Case law

In Re Bloomingdale Partners

155 B.R. 961 · United States Bankruptcy Court, N.D. Illinois · Jun 7, 1993

The appropriate treasury bond will be used to establish the risk-free rate. Id. at 446 . … With respect to the first mortgage loan, if this were the only loan, the parties should agree that it would qualify as a relatively high grade loan.

Westlake Property Holdings, LLC

United States Bankruptcy Court, N.D. Illinois · Sep 24, 2019

It is empowered with establishing “an orderly and comprehensive NR maintain the Hospital for at least two years. … The resulting financial distress indicates that seeking bankruptcy relief is clearly in the interest of not only the Debtors, but also their creditors.

Solow v. Northwest Airlines, Inc. (In Re Midway Airlines, Inc.)

180 B.R. 851 · United States Bankruptcy Court, N.D. Illinois · Mar 10, 1995

In order to establish an implied waiver, the party claiming the existence of the waiver must prove that the other party clearly, unequivocally, and decisively acted to waive the conditions. … Accordingly, to qualify under these exceptions, Midway must establish either (1) that Northwest intentionally made a false representation (which essentially encompasses the tort of fraudulent misrepresentation) or (2) that

Paloian v. LaSalle Bank National Ass'n (In re Doctors Hospital of Hyde Park, Inc.)

507 B.R. 558 · United States Bankruptcy Court, N.D. Illinois · Oct 4, 2013

The Marathon Opinion explained, “[o]ur precedents clearly establish that only controversies in the former category may be removed from Art. … Should it ultimately be decided that waiver by the parties is a viable answer to the issue of bankruptcy authority, this case would qualify.

D'Aguanno

United States Bankruptcy Court, N.D. Illinois · Sep 11, 2026

Though clearly not filed by agreement, it also contained six paragraphs of “stipulated” facts. Id. at 3. … The evidence clearly demonstrated that the Loan was a distressed one. The extraordinarily high interest rate is just one factor.

Charles V. Cook, Sr.

United States Bankruptcy Court, N.D. Illinois · Dec 17, 2019

specifically, his bankruptcy petition was filed by Upright on October 7, 2014, with no mention of the two FDCPA lawsuits also filed on his behalf by Upright, that should have 13 Neither side has contested whether Upright qualifies … ® Third, Upright did create an onboarding script in March 2016 for bankruptcy paralegals to ask clients about the existence of potential consumer protection claims, but that procedure was clearly designed for the

LLC 1 07CH12487

United States Bankruptcy Court, N.D. Illinois · Sep 30, 2019

In so doing, Etter has perhaps inadvertently established the elements of dismissal under section 707(a)(1). … The ruling at that hearing was nonetheless more than sufficient to establish cause under section 707(a) to dismiss this Case.