Case law

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

360 B.R. 787 · United States Bankruptcy Court, N.D. Illinois · Mar 2, 2007

Plaintiffs evidence directly established that Doctors Hospital clearly did not receive reasonably equivalent value for the rental payments it made pursuant to the Lease. … The Motion was clearly warranted at the time because the property was not needed and the rent payments were excessive. The Lease was clearly a burden.

In Re Better Care, Ltd.

97 B.R. 405 · United States Bankruptcy Court, N.D. Illinois · Mar 1, 1989

In the Findings, this Court found that Akkeron did not qualify as a petitioning creditor under Section 303(b) because his claims against Better Care were contingent as to liability. … The evidence established that both Broadway Land and Bank acquiesced in these late payments and further that no payment to either Broadway Land or Bank was more than one month late.

Matter of Wildman

30 B.R. 133 · United States Bankruptcy Court, N.D. Illinois · May 6, 1983

BACKGROUND Probably the greatest problem presented to the Anglo-American bankruptcy practice throughout its 440 year history has been the absence of a broad and clearly defined jurisdiction. … Prestige is a very important factor in attracting highly qualified men and women to the federal bench... Creation of a specialized bankruptcy court would lead to wholesale appointment of current bankruptcy referees.”

In Re Maurice

167 B.R. 114 · United States Bankruptcy Court, N.D. Illinois · Mar 31, 1994

A judge is presumed qualified to hear a proceeding and the movant has the burden of proving otherwise. Idaho v. Freeman, 478 F.Supp. 33 (D.Idaho 1979). … Restrictions on attorneys’ rights to practice inherently involve disciplinary matters better reserved to those bodies who clearly have the authority to suspend or disbar.

Yorke v. Citibank, N.A. (In Re BNT Terminals, Inc.)

125 B.R. 963 · United States Bankruptcy Court, N.D. Illinois · Feb 21, 1991

Shopko deposited the purchase price into the escrow established for the purpose of purchasing the Omaha Terminal from the debtor BNT. BNT deposited the deed. … There is absolutely no basis in law or in fact that can sustain Home State’s position and clearly equity should not do so. The court dismisses these defenses.

In Re Kids Creek Partners, L.P.

220 B.R. 963 · United States Bankruptcy Court, N.D. Illinois · Apr 24, 1998

To qualify for this superpriority, § 507(b) states that the creditor must have a claim allowable under section 507(a)(1). … None of that was established by proof.

Tidwell v. Smith (In Re Smith)

379 B.R. 315 · United States Bankruptcy Court, N.D. Illinois · Dec 7, 2007

However, he clearly had knowledge of the serious suits against him in the state court cases and even identified those suits on his Statement of Affairs. … CONCLUSION The Bankruptcy Code and Rules establish precise requirements to protect both debtors and creditors.

Green Bay Packaging, Inc. v. Oscarson (In Re Oscarson)

363 B.R. 542 · United States Bankruptcy Court, N.D. Illinois · Mar 6, 2007

Clearly Schedule C contradicted what Jeff wrote on the first page of the 2003 Financial Statement, and should have at least raised a question about the value of the policy. … Yacobian, 24 Mass.App.Ct. 946 , 508 N.E.2d 1389, 1389 (1987) (“A spouse in circumstances where divorce proceedings are ‘imminent’ may qualify as a creditor ...

Rutkowski v. Adas (In re Adas)

488 B.R. 358 · United States Bankruptcy Court, N.D. Illinois · Mar 7, 2013

Moreover, only those fiduciary relationships that “impose[] real duties in advance of the breach” qualify under the Bankruptcy Code. … Czeblakow provided what appeared to be an excellent simultaneous translation, speaking rapidly enough to keep up with Adas but also clearly and without hesitation.

Voiland v. Kimmell (In re Kimmell)

480 B.R. 876 · United States Bankruptcy Court, N.D. Illinois · Oct 12, 2012

The Assignment of Interest in Marital Property by Operation of Law was Clearly not for Less than Reasonably Equivalent Value The second potential transfer occurred by operation of law under the Illinois Marriage and Dissolution … See 735 ILCS 5/12-1001(e) ($2,400 exemption in one motor vehicle); 11 U.S.C. § 522 (b)(C) (exemption for tax-qualified retirement funds); 735 ILCS 5/12-1001(b) (exemption of up to $4,000 in any other personal property).

Herzog v. SunarHauserman (In Re Network 90º, Inc.)

98 B.R. 821 · United States Bankruptcy Court, N.D. Illinois · Jan 23, 1989

Cross-motions for summary judgment do not require the court to decide the case on those motions; the court can deny both motions if both parties have failed to meet the burden of establishing no genuine issue of material … While precedent does not clearly show that the earmarking rationale applies to postpet-ition transfers as well as prepetition transfers, the doctrine logically applies.

In Re Mid-City Parking, Inc.

332 B.R. 798 · United States Bankruptcy Court, N.D. Illinois · Oct 31, 2005

In other cases the issue does not materialize because the debtor-in-possession or trustee clearly wants the appellate forum to enforce the automatic stay of the appeal from the judgment against the debtor’s estate. … "In this chapter — (1) ‘debtor in possession' means debtor except when a person that has qualified under section 322 of this title is serving as trustee in the case...." 11 U.S.C. § 1101 (1). 9 .

Kimball Hill, Inc.

United States Bankruptcy Court, N.D. Illinois · Sep 30, 2020

Further, the Appellate Opinion states that this court “stated that creditors ‘may be held in contempt if they willfully violated the injunction,’ and that such ‘burden is met by establishing that [the creditors] (1) had … In Kimball II, the court stated that “[t]he evidence, in fact, demonstrates clearly that if any party was testing the waters, it was F&D.

In Re Stoecker

143 B.R. 118 · United States Bankruptcy Court, N.D. Illinois · May 26, 1992

In ZZZZ Best, the Court considered whether preferential payments on long-term debt could qualify for the ordinary course of business exception found in section 547(c)(2). … Without such documentation, the holder does not establish a prima facie claim.

In Re Pullman Construction Industries Inc.

107 B.R. 909 · United States Bankruptcy Court, N.D. Illinois · Feb 2, 1990

The overall facts clearly establish that the impaired secured creditor Wells Fargo is not treated “fairly and equitably” vis-a-vis every other class of claimants. … Only a small portion thereof attributable to work on liquidating the Sheraton claim for benefit of Wells Fargo has thus far been found without objection to qualify under § 506(c). 30.

In Re Amica, Inc.

135 B.R. 534 · United States Bankruptcy Court, N.D. Illinois · Jan 3, 1992

[Finding Nos. 6(a) and 6(b) ] Claimant did not establish at trial its present *540 ability to conduct a national marketing effort through an existing sales force, nor did it establish that it has now obtained any identified … It was also admissible to allow Arnica to establish fraudulent inducement on the part of BBS.

Bukovics v. Navient

United States Bankruptcy Court, N.D. Illinois · Feb 25, 2020

She has a temporary living arrangement that clearly cannot extend indefinitely. Moreover, Plaintiff gave up her vehicles altogether. … In light of the foregoing, Plaintiff has clearly established that she has made a good faith effort to repay the student loan, and has thus satisfied her burden under the third prong of the Brunner test.

In Re Amoakohene

299 B.R. 196 · United States Bankruptcy Court, N.D. Illinois · Jul 23, 2003

The lien at issue here does not qualify for lien avoidance under this section. The only feasible option under § 521(2)(A), then, is to surrender the real property, which Amoakohene has not done. … If Amoakohene can demonstrate that in spite of Washington Mutual Bank’s refusal to accept certain tendered installments, he was substantially current on mortgage payments, Washington Mutual Bank may not be able to establish

In Re Churchfield Management & Investment Corp.

98 B.R. 838 · United States Bankruptcy Court, N.D. Illinois · Mar 10, 1989

Ferguson and the law firm of Swidler, Berlin & Strelow to continue its representation of the debtor because of its unique familiarity with the facts and issues of the matter and because they are highly qualified to prosecute … The Seventh Circuit appeared to hold that former § 48c established a minimum trustee fee.

In Re marchFirst, Inc.

448 B.R. 499 · United States Bankruptcy Court, N.D. Illinois · Apr 11, 2011

CIT cites no authority establishing such a creature, and no court appears ever to have held there is one. Second, the materials on which CIT relies would not qualify as informal proofs of claim in any event. … Q at 6) ("[T]he court will not go through the exercise of determining whether CIT has a prima facie case [for purposes of Barton J because the proceeding is clearly barred by the statute of limitations.").