Opinions/Decisions

The following published 7th Circuit Court of Appeals, U.S. District Court and U.S. Bankruptcy Court decisions are representative cases we have handled.

In re Kenneth G. Schipper  Successfully argued on behalf of a Chapter 11 Debtor that sale of real estate to Debtor's parents did not breach fiduciary duty to his creditors.

Johnson v. Natale, et al  As Trustee, on appeal before United States District Court, successfully argued that a portion of a worker's compensation settlement awarded as part of a divorce settlement could not be claimed as exempt under the Illinois Worker's Compensation Act.

In re Gina Nunez  Successfully argued on behalf of a Chapter 7 Debtor that notice of a bankruptcy creates affirmative duty on part of a creditor to quash an outstanding bench warrant in underlying, state court collection action.

In the Matter of Devlieg, Incorporated  Successfully argued before 7th Circuit Court of Appeals that a Chapter 11 Debtor's retention of a law firm which had previously represented the entity in prior, non-bankruptcy matters, did not cause irreparable harm to creditors.

In re Lantz (Homestead)  Successfully argued for a Chapter 7 Debtor that a Debtor need not intend to reinvest homestead proceeds into a new home in order to claim the funds as exempt.

In re Lantz (Tracing)  Successfully argued for a Chapter 7 Debtor that funds held in bank account were reasonably traceable to proceeds of sale of homestead and exempt.

In re Nelson  Successfully argued for a Chapter 7 Debtor that tax claims tardily filed by the Debtor were entitled to distribution from estate assets as a priority claim.