Case law

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

494 B.R. 344 · United States Bankruptcy Court, N.D. Illinois · Jun 7, 2013

The district court had granted summary judgment, holding that even crediting the plaintiffs version of events, the defendant-officer was entitled *358 to qualified immunity. Id. at 770. The Seventh Circuit reversed. … No such element has been factually established in defending against the *367 Summary Judgment Motion, and so the rule is inapplicable.

Standard Bank & Trust Co. v. Iaquinta (In Re Iaquinta)

95 B.R. 576 · United States Bankruptcy Court, N.D. Illinois · Jan 12, 1989

The evidence did not clearly and convincingly establish that Iaquinta possessed an actual intent to defraud at the time his guarantee was given to the Bank. … There is no evidence that clearly and convincingly establishes that the Rocket agents acted specifically at Iaquinta’s direction or for his individual benefit regarding the sale of those five vehicles.

Pullman Construction Industries, Inc. v. National Steel Service Center (In Re Pullman Construction Industries, Inc.)

132 B.R. 359 · United States Bankruptcy Court, N.D. Illinois · Oct 10, 1991

There would have been no need for the drafters of § 546(a)(1) to qualify the word “trustee” with the “appointment” provision if “trustee” was intended to simply include the debtor in possession by reason of § 1107(a). … To hold otherwise would ignore the differences between a trustee and a debtor in possession and established rules of statutory construction.

In re Swindle

584 B.R. 259 · United States Bankruptcy Court, N.D. Illinois · Feb 7, 2018

Moreover, testimony of the victim is permitted to prove the "[T]hree elements [are] required for emotional distress damages: (1) significant harm; (2) clearly established; and (3) with a causal connection between the stay … This proceeding qualifies as an extraordinary circumstances because Debtor's counsel had to litigate an adversary hearing.

In Re Doyle

209 B.R. 897 · United States Bankruptcy Court, N.D. Illinois · Jun 17, 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. … Clearly, the Bateman and Simon cases are factually distinct, as noted by the Trustee, because the deaths of the insureds there occurred pre-petition, not post-petition as in the matter at bar.

In Re Mid-States Express, Inc.

433 B.R. 688 · United States Bankruptcy Court, N.D. Illinois · Jul 2, 2010

A "plan sponsor” under ERISA means: (i) the employer in the case of an employee benefit plan established or maintained by a single employer, (ii) the employee organization in the case of a plan established or maintained by … The point of such an order is to give the moving party comfort by cloaking them in judicial immunity. Id. In the end that is what the trustee truly seems to be after.

Davis v. Illinois State Police Federal Credit Union (In Re Davis)

244 B.R. 776 · United States Bankruptcy Court, N.D. Illinois · Feb 1, 2000

It is the “well-established duty of the trial court to ensure that the claims of a pro se litigant are given a ‘fair and meaningful consideration.’ ” Palmer v. … Hence, § 5318(g)(3) provides immunity for “disclosure of any possible violation of law or regulation.” 31 U.S.C. § 5318 (g)(3).

Brandt v. American National Bank & Trust Co. (In Re Foos)

188 B.R. 239 · United States Bankruptcy Court, N.D. Illinois · Oct 26, 1995

In order to establish constructive fraud, the transfer must have been made for “less than a reasonably equivalent value.” … Both of these transfers clearly qualify as “reasonably equivalent value” and the Trustee has, therefore, failed to state a claim that such transfers can be avoided under § 548(a)(2) or Illinois law. *245 The Trustee has also

Midwest Generation EME LLC v. Estes Group, Inc. (In Re Estes Group, Inc.)

299 B.R. 502 · United States Bankruptcy Court, N.D. Illinois · Sep 17, 2003

If there is no contract between the owner and the contractor under the terms of which a hen may be established, then the person furnishing material to a subcontractor can not establish a hen for such material. *507 Douglas … Unlike the NSA, the Subcontract between Alford and Estes clearly subcontracted Estes’ CSA obligations with MWG to Alford.

Santiago v. Hernandez (In Re Hernandez)

452 B.R. 709 · United States Bankruptcy Court, N.D. Illinois · Jun 25, 2011

The Court stated: “Illinois courts do not favor punitive damages and insist that plaintiffs must establish ‘not only simple fraud but gross fraud, breach of trust, or other extraordinary or exceptional circumstances clearly … While in this case, fraud was clearly established, the court does not find that it was so gross as to warrant punitive damages.

In Re Cmgt, Inc.

402 B.R. 262 · United States Bankruptcy Court, N.D. Illinois · Mar 17, 2009

Section 141(b) states, in pertinent part: Each director shall hold office until such director’s successor is elected and qualified or until such director’s earlier resignation or removal. … Franco’s subsequent employment with another company also demonstrates that both CMGT and Franco clearly understood that he had resigned from CMGT.

In Re Draiman

450 B.R. 777 · 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. … Thus, the release cannot be construed as blanket immunity for all transgressions and omissions.

Lexington Health Care Center of Elmhurst, Inc. v. McDade (In Re McDade)

282 B.R. 650 · United States Bankruptcy Court, N.D. Illinois · Aug 28, 2002

To qualify under § 523(a)(4), a fiduciary relation must have an existence independent of a debtor’s wrongdoing. … The two cases cited by the Creditor in support of its position are clearly distinguishable. First, in Reliance Ins. Co. v.

Carmel v. United States (In Re Carmel)

134 B.R. 890 · United States Bankruptcy Court, N.D. Illinois · Dec 20, 1991

A sporadic activity, a hobby or an amusement diversion does not qualify.” Id. 480 U.S. at 35 , 107 S.Ct. at 987 . … To establish liability for the civil fraud penalty, the government must establish (1) a knowing falsehood, (2) the intent to evade tax, and (3) the underpayment of tax.

In Re Williams

435 B.R. 552 · United States Bankruptcy Court, N.D. Illinois · Aug 18, 2010

The Court first noted that § 706(d) “expressly conditioned [the debtor’s] right to convert on his ability to qualify as a ‘debtor’ under Chapter 13.” Id. at 372, 127 S.Ct. 1105 . … The subsection goes on to provide a non-exclusive list of factors that may establish cause.

Community Bank of Homewood-Flossmoor v. Bailey (In Re Bailey)

145 B.R. 919 · United States Bankruptcy Court, N.D. Illinois · Sep 15, 1992

The cumulative effect of these falsehoods clearly establishes a pattern of reckless indifference to the truth by the Debtor in his schedules and Statement of Affairs. … It is well-established that writings with pertinent omissions may qualify as materially false for purposes of § 523(a)(2)(B). Id.

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

115 B.R. 613 · United States Bankruptcy Court, N.D. Illinois · Jun 19, 1990

Peat, Marwick contends that Trustee has not established any of the three elements enumerated above. … (b) The evidence does not clearly establish whether the pay out procedure set forth in the plan was followed in the present case. Further, neither party traced the handling of the $93,279.01 payout check.

In Re Vanhook

426 B.R. 296 · United States Bankruptcy Court, N.D. Illinois · Mar 24, 2010

“To give priority to a claimant not clearly entitled thereto is not only inconsistent with the policy of equality of distribution; it dilutes the value of the priority for those creditors Congress intended to prefer.” … Under this provision, the Code affords priority status to qualifying domestic support obligations that, as of the date of the filing of the bankruptcy petition, are owed to or recoverable by a spouse, former spouse, or child

In re Seeburg Products Corp.

215 B.R. 175 · United States Bankruptcy Court, N.D. Illinois · Dec 9, 1997

Brill is not qualified to represent the Debtor and denied the application. The specific deficiencies in Mr. … Based upon his conduct in this case, this Court has concluded that he is not qualified to represent the Debtor.

In Re Ross

210 B.R. 320 · United States Bankruptcy Court, N.D. Illinois · May 29, 1997

Generally, a removal from the homestead premises will be taken as an abandonment unless it clearly appears that there was an intention to return and occupy them. Id. (citations omitted). … Under the controlling Illinois authorities a debtor’s actual use of the property in question determines whether it qualifies for the exemption — an inherently fact specific based inquiry.