff's reliance on In re Malcolm, 145 B.R. 259 (Bankr.N.D.Ill.1992) as establishing the standard for reasonable reliance is misplaced.

Steege v. Johnsson (In re Johnsson)

551 B.R. 384 · United States Bankruptcy Court, N.D. Illinois · Jun 2, 2016

The Bankruptcy Code does, however, qualify whether such property interests become property of a debtor’s bankruptcy estate. … This clearly established that the Debt- or, at the very least, was informed of her duty to report and turnover any inheritance that she may receive. For whatever reason, the Debtor decided to ignore this duty.

Colemichael Investments, L.L.C. v. Burke (In Re Burke)

405 B.R. 626 · United States Bankruptcy Court, N.D. Illinois · Jun 10, 2009

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 . … A review of the evidence in this matter leads the Court to conclude that ColeMichael was clearly injured by Burke’s conduct.

In Re Kmart Corp.

362 B.R. 361 · United States Bankruptcy Court, N.D. Illinois · Feb 14, 2007

Clearly, Claimants were not parties to the contested proceeding commenced when Kmart objected to the BONY Claims. Claimants did not intervene and were not joined in that proceeding. … Moreover, given the large number of lease claims asserted against the estate and the sophistication of Kmart and its counsel, clearly Kmart understood the import of the Agreed Order.

National Union Fire Insurance v. Timothy D. (In re Timothy D.)

510 B.R. 172 · United States Bankruptcy Court, N.D. Illinois · Apr 30, 2014

company’s failure to record the Mortgage rendered it utterly invalid; (2) only their wholly-owned company, Nevelco, Inc., should be bound by the Note and Mortgage that the Debtors both signed individually; (3) the Debtors are immune … Accordingly, the principles set forth in Haas clearly apply, and the Court rejects as a matter of law the Debtors’ contention that it was not obligated under the due-on-sale clause of the Mortgage because it was not timely

In Re Val W. Poterek & Sons, Inc.

169 B.R. 896 · United States Bankruptcy Court, N.D. Illinois · Jul 19, 1994

In the dismissal order, it was found that Goodmark did not qualify as a petitioning creditor under § 303(b) because it was a debtor, not a creditor, of Poterek & Sons. … On the trial record, it was established that $5,000.00 was actually paid to counsel for movants.

Webster Bank, National Ass'n v. Contos (In Re Contos)

417 B.R. 557 · United States Bankruptcy Court, N.D. Illinois · Oct 29, 2009

The burden of proof required to establish an exception to the discharge of a debt is a preponderance of the evidence. Grogan v. … Based on the Debtors’ 2005 federal income tax return, however, that amount was clearly false and substantially greater than that represented on their income tax return.

Media House Productions, Inc. v. Amari (In re Amari)

483 B.R. 836 · United States Bankruptcy Court, N.D. Illinois · Nov 27, 2012

A “false pretense” is established or fostered *847 willfully, knowingly and by design; it is not the result of inadvertence. Id. … The term “acting in a fiduciary capacity” does not qualify the word “embezzlement” in § 523(a)(4), so any debt resulting from embezzlement falls within the exception.

In Re Farley Inc.

152 B.R. 516 · United States Bankruptcy Court, N.D. Illinois · Mar 10, 1993

To qualify for treatment of § 365(d)(3), a landlord must first establish that its claim against the debtor (i) arose post-petition (ii) under an unexpired lease of non-residential real property. … However, the initial issue presented here is whether a landlord must also establish that the debtor was a lessee on the unexpired lease.

In Re Griffin

313 B.R. 757 · United States Bankruptcy Court, N.D. Illinois · Aug 26, 2004

The Ninth Circuit had previously advanced the notion that the portion of the retainer reflecting work done during the bankruptcy is immune from discharge, while the portion reflecting pre-filing work would be discharged because … This statement, however, is clearly in contravention of the Supreme Court's holding in Larnie v. U.S.

Krol v. Key Bank National Ass'n (In re MCK Millennium Centre Parking, LLC)

532 B.R. 716 · United States Bankruptcy Court, N.D. Illinois · Apr 30, 2015

Section 101(22)(A) clearly states that a commercial bank is a financial institution. (Amended Complaint, ¶ 8.) … and predictably using well established principles of statutory construction.”

Reid v. Wolf (In re Wolf)

595 B.R. 735 · United States Bankruptcy Court, N.D. Illinois · Nov 19, 2018

The alleged transfer of ZZC stock qualifies as a transfer of an interest of the debtor in property. … But one clearly cannot transfer property to oneself. It is a conceptual absurdity.

In Re Molnar

441 B.R. 108 · United States Bankruptcy Court, N.D. Illinois · Dec 15, 2010

Therefore, according to Ford, the minimum that qualifies as performance is the filing of an actual timely motion to redeem. … If debtor performs his duties, then the burden shifts to creditors to establish grounds for relief from stay.