Case law

In Re Liptak

304 B.R. 820 · United States Bankruptcy Court, N.D. Illinois · Jan 22, 2004

If a judgment from another state qualifies as valid and enforceable, other state courts have a constitutional obligation to recognize the final judgment from the foreign state, even if it originated from a law that is at … Instead, he is clearly solvent. He has no real need to bring voluminous litigation to one federal forum in hopes of a “global settlement.”

Kmart Corp. v. Intercraft Co. (In Re Kmart Corp.)

310 B.R. 107 · United States Bankruptcy Court, N.D. Illinois · May 18, 2004

This amount does not include certain other payments that could potentially qualify as preferential transfers. … The party seeking to establish that the doctrine of res judicata applies, has the burden of proving all of its elements. Id. That party also carries the burden of establishing that no exception to res judicata exists.

Redfield v. Peat, Marwick, Mitchell & Co. (In Re Robertson)

105 B.R. 440 · United States Bankruptcy Court, N.D. Illinois · Aug 29, 1989

Facts Not Established or Discussed by the Parties One key fact has not been established on this record and the parties have not referred to it in their submissions. … Section 522(Z) and Rule 4003 ... clearly place the burden on the creditor of taking timely affirmative action....

Briseno v. Mutual Federal Savings & Loan Ass'n (In re Briseno)

496 B.R. 509 · United States Bankruptcy Court, N.D. Illinois · Aug 2, 2013

The Debtors, as the parties seeking to strip the liens, bear the burden to establish the values of the properties. See Hernandez v. TCF Banking & Savs. (In re Hernandez), 493 B.R. 46, 50 (Bankr.N.D.Ill.2013). … The Court was presented with two competing appraisals of the 4731 Property, each made by a qualified appraiser, stating significantly diverging values under the sales comparison approach.

Bank of America, N.A. v. Outboard Marine Corp. (In Re Outboard Marine Corp.)

304 B.R. 844 · United States Bankruptcy Court, N.D. Illinois · Jan 29, 2004

As for paragraph 10, the Bank urges the Court to strike the portion that refers to “the customs in Federal-Mogul’s industry,” because Federal-Mogul has not established that Harvey is qualified to testify about the standards … Section 4 of the Indiana statute clearly indicates that notice to the customer is required, regardless of whether or not the recipient of that notice has knowledge of the lien. See Ind.Code § 32-33-16-4.

S.N.A. Nut Co. v. Tulare Nut Co. (In Re S.N.A. Nut Co.)

204 B.R. 537 · United States Bankruptcy Court, N.D. Illinois · Jan 23, 1997

The parties dispute whether Tulare has demonstrated that those walnuts were grown by Tulare so as to qualify Tulare as a “Producer.” … McGeorge, 595 So.2d 203, 204 (Dist.Ct.App.Fla.1992) (A constructive trust can be imposed only where the trust res is specific identifiable property, or it can be clearly traced.); Fore Way Express, Inc. v.

Newman v. Associated Bank, National Ass'n (In re World Marketing Chicago, LLC)

574 B.R. 670 · United States Bankruptcy Court, N.D. Illinois · Jul 31, 2017

Rule 702 of the Federal Rules of Evidence, which states, “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to under *681 stand the evidence or to determine a fact in issue, a witness qualified … While Taxman may have expressed a preference, it clearly contemplated that each valuation method had its place. As a result, Associated overgeneralizes the Taxman holding.

In re Woodruff

600 B.R. 616 · United States Bankruptcy Court, N.D. Illinois · Apr 30, 2019

First, despite Wheeler's contentions, the Claim does not clearly assert how Wheeler is owed the full value of the Property as claimed. … The Debtor also argues that Wheeler has failed to establish a value for the Property in excess of the amount provided in the Debtor's Proposed Plan.

Schwinn Plan Committee v. Transamerica Insurance Finance Corp. (In Re Schwinn Bicycle Co.)

200 B.R. 980 · United States Bankruptcy Court, N.D. Illinois · Sep 25, 1996

The Schwinn Plan Committee was established pursuant to Article IX of the Plan to perform various tasks involving plan implementation. … All six elements must be established in order to avoid a transfer. Barash v. Public Fin. Corp., 658 F.2d 504 , 507 (7th Cir.1981).

In Re Cadwell's Corners Partnership

174 B.R. 744 · United States Bankruptcy Court, N.D. Illinois · Nov 17, 1994

Ghilarducci, 3 Ill.2d 454 , 121 N.E.2d 752 (1954), implicitly overruled this particular portion of the Rohrer decision, and held that a mortgage does not convey title, qualified or otherwise, to the mortgagee. … Illinois law clearly provides that a mortgagor’s ownership interest in mortgaged property and assigned rents are not extinguished by the execution of a mortgage or the appointment of a receiver in foreclosure proceedings.

Home Savings Ass'n of Kansas City, F.A. v. Woodstock Associates I, Inc. (In Re Woodstock Associates I, Inc.)

120 B.R. 436 · United States Bankruptcy Court, N.D. Illinois · Oct 24, 1990

At the end of any given year, a final rate is established for each participating nursing home. … In order to qualify as “actual” and “necessary” administrative expenses, expenditures must benefit the estate as a whole rather than just the creditor claimant.

Grochocinski v. Campbell (In re Campbell)

475 B.R. 622 · United States Bankruptcy Court, N.D. Illinois · Jul 2, 2012

manager-managed company ... (3) a manager: (A) must be designated, appointed, elected, removed, or replaced by a vote, approval or consent of a majority of the members; and (B) holds office until a successor has been elected and qualified … In short, while the Debtors’ membership interests in OPAR became property of their bankruptcy estate, the LLC Act clearly leads to the conclusion that the LLC’s assets are not *632 property of the LLC’s owner.

Gyncor, Inc. v. Healthshield Capital Corp. (In Re Gyncor, Inc.)

251 B.R. 344 · United States Bankruptcy Court, N.D. Illinois · Jul 27, 2000

It is a well established that parties cannot, by agreement, confer subject matter jurisdiction upon a court. 10 Insurance Corp. of Ireland, Ltd. v. … His purchase of the cause of action made the parties diverse and qualified the case for federal jurisdiction.

Bachrach Clothing, Inc. v. Bachrach (In re Bachrach Clothing, Inc.)

480 B.R. 820 · United States Bankruptcy Court, N.D. Illinois · Oct 10, 2012

There the court held that the State of Mississippi relinquished any right of sovereign immunity by filing a proof of claim even where that proof of claim stated that the State “reserved” state sovereign immunity. … His report clearly relies on the combined actions of Sellers and Sun.

Law Firm of Morgan v. LeRoy (In Re LeRoy)

251 B.R. 490 · United States Bankruptcy Court, N.D. Illinois · Jul 13, 2000

To establish that a debt is nondischargeable for reasons of fraud or defalcation while acting in a fiduciary capacity, the Law Firm must establish, by a preponderance of the evidence, the existence of an express trust or … To qualify under § 523(a)(4), a fiduciary relation must have *500 an existence independent of a debtor’s wrongdoing.

Fiala v. Lindemann (In Re Lindemann)

375 B.R. 450 · United States Bankruptcy Court, N.D. Illinois · Sep 20, 2007

Third, the Plaintiff must establish that the Debtor knowingly made a false statement or omission. … Thus, because the Plaintiff has failed to establish that the Debtor made a false statement, the Plaintiff cannot establish the Debtor had fraudulent intent.

In Re Carlson

189 B.R. 454 · United States Bankruptcy Court, N.D. Illinois · Dec 5, 1995

United States, 602 F.2d 734, 739 (6th Cir.1979), which held a District Court’s invocation of equity to reduce interest owing under § 6601 to be “clearly erroneous,” and United States v. … To qualify for "independent contractor" tax treatment the taxpayer has to show (1) it did not treat the workers as employees for employment tax purposes; (2) all federal tax returns for periods after 1978 (including informational

In Re Lund

187 B.R. 245 · United States Bankruptcy Court, N.D. Illinois · Sep 7, 1995

That principle of cost-benefit analysis bears consideration when applying § 506(b), which expressly qualifies and limits by reasonableness the fees allowed to oversecured creditors. … Clearly, the claim arose prepetition. The Debtor's nonpayment of the demanded assessments, late charges, fees, and expenses began years prior to the bankruptcy case.

In Re Gossett

23 A.L.R. Fed. 2d 751 · United States Bankruptcy Court, N.D. Illinois · Apr 24, 2007

Congress easily could have added the additional phrase “at any time, including the dale of filing” to qualify the last pertinent part of § 109(h)(1), and avoid recourse to the Rule, but did not. … Hence, the Debtor has not established this final element. For all of these reasons, the Court denies the Debtor’s motion for sanctions. C.

August v. Michigan Avenue National Bank (In re Michigan Avenue National Bank)

2 B.R. 171 · United States Bankruptcy Court, N.D. Illinois · Jan 11, 1980

are: (a) in the conveyance clause the words “GRANT” and “CONVEY”, (b) in the quantity clause the words “. . . any and all rights and interests of every name and nature now or hereafter owned by the Mortgagor (c) and the qualifying … It did not cause a sale, and it did not establish a deficiency.