Case law

In Re Allard

196 B.R. 402 · United States Bankruptcy Court, N.D. Illinois · May 9, 1996

On March 23, 1995, a memorandum of judgment was filed with the Recorder of Deeds of Kane County, Illinois, which established a judicial lien clouding the title upon the Debtor’s residence. … In Paeplow, 972 F.2d 730 and In re Hunter 970 F.2d 299 (7th Cir.1992), the Seventh Circuit construed the Indiana tenancy by the entirety statute, which is clearly distinct from the Illinois statute.

In Re Alpern

246 B.R. 578 · United States Bankruptcy Court, N.D. Illinois · Mar 29, 2000

Moreover, Alpern clearly resents the requirements imposed on him as well as all litigants by rules enforced here that communications to the court be copied to other parties and presented on motion and notice with requests … “A judge’s ordinary efforts at courtroom administration ... remain immune.” Id.

Salem Services, Inc. v. Hussain (In Re Hussain)

308 B.R. 861 · United States Bankruptcy Court, N.D. Illinois · Apr 6, 2004

FACTS AND BACKGROUND The Creditor is an employment agency which furnishes qualified personnel on a *865 per project basis for either temporary or permanent job placement. … To qualify under § 523(a)(4), a fiduciary relation must have an existence independent of a debtor’s wrongdoing.

California Steel Co. v. Dodds (In Re California Steel Co.)

21 B.R. 383 · United States Bankruptcy Court, N.D. Illinois · Jul 8, 1982

Professional engineering services is one of the services which qualifies for a mechanic’s lien under the Act. … In the case at bar, the first two requirements are clearly satisfied.

In re World Marketing Chicago, LLC

564 B.R. 587 · United States Bankruptcy Court, N.D. Illinois · Feb 24, 2017

The WARN Class, as the applicant, bears the burden of establishing its entitlement. Woods v. City Nat. Bank & Tr. … (supporting its holding with evidence that showed United Healthcare was clearly liquidating).

Ebner v. Kaiser ex rel. Kaiser Trust (In re Kaiser)

525 B.R. 697 · United States Bankruptcy Court, N.D. Illinois · Dec 31, 2014

The parties agree that the Illinois UFTA qualifies as “applicable law” for purposes of section 544(b)(1). See also Equip. … When Judge Cox addressed this question in 2011, her reasoning clearly allowed for what the trustee seeks herein.

In re Johnson

480 B.R. 305 · United States Bankruptcy Court, N.D. Illinois · Oct 11, 2012

Rule 59(e) motions serve a narrow purpose and must clearly establish a manifest error of law or fact, newly discovered evidence, Obriecht v. Raemisch, 517 F.3d 489, 494 (7th Cir.2008); Sigsworth v. … Thus, in this case, the Trustee has the burden of establishing that the Debtor cannot properly claim an exemption in the Adoption Tax Credit.

Jones Truck Lines, Inc. v. Republic Tobacco, Inc.

178 B.R. 999 · United States Bankruptcy Court, N.D. Illinois · Mar 2, 1995

The ICC subsequently established a procedural schedule in the proceeding to determine rate reasonableness. … However, the legislative history clearly reveals the opposite conclusion.

Federal Trade Commission v. Austin (In Re Austin)

138 B.R. 898 · United States Bankruptcy Court, N.D. Illinois · Apr 7, 1992

The Stipulation for Judgment clearly establishes that Austin made false representations. … As discussed above, the evidence in this case clearly establishes that Austin made false representations in the sale of certain artworks.

In Re Dzielak

435 B.R. 538 · United States Bankruptcy Court, N.D. Illinois · Aug 11, 2010

The court found that such “circumstances presented do not establish prejudice warranting a denial of the amended exemption claim.” Id. at 606 . … The Illinois Supreme Court has stated clearly that a “workers’ compensation award constitutes marital property [if] the claim accrued during the marriage of the parties.”

Hurbert v. Cheeks (In Re Cheeks)

467 B.R. 136 · United States Bankruptcy Court, N.D. Illinois · Mar 7, 2012

Exhibit 16 is a “consolidated account statement” for a “Non Qualified Deferred Compensation Trust.” … That document clearly states that the plan was to “be unfunded for tax purposes and for purposes of Title I of ERISA.”

Village of Rosemont v. Jaffe (In Re Emerald Casino, Inc.)

334 B.R. 378 · United States Bankruptcy Court, N.D. Illinois · Dec 7, 2005

Moreover, Rosemont has not established that the bankruptcy court abused its discretion in declining to enjoin the Disciplinary Proceedings. … Therefore, the Court need not address the issue of whether the State of Illinois' sovereign immunity bars the Court from exercising jurisdiction over Rosemont's claims, or whether the in rem exception to sovereign immunity

Schreiber v. United States, Department of the Treasury Internal Revenue Service (In Re Schreiber)

163 B.R. 327 · United States Bankruptcy Court, N.D. Illinois · Jan 21, 1994

Such clauses are statutorily required for a plan to “qualify” under *334 ERISA. 5 In order for a corporation to obtain the federal tax benefits of providing a pension plan, the plan must “qualify” under ERISA. Ms. … Treasury Regulation § 1.401(a)-13(b)(2) provides that anti-alienation clauses are not effective to block tax judgments or tax levies. 6 If it applies, Plaintiffs point is clearly lost.

Brown v. Real Estate Resource Management, LLC (In Re Polo Builders Inc.)

388 B.R. 338 · United States Bankruptcy Court, N.D. Illinois · Jan 24, 2008

In those instances, each defendant shall state clearly the portion admitted and the portion denied. … DJM clearly did not do so. Douglass testified that he either did not or could not ascertain RERM’s financial condition, because no information was available to establish that condition. (Douglass Trial Test.)

Cervac v. Littman (In re Littman)

517 B.R. 847 · United States Bankruptcy Court, N.D. Illinois · Sep 11, 2014

As such, it cannot qualify as a summary when what it summarizes is inadmissible. United States v. … In order to succeed on a Civil Rule 59(e) motion, a party bears the burden of clearly establishing a manifest error of law or newly discovered evidence. LB Credit Corp. v.

Citibank (S. Dakota), N.A. v. Harris (In Re Harris)

203 B.R. 117 · United States Bankruptcy Court, N.D. Illinois · Dec 11, 1996

In this case, the Debtor clearly made statements in writing respecting his financial condition that were materially false. … It was never established whether the Debtor and his spouse separated before or after the Debtor received the loan.

T.M. Sweeney & Sons, LTL Services, Inc. v. Crawford (In Re T.M. Sweeney & Sons, LTL Services, Inc.)

120 B.R. 101 · United States Bankruptcy Court, N.D. Illinois · Sep 21, 1990

The credibility of asset valuations set forth on the balance sheet was established by the testimony of Sweeney during the trial. Sweeney was duly qualified to attest to the information given on the balance sheet. … The statute clearly does not require an actual delivery of the discovered assets until the turnover order is entered.

Halbert v. Dimas (In re Halbert)

576 B.R. 586 · United States Bankruptcy Court, N.D. Illinois · Nov 16, 2017

The debt must further be established or created by any number of orders, decrees, or agreements incident to any number of family court proceedings or by “a determination made in accordance with applicable nonbankruptcy law … Holding that the debt was non-dischargeable under § 523(a)(5), the court emphasized that “Congress clearly intended to broaden the types of debts that are not subject to discharge.” Schauer, 391 B.R. at 434.

Aramowicz v. Bridges (In Re Diamond Mortgage Corp.)

118 B.R. 588 · United States Bankruptcy Court, N.D. Illinois · Sep 15, 1989

Clearly, Hamilton’s message could be viewed by a reasonable consumer as an endorsement of Diamond by Hamilton. … The simple answer is that there is no requirement of expertise for something to qualify as an endorsement under the ICFA.

In Re Betts

165 B.R. 233 · United States Bankruptcy Court, N.D. Illinois · Jan 18, 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). … Clearly the actions of Judge White in entering the order were acts performed in his judicial capacity. See, e.g., Forrester v. White, 484 U.S. 219, 226-227 , 108 S.Ct. 538, 543-544 , 98 L.Ed.2d 555 (1988).