Case law

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.

Envirodyne Industries, Inc. v. Connecticut Mutual Life Co. (In Re Envirodyne Industries, Inc.)

174 B.R. 986 · United States Bankruptcy Court, N.D. Illinois · Dec 1, 1994

It is undisputed that the Defendants qualify under § 303(b) to institute an involuntary petition. … That is, creditors with the same priority would be treated equally but subject to previously established unequal priority arrangements among classes of creditors. See Mark J.

In Re Weatherspoon

101 B.R. 533 · United States Bankruptcy Court, N.D. Illinois · Jun 22, 1989

Section 12-805 establishes the procedures for issuance of a summons in a wage deduction proceeding. … Illinois courts have not clearly defined the debtor’s interest in property after service of garnishment summons and before entry of a wage deduction order.

In Re Keneco Financial Group, Inc.

131 B.R. 90 · United States Bankruptcy Court, N.D. Illinois · Jul 5, 1991

It is well established that leases such as the House Leases are chattel paper. … However, Debtor’s contention is without merit since clearly the Debtor could have been allowed to place additional junior liens on the House Leases in order to continue funding its business.

American National Bank & Trust Co. v. Matrix IV, Inc. (In Re S.M. Acquisition Co.)

296 B.R. 452 · United States Bankruptcy Court, N.D. Illinois · Aug 4, 2003

A Daubert hearing was held to determine if he qualified as an expert witness. … But this is insufficient to establish that the Bank intended to exclude the molds at Matrix from its lien.

Dube v. United States (In Re Dube)

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

As a result, contributions which the Dubes could substantiate as having been made to qualified charitable organizations were all allowed as charitable deductions. Also, the Dubes’ tax deficiencies were reduced. … SECTION 523(a)(1)(C) Lawrence has clearly vocalized his approach to payment of income taxes. His various activities here pursued his goal of evading and defeating the IRS.

Brant v. Gerardo (In Re Gerardo Leasing, Inc.)

173 B.R. 379 · United States Bankruptcy Court, N.D. Illinois · Oct 3, 1994

He has qualified and has been acting as such since his appointment. … This line of precedence is clearly distinguishable, however, from the case here.

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

420 B.R. 448 · United States Bankruptcy Court, N.D. Illinois · Nov 25, 2009

Professor Hazard’s curriculum vitae clearly establishes that he is a qualified expert in bankruptcy ethics. (Hazard Affidavit Ex. B.) … This evidence is enough to determine that $800 an hour is what is ordinarily billed and collected by him as a qualified expert in the pertinent area of expertise.

In Re Dalip

194 B.R. 597 · United States Bankruptcy Court, N.D. Illinois · Apr 3, 1996

Economic pressure and even the *602 possibility of severe financial loss also do not qualify as duress. As stated in Higgins v. … The basic principles of res judicata in Illinois are well-established.

In re LHC, LLC

497 B.R. 281 · United States Bankruptcy Court, N.D. Illinois · Jul 16, 2013

Pakter, also a CPA and certified fraud examiner, was qualified by the Court as an expert in forensic accounting and business strategies for distressed entities. IV. … If the debtor clearly appears incapable of discharging those duties, appointment of a trustee is not only warranted but required.

In Re Balaja

190 B.R. 335 · United States Bankruptcy Court, N.D. Illinois · Jan 4, 1996

A policy of extending “straight bankruptcy” relief — liquidation of nonexempt assets followed by discharge — despite a debtor’s having disposable income was well-established prior to the adoption of the Code. … thus not qualify for chapter 7 relief.

In Re Englewood Community Hospital Corp.

117 B.R. 352 · United States Bankruptcy Court, N.D. Illinois · Jul 26, 1990

In order to qualify as “actual” and “necessary” administrative expenses, expenditures must benefit the estate as a whole rather than just the creditor claimant. … After hearing all the testimonial evidence and reviewing all of the admitted documentary exhibits, the Court is clearly convinced that Berlin was the agent for The Devon Group, not the Trustee.

Maxwell v. Progressive Technologies, Inc. (In Re MarchFirst, Inc.)

388 B.R. 858 · United States Bankruptcy Court, N.D. Illinois · Jun 5, 2008

Even with the assistance of qualified professionals such as PriceWaterhouse-Coopers, the Schedules could not be filed until November 7, 2001, seven months after the case was filed. … PTI issued an invoice, the face of which clearly indicated that the terms of payment were “Net 30.” In addition, PTI stamped the invoice as “Past Due.”

Schaffer v. Dempster (In Re Dempster)

182 B.R. 790 · United States Bankruptcy Court, N.D. Illinois · Jun 5, 1995

Schaffer did not establish that he contributed his own funds to that account. … Thus, Plaintiff failed to qualify his judgment debt as non-disehargeable under § 523(a)(4).

In Re Chicago Partnership Board, Inc.

236 B.R. 249 · United States Bankruptcy Court, N.D. Illinois · Jul 8, 1999

In sum, Fifth Third Bank has failed to establish all the elements of equitable estoppel. C. … Bankruptcy Rule 3002 establishes the time by which an unsecured creditor must file a proof of claim.

Indiana Lumbermens Mutual Insurance v. Rusty Jones, Inc. (In Re Rusty Jones, Inc.)

124 B.R. 774 · United States Bankruptcy Court, N.D. Illinois · Mar 13, 1991

However, that issue is inextricably tied to the remaining issues to be resolved in the Adversary Proceeding which do clearly arise under Title 11. … In Chicago, the Seventh Circuit reasoned that a bankruptcy court is qualified to decide a suit where “no more uncertainty attends [its] disposition than is present in the decision of most legal questions ... or where the

United Air Lines, Inc. v. UMB Bank, N.A. (In Re UAL Corp.)

374 B.R. 625 · United States Bankruptcy Court, N.D. Illinois · Aug 24, 2007

As discussed below, the evidence presented at a trial of this issue establishes that the value of the leasehold is $33,455,055. … Therefore the taxable equivalent of the current yield to maturity of GARBs is not by itself adequate to establish a discount rate.

Gasunas v. Yotis (In re Yotis)

548 B.R. 485 · United States Bankruptcy Court, N.D. Illinois · Mar 29, 2016

Gasunas and Cavello frequented the same Starbucks establishment and formed a friendship. (Slip. ¶ 6.) … In the case of an individual, for example, “statements of income and expenses or schedules of assets and liabilities” will qualify. Id.

In Re S.N.A. Nut Co.

186 B.R. 98 · United States Bankruptcy Court, N.D. Illinois · Aug 31, 1995

The Court finds that the intent and agreement were that if Alimenta was outbid it was entitled to apply for a breakup fee, but if no sale was approved Alimenta could attempt to qualify itself under 11 U.S.C. § 503 (b) as … Although “substantial contribution” is not defined in the Code, case law has established that for an entity to recover under § 503(b) it must show that (1) the services were rendered to benefit all parties in the case and

Vozella v. Basel-Johnson (In Re Basel-Johnson)

366 B.R. 831 · United States Bankruptcy Court, N.D. Illinois · Apr 17, 2007

An express or technical trust requires an explicit declaration of trust, a clearly defined trust res, and an intent to create a trust. Monroe, 304 B.R. at 358 . … A fiduciary relationship qualifies under § 523(a)(4) only if it “imposes real duties in advance of the breach.... ” Marchiando, 13 F.3d at 1116 .