Case law

In re Laporta

578 B.R. 792 · United States Bankruptcy Court, N.D. Illinois · Dec 5, 2017

By its own terms the section only qualifies the right to cure provided by Sections 1322(b)(3) and (5), placing temporal limits on when such powers can be exercised. … Although Chapter 13 more clearly provides for cure over time in Section 1322(b)(5), the absence of a similar provision in Chapter 11 is not an indication that cure in installments is not permitted.

Herbstein v. Bruetman (In Re Bruetman)

259 B.R. 649 · United States Bankruptcy Court, N.D. Illinois · Mar 8, 2001

However, it need not be determined here that Bruetman was a fiduciary because the embezzlement element was clearly established. … In § 523(a)(4), the term “while acting in fiduciary capacity” does not qualify the words “embezzlement” or “larceny”.

In Re Casper

153 B.R. 544 · United States Bankruptcy Court, N.D. Illinois · Feb 25, 1993

The plan, however, qualifies the distribution among creditors: 100% to secured creditors outside the plan and 10% to unsecured creditors through the plan. … Requiring the Debtors to satisfy 80% of their unsecured debt by committing all of their disposable income over 60 months fails to establish how the Debtors have been harmed.

Brandt v. Carlson (In Re Carlson)

231 B.R. 640 · United States Bankruptcy Court, N.D. Illinois · Mar 10, 1999

Evidence clearly established that the Debtor failed to keep or preserve sufficient documents and recorded information from which his financial condition or business transactions might be ascertained. 33. … Rather, it was established that he thereby paid past due obligations to Loraine.

In re Ace Track Co.

556 B.R. 887 · United States Bankruptcy Court, N.D. Illinois · Sep 13, 2016

But ■there is nothing in the Stay Relief Order that says that clearly. … The Bankruptcy Code clearly allows for the stay to be applied by motion.

In Re Chicago Lutheran Hospital Ass'n

89 B.R. 719 · United States Bankruptcy Court, N.D. Illinois · Jul 20, 1988

The sinking fund was clearly part of HUD’s collateral and thus was cash collateral. … It clearly rendered valuable services. The question is what is the value of those services.

Vozella v. Basel Van Aswegen (In Re Basel Van Aswegen)

366 B.R. 850 · United States Bankruptcy Court, N.D. Illinois · Apr 12, 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 .

In Re Multiut Corp.

449 B.R. 323 · United States Bankruptcy Court, N.D. Illinois · Apr 19, 2011

Moreover, the release may not provide for “blanket immunity.” Id. The immunity afforded by the release must not affect matters beyond the jurisdiction of the court or unrelated to the reorganization. Id. … Clearly, the Plan does not accurately set forth the expected minimum percentage distribution to unsecured creditors.

Durrani v. Educational Credit Management Corp. (In Re Durrani)

311 B.R. 496 · United States Bankruptcy Court, N.D. Illinois · Jun 30, 2004

Durrani suffers from diabetes and other disabilities sufficient enough to qualify for a permanent handicapped parking placard from the Illinois Secretary of State. … Clearly Durrani cannot maintain a minimal standard of living and repay this loan. *506 4. The ICRP is Only One Factor for a Court to Consider in Determining Whether Undue Hardship Exists.

Rezin v. Barr (In Re Barr)

183 B.R. 531 · United States Bankruptcy Court, N.D. Illinois · Jun 27, 1995

However, the parties clearly agreed that both Debtors’ bankruptcy case and this Adversary would be dismissed, leaving the parties to the pending state court litigation. … Plaintiffs must establish that they qualify for Rule 60(b) relief by “clear and convincing evidence.” Lonsdorf v. Seefeldt, 47 F.3d 893, 897 (7th Cir.1995) (citation omitted); Simons, 715 F.2d at 1252 .

Shaw Steel, Inc. v. Morris (In Re Morris)

230 B.R. 352 · United States Bankruptcy Court, N.D. Illinois · Feb 25, 1999

The Affidavit is clearly a statement in writing and it is a statement representing the Debtor’s financial condition. The parties have no dispute regarding these two elements. … “It is well-established that writings with pertinent omissions may qualify as materially false for purposes of § 523(a)(2)(B).” Community Bank of Homewood-Flossmoor v.

Structured Asset Services, L.L.C. v. Self (In Re Self)

325 B.R. 224 · United States Bankruptcy Court, N.D. Illinois · May 23, 2005

Self was made on January 16, 2001, clearly within that time frame. See Creditor Ex. No. 4i. Accordingly, the Debtor’s answer was false. … Thus, the Creditor has established this element. Third, the Creditor must establish that the false statements and omissions were knowingly made.

In Re Farley, Inc.

237 B.R. 702 · United States Bankruptcy Court, N.D. Illinois · Jun 7, 1999

As § 4123.75 clearly stated, it only allowed recovery against an employer that failed to comply with § 4123.35. … workers’ compensation coverage for employers under the state, and granting qualifying employers the privilege of self-insurance, and auditing and monitoring self-insurers to ensure compliance.

Doctors Hospital of Hyde Park, Inc. v. Desnick (In Re Doctors Hospital of Hyde Park, Inc.)

373 B.R. 53 · United States Bankruptcy Court, N.D. Illinois · Jul 25, 2007

The Daiwa Loan documents were not ambiguous; they clearly stated that MMA Funding was the borrower, not Doctors Hospital. Prior to trial in this case, the Defendant moved for summary judgment. … “Under New York law there is well-settled principal that a third party cannot enforce a contractual obligation which is not clearly intended to benefit that party.”

In Re Consupak, Inc.

87 B.R. 529 · United States Bankruptcy Court, N.D. Illinois · Jun 3, 1988

Edward Lim-peris was appointed Trustee and qualified by filing bond on February 8, 1979. … As earlier discussed, the existence of custom does not establish the standard of care by which trustee’s actions should be judged.

Sullivan v. Glenn (In re Glenn)

502 B.R. 516 · United States Bankruptcy Court, N.D. Illinois · Nov 15, 2013

Michael’s counsel was clearly well versed in the application of Illinois law to this issue, and targeted his questioning of Michael accordingly. … If the third party lies about his assets in order to qualify to be the guarantor, then the borrower will have, in effect, obtained 'money ... by ... false pretenses, a false representation, or actual fraud,’ even if she did

Voiland v. Gillissie (In Re Gillissie)

215 B.R. 370 · United States Bankruptcy Court, N.D. Illinois · Dec 15, 1997

Bankruptcy Rule 4003(b) establishes the time limits within which a trustee or any creditor may file objections to the list of property claimed exempt. … The other principal goal is to obtain maximum dividends for the creditors in the order of priority established by the Code. That is what the Trustee’s efforts seek.

In Re Madison Management Group, Inc.

137 B.R. 275 · United States Bankruptcy Court, N.D. Illinois · Jan 24, 1992

Shortly thereafter, Adelman, Gettleman & Merens provided former management with several names of persons qualified to manage the Debtor free of any conflict of interest. David Abrams’ name was included. 11. … In this case, the Movants did establish by clear and convincing evidence that there is an appearance of impropriety because GAIGI appointed Abrams as the sole director of the Debtor.

Casey v. Transport Life Insurance (In Re Dorsey)

162 B.R. 150 · United States Bankruptcy Court, N.D. Illinois · Dec 9, 1993

The United States Supreme Court has held that the burden of proof required for establishing an exception to discharge is a preponderance of the evidence. Grogan v. … Even though a private cause of action does not exist under this statute, it clearly prohibits misrepresentation by, among others, both brokers and agents.

In Re Carl F. Semrau DDS, Ltd.

356 B.R. 677 · United States Bankruptcy Court, N.D. Illinois · Dec 14, 2006

In the end, the movant Debtors bear the burden of establishing the existence of federal jurisdiction by competent proof. Id. at 855 . … The standard for objective bad faith, on the other hand, “does not require a finding of malice or ill will; reckless indifference to the law will qualify.” Id.