The U.S. Bankruptcy court for the Northern District of Illinois ruled in the case of City of Chicago v. Norman Paul Wexler, 12 A 338, that the Chapter 7 trustee could not intervene in the adversary proceeding filed by the City of Chicago against the debtor, Norman Paul Wexler, because the trustee was not timely [...]
MHM Services v. Assurance Company of America involves a dispute over liability coverage of an umbrella policy for MHM Services, a company that screens inmates for the Illinois Department of Corrections that are nearing the end of their term, but are eligible for indefinite confinement as sexually violent persons. The suit alleged that MHM negligently [...]
In Gerard Kenny v. Kenny Industries, 2012 IL App (1st) 111782, the Court ruled that members of a share purchase agreement cannot assign a debt owed to them arising out of one cause of action to use as a set off against a judgment in another cause of action because the individual members did not [...]
In re: Leroy Williams concerned the ability of a creditor to collect on collateral which is also redeemable by the debtor. It involved the case of a debtor who filed a Chapter 13 action and whose corporation once owned buses which were held as collateral for the debtor’s secured debt. The debtor claimed that, since [...]
The Illinois Supreme Court allows a lawsuit challenging the constitutionality of Cook County’s assault weapons ban to proceed. in Wilson v. County of Cook, 2012 IL 112026, Cook County’s longstanding ban on so-called, “assault weapons” was challenged on the basis of three arguments: 1) that the ordinance was unconstitutionally vague, 2) that the ordinance violates [...]
In Sandholm v.Keckler, 943 N.E.2d 1109, 239 Ill.2d 589 the Illinois Supreme Court ruled that the Citizen Participation Act (735 ILCS 110/1 et seq.) does not bar lawsuits against those petitioning government bodies when there are meritorious claims alleged in the suit outside of the defendants’ petitioning activites.
In A.B.A.T.E. of Illinois, Inc. v. Quinn, 2011 IL 110611, the Illinois Supreme Court let stand an appellate court decision in which the Illinois General Assembly was allowed to take funds out of the Cycle Rider Safety Training Fund and transfer them into the General Revenue Fund, to be used for purposes other than cycle [...]
In re: The Shorebank Corp., et al, 12 B 581, a chapter 11 case, the Court ruled that allegations of a conflict of interest are not enough to compel the U.S. Trustee to reconstitute the membership of a creditors’ committee. The movant must show a breach of fiduciary duties or that a change in membership [...]
In re: Olde Prairie Block Owner, LLC, 10 B 22668, involves a single asset case where a secured creditor is asking the Court to lift the automatic stay and grant the secured creditor’s motion to dismiss to allow it to proceed with its foreclosure action against the debtor. In granting the secured creditor’s motion to [...]
State Representative Jim Sacia (R-Freeport) is sponsoring a bill that would create an exemption under the Prevailing Wage Act for government projects that cost less than $20,000. So far, it has not received a hearing in the House Labor Committee.
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