Case law

Raridon v. Carlson (In re Carlson)

545 B.R. 229 · United States Bankruptcy Court, N.D. Illinois · Jan 25, 2016

In re Taylor, 737 F.3d 670, 677 (10th Cir.2013) (finding that debt for overpayment of support did not qualify as a domestic support obligation). … Even more telling, relevant Illinois statutes clearly distinguish between a “parent, adoptive parent or adjudicated parent” on the one hand and a “guardian” on the other.

Rae v. Scarpello (In Re Scarpello)

272 B.R. 691 · United States Bankruptcy Court, N.D. Illinois · Jan 29, 2002

The creditor must establish each of the these elements to support a finding of a false pretense or misrepresentation; failure to establish any one element is determinative of the outcome. … To qualify under § 523(a)(4), a fiduciary relation must have an existence independent of a debtor’s wrongdoing.

Sharifeh v. Fox (In re Sharif)

549 B.R. 485 · United States Bankruptcy Court, N.D. Illinois · Apr 25, 2016

Alternatively, the Trustee also has immunity for actions undertaken pursuant to a court order. A bankruptcy trustee “is entitled to quasi-judicial immunity for carrying out the orders of the bankruptcy court.” … If so, then Ragda clearly used property of the estate to make those payments.

Wians v. Wians (In re Wians)

523 B.R. 124 · United States Bankruptcy Court, N.D. Illinois · Dec 17, 2014

“[T]o come within the ambit of section 523(a)(4) which concerns formal trusts or trust-like relationships there must be property that could qualify as the res of the trust.” … The plaintiffs clearly reposed a deep confidence in West when they followed his advice and transferred their homes to Mount Moriah.

Bd. of Educ. of Chi. v. Monarrez (In re Monarrez)

588 B.R. 838 · United States Bankruptcy Court, N.D. Illinois · Aug 6, 2018

Still, unreviewed factual determinations of qualifying agencies may have preclusive effect. Univ. of Tenn. v. … In addition, it clearly states that "Board Report 14-0625-EX22 setting forth the Board's determination is enclosed for your reference." Id.

Pankau v. First State Bank of Harvard (In Re Pankau)

65 B.R. 204 · United States Bankruptcy Court, N.D. Illinois · Sep 22, 1986

As such, it is clearly a core proceeding under 28 U.S.C. § 157 (b)(2)(E). … In either approach the debtor will have to establish a prima facie defense on the merits in his pleading.

In Re Klein

110 B.R. 862 · United States Bankruptcy Court, N.D. Illinois · Feb 22, 1990

As pointed out elsewhere in this Opinion, § 702(a)(1) is susceptible to the interpretation that multiple qualifying claims may be aggregated or that a single claim may be bifurcated into its qualifying and nonquali-fying … parts with the vote being based on the qualifying part.

Norton v. Cole (In Re Cole)

378 B.R. 215 · United States Bankruptcy Court, N.D. Illinois · Nov 15, 2007

In order to qualify for a discharge in bankruptcy, a debtor is required to maintain and produce written documentation of all of his transactions. Id.; Juzwiak, 89 F.3d at 429-430 . … As indicated by the court at the close of evidence, establishing a claim for actual fraud under Section 523(a)(2)(A) requires a different showing than establishing a claim for fraud in the state court.

Chriswell v. Alomari (In re Alomari)

486 B.R. 904 · United States Bankruptcy Court, N.D. Illinois · Feb 14, 2013

The phrase “acting in a fiduciary capacity” qualifies the words “fraud or defalcation” but does not qualify the words “embezzlement” or “larceny.” Collier on Bankruptcy ¶ 523.10[d]. … Plaintiff Did Not Establish Proof of a Fiduciary Relationship To establish that a debt is non-dischargeable due to fraud or defalcation while acting in a fiduciary capacity, the Plaintiff must establish, by a preponderance

In Re Chinosorn

243 B.R. 688 · United States Bankruptcy Court, N.D. Illinois · Jan 19, 2000

Adams, 462 U.S. 791, 798 , 103 S.Ct. 2706, 2711 , 77 L.Ed.2d 180 (1983) (“[A] mortgagee clearly has a legally protected property interest,” and so is “entitled to notice reasonably calculated to apprise him” of a proceeding … To the extent that the property is thus “immune from process” under state law, it is exempt under § 522(b)(2)(B). Napotnik v. Equibank & Parkvale Sav.

Volpert v. Ellis (In Re Volpert)

177 B.R. 81 · United States Bankruptcy Court, N.D. Illinois · Jan 18, 1995

By design, Congress clearly intended to establish bankruptcy courts as separate jurisdictional entities, “functionally independent” from the district courts. Grewe, 4 F.3d at 304 (relying on S.Rep. … (bankruptcy courts qualify as "courts of the United States” for purposes of awarding fees under 26 U.S.C. § 7430 ); In re Korhumel Indus., Inc., 103 B.R. 917, 920-21 (N.D.Ill.1989) (Duff, J.)

In Re Syed

238 B.R. 126 · United States Bankruptcy Court, N.D. Illinois · May 13, 1999

The credible testimony of the City’s expert witnesses was that cost of rehabilitation of the premises clearly exceeds $2 million. 47. … Debtor did not establish other sources of funding to pay for the rehabilitation. 50.

Malec v. Cook County Clerk (In Re Malec)

442 B.R. 130 · United States Bankruptcy Court, N.D. Illinois · Jan 4, 2011

It has long been established that the Bankruptcy Code employs the “broadest available definition of claim.” Johnson v. Home State Bank, 501 U.S. 78, 83 , 111 S.Ct. 2150 , 115 L.Ed.2d 66 (1991). … The County misrepresents Johnson , as the Supreme Court clearly indicated that it “had no trouble concluding that the mortgage interest ... is a claim within section 101(5),” and therefore subject to inclusion in a chapter

Attorneys' Title Insurance Fund, Inc. v. Zecevic (In Re Zecevic)

344 B.R. 572 · United States Bankruptcy Court, N.D. Illinois · Apr 12, 2006

However, under McClellan in the Seventh Circuit any nefarious scheme will qualify, as shown by the foregoing quotation. … In a default situation, each such element must be established at least prima facia.

Carter v. Mae (In re Carter)

517 B.R. 870 · United States Bankruptcy Court, N.D. Illinois · Sep 30, 2014

Whether forced to repay the student loans or not, the evidence regarding the Debtor’s income and expenses clearly establishes a standard of living below that which is “minimally necessary.” … When pressed, she was able to identify only a few establishments to which she had sent a resume, including Neiman Marcus, Sears, Kohls, the Citadel, Home Depot, Aldi, and Home Instead (a home healthcare establishment).

In Re Anderson

463 B.R. 871 · United States Bankruptcy Court, N.D. Illinois · Oct 17, 2011

No Seventh Circuit opinion has addressed whether a child representative can qualify for the domestic support exception. … domestic support obligations’ and nondischargeable under the Bankruptcy Code.”); see also In re Dvorak, 986 F.2d 940, 941 (5th Cir.1993) (holding that legal fees for child’s guardian ad litem in custody proceeding were “clearly

In Re Weitzman

381 B.R. 874 · United States Bankruptcy Court, N.D. Illinois · Feb 7, 2008

Assuming service on an agent of the Trustee is proper pursuant to 735 ILCS § 5/2-212, the Casino has not established whether that someone in the office was an employee of the Trustee and whether he or she qualifies as an … The court will hold a status hearing on this case for the Casino to report about the disposition of the Complaint in the State Court. 5 Given the result, the court need not rule on the laches or immunity arguments.

In Re Opelika Manufacturing Corp.

66 B.R. 444 · United States Bankruptcy Court, N.D. Illinois · Oct 16, 1986

If the party seeking relief from the stay does not establish by a preponderance of the evidence that the debtor lacks equity in the property, the movant is not entitled to the relief requested as it has failed to establish … By stipulation, Dalhart qualified as an expert for the purpose of testifying as to the methods of valuing businesses.

In Re Dolton Lodge Trust No. 35188

22 B.R. 918 · United States Bankruptcy Court, N.D. Illinois · Sep 8, 1982

The essential problem is that debtor asserts it is an entity qualified to file a Chapter 11 petition but can’t seem to satisfy the movant or the court in bringing the correct entity before this court. … These deficiencies lead to a showing of lack of good faith in filing by the debtor and establish cause to dismiss the bankruptcy petition.

In Re Popa

218 B.R. 420 · United States Bankruptcy Court, N.D. Illinois · Mar 10, 1998

Clearly if the estate is required to pay taxes on the gain realized on the sale of the Property, there would be no equity available to distribute to creditors. … Section 408 IRC imposed the penalty on “the individual for whose benefit such account or annuity was established.”