Case law

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

Joyce v. Wish (In re Wish)

472 B.R. 763 · United States Bankruptcy Court, N.D. Illinois · Apr 20, 2012

However, 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 . … While the fiduciary theory is certainly arguable as to the $100,000 taking, regardless of whether that theory applies here, Plaintiff clearly prevails under his larceny and embezzlement theory.

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

398 B.R. 608 · United States Bankruptcy Court, N.D. Illinois · Dec 18, 2008

“In order for a previous judgment to be conclusive, it must appear clearly and certainly that the identical and precise issue was decided in the previous action. … 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 .

Steege v. at & T (In Re Superior Toy & Manufacturing Co.)

183 B.R. 826 · United States Bankruptcy Court, N.D. Illinois · Jun 23, 1995

Under the expansive definition of a copyright, Nolan’s designs qualify as a copyright. Next, Nolan granted, orally, Superi- or a non-exclusive right to use its designs. … The payment of Nolan’s invoices were clearly not in the ordinary course of Superi- or’s business. As a result, Nolan’s § 547(c)(2) defense must be rejected. IV.

Kilen v. United States (In Re Kilen)

129 B.R. 538 · United States Bankruptcy Court, N.D. Illinois · Jun 28, 1991

The Court noted that the modifying language in § 101(5) “reflects Congress’ broad rather than restrictive view of the class of obligations that qualify as a ‘claim’ giving rise to a ‘debt’.” Id. at 2130. … In Kilen’s case, on the other hand, all the activities that would establish liability have already occurred. 15 *550 The existence of concrete injury to Kilen is real.

Pre-Press Graphics Co. v. Brides Noir, LLC (In Re Pre-Press Graphics Co.)

310 B.R. 905 · United States Bankruptcy Court, N.D. Illinois · Jun 22, 2004

Although Beevers offered evidence of printing industry standards and practices, Pre-Press did not identify or qualify him as an expert witness. … Thus, Pre-Press's failure to qualify Beevers as an expert witness is of no moment in this matter. 10 .

City of Chi. v. Spielman (In re Spielman)

588 B.R. 198 · United States Bankruptcy Court, N.D. Illinois · Aug 6, 2018

The party seeking summary judgment always bears the burden of establishing that there are no genuine issues of material fact in dispute. Celotex Corp. v. … Congress included two qualifying phrases; the fines must be both 'to and for the benefit of a governmental unit,' and 'not compensation for actual pecuniary loss.' " Kelly v.

Baccala Realty, Inc. v. Fink (In Re Fink)

351 B.R. 511 · United States Bankruptcy Court, N.D. Illinois · Sep 5, 2006

Thus, the Creditor has established this element. Third, the Creditor must establish that the false statements and omissions were knowingly made. … The Court finds that the facts clearly entitle the Creditor to a judgment under Count I of the complaint. V.

All American Laundry Service v. Ascher (In Re Ascher)

128 B.R. 639 · United States Bankruptcy Court, N.D. Illinois · May 24, 1991

In addition, Debtor’s estate might be entitled to damages should it be established that Plaintiffs wrongfully converted estate property. … Abstention would serve only to hinder a swift and efficient resolution of the Removed Case, a resolution which is clearly of much importance to the creditors of the estate.

Grochocinski v. Kennedy (In Re Miller)

148 B.R. 510 · United States Bankruptcy Court, N.D. Illinois · Nov 30, 1992

The Miller Children Trust should not be confused with an ERISA qualified pension plan, which is exempted from a bankruptcy estate under § 541(c)(2) of the Bankruptcy Code. See, Patterson v. … An escrow account had been established at Chicago Title & Trust Company on July 28, 1992. 11 .

In Re Peachtree Lane Associates, Ltd.

198 B.R. 272 · United States Bankruptcy Court, N.D. Illinois · Jul 3, 1996

That the statute permits either establishes that Congress contemplated that they might be in two different districts. … The evidence does, however, clearly establish that the budget process was underway within this district during the Venue Period and was the responsibility of the Kemper Group. 7 .

Vallecillos v. Salgado (In re Salgado)

588 B.R. 209 · United States Bankruptcy Court, N.D. Illinois · Aug 16, 2018

The trustee must advise LEP individuals of free telephone and interpreter services offered by the program for the purposes of the meeting or that they may choose, at their expense, a qualified interpreter to assist them. … The Plaintiff has, therefore, established his prima facie case under section 727(a)(4)(A).

In Re Olde Prairie Block Owner, LLC

464 B.R. 337 · United States Bankruptcy Court, N.D. Illinois · Dec 22, 2011

The provision requires that CenterPoint “retain the liens *344 securing” its claims, a provision read to refer to all of those liens, even though they protect only to the extent of amounts of claims established. … (Updated Third Amended Plan Ex. 1) The offer clearly states that it “does not constitute an offer to sell or purchase any securities of the Debtor.” Id.

In Re UNR Industries, Inc.

71 B.R. 467 · United States Bankruptcy Court, N.D. Illinois · Mar 9, 1987

If the Legal Representative is successful in establishing a significant claim for these two and other putative claimants, resources which would otherwise be available to Mr. … Under the government contract defense doctrine, government contractors who manufacture products according to the specifications established by the United States Government share in the immunity extended to the United States

Bellevue Place Associates v. Caisse Centrale Des Banques Populaires (In Re Bellevue Place Associates)

173 B.R. 1009 · United States Bankruptcy Court, N.D. Illinois · Nov 1, 1994

Although BPA established the Operating Account, *1014 Meridien designated signatories of the Operating Account. 25. … The First Mortgage clearly and unambiguously grants CCBP a first hen on the Hotel and the “rents, issues and profits” of the Hotel.

In Re Shattuc Cable Corp.

138 B.R. 557 · United States Bankruptcy Court, N.D. Illinois · Apr 16, 1992

The Debtor and the Bank, however, respond that NAP’s rights have been extinguished by operation of law since the Bank qualifies as a good faith purchaser under § 2-403 of the UCC. … Although Video King, 100 B.R. at 1016 , cites the District Court decision in Bosler Supply as authority for this “value test,” the result reached therein is clearly contrary.

Jeffrey M. Goldberg & Associates, Ltd. v. Holstein (In Re Holstein)

272 B.R. 463 · United States Bankruptcy Court, N.D. Illinois · Sep 27, 2001

Taking these allegations as true, the omissions are clearly material, as they relate to the existence and disposition of assets, and they created a false impression of Debtor’s financial situation. … To qualify for special treatment under § 523(a)(4), the relationship must exist independent of the wrong alleged. In re Marchiando, 13 F.3d at 1115-16 .

In Re Dartmoor Homes, Inc.

175 B.R. 659 · United States Bankruptcy Court, N.D. Illinois · Oct 26, 1994

Clearly, the attorneys’ failure to file a timely proof of claim is the result of neglect, which, in turn, is attributable to Ziebell. … Clearly this has occurred in the present instance.

Aiello v. Providian Financial Corp. (In Re Aiello)

231 B.R. 693 · United States Bankruptcy Court, N.D. Illinois · Mar 25, 1999

Therefore, it is clearly a core matter. … Subsections (b)(1) and (b)(2) clearly do not *717 apply to this complaint.

Doly v. Chang (In Re Joy Recovery Technology Corp.)

286 B.R. 54 · United States Bankruptcy Court, N.D. Illinois · Nov 20, 2002

However, that case is clearly distinguishable from the case at bar. … Notwithstanding documents of the parties, the transaction clearly fit the definition of a leveraged buyout (“LBO”).