The Illinois Bankruptcy Lawyer Blog

Entries categorized as ‘business filings’

Can you spell i-r-o-n-y?

November 12, 2009 · Leave a Comment

11-09 Advanta files for bankruptcy (CNN Small Business)

Brother Can You Spare $331 Million?

We would have accepted either C-I-T or A-D-V-A-N-T-A as a correct answer

As reported all over the Web, including this story by CNN, credit card overlord and perennial heavy-handed creditor Advanta filed for Chapter 11 bankruptcy protection a few days ago – just one week after CIT Group, a top secured lender to small business, did the same. Both lenders experienced (ha!) a sharp rise in defaults. Welcome to the world of the consumer. Personally I hope that their creditors show them no mercy. If the Bankruptcy System is to work then it must be an equal handicap for large and small. If Advanta or CIT are reconstituted through Chapter 11 I can only hope that this time the intention is to help small business and business owners – not to hound them to death as both creditors are famous for.

Categories: Middle class · article · assets · bailout · bankruptcy · business · business filings · ch 11 · consumer · credit · credit cards · current-events · disposable · income · individual · liability · means test · median income · secured
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Q+A: Potential Embezzlement

November 5, 2009 · Leave a Comment

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Q: I am a limited partner. I suspect that the general partner converted funds belonging to the limited partnership. How do I sue on behalf of other limited partners?

A: A general partner is a fiduciary to limited partners, much as a director is to shareholders in a corporation. This means that the gp account for his actions to the limited partners and at all times conduct itself with the utmost good faith. If those rules were not observed then the proper remedy is a derivative suit – so named because the complaining party must sue in the name of the limited partnership. Before filing suit however certain questions must be answered and you may need to hire a forensic accountant to fully investigate. Finally, keep in mind that if the limited partnership or the general partner need(s) to file bankruptcy then a post-filing adversary complaint is your route.

Categories: 523 · Q&A · adversary · business · business filings · conversion · creditor · fraud · fraudulent transfers · limited partnership · partnership

Trustee v. Griffin

November 5, 2009 · Leave a Comment

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In re Griffin Trading Company, Inc., 98 B 41742
Leroy G. Inskeep, Trustee v. Farrel and Roger Griffin, 01 A 00007

Opinion: In an Adversary case stemming from the Chapter 7 bankruptcy of a futures broker, judgement for Trustee is reversed due to lack of sufficient causation following remand from the District Court.

Opinion Issued October 30, 2009
By the Honorable Bruce W. Black

View and download the opinion in PDF format here

Categories: ED · IL · Inskeep · ND · adversary · assets · black · business filings · case update · ch 7 · cir 7 · current-events · judge · property · research · trustee

corrected notice: Change in J. Wedoff’s Hearing Schedules

October 2, 2009 · Leave a Comment

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Chapter 7 and 11 Calls

Effective immediately new motions to be heard after Oct. 12 should be noticed for Tue or Wed at 9:30 a.m.

Effectivethe week of Oct. 5 motions and set matters to be heard that week will be set for Thu, Oct. 8.

Effective the week of Oct. 12 J. Wedoff will begin hearing cases on Tuesdays and Wednesdays [regular schedule]. New motions, status hearings, or other set matters now scheduled for a Tue or Wed after Oct. 12 will be heard on the Tue or Wed on which they are scheduled.

Any motion already noticed for a Thu after Oct. 12 will still be heard as set noticed unless movant chooses to re-notice for a Tue or Wed after Oct. 12.

Chapter 13 Call

Judge Doyle will continue to hear Judge Wedoff’s Chapter 13 call on Thursdays at the regularly scheduled times until further notice.

Thank you for your cooperation during the last month in rescheduling Judge Wedoff’s Chapter 7 and 11 matters for Thursdays

To view and download this information in pdf format click here

Categories: ED · IL · ND · administrative · adversary · business filings · call · case update · ch 11 · ch 13 · ch 7 · cir 7 · current-events · data · doyle · filings · notice · opinion · schedule · wedoff · work

In re Raymond Group/Raymond Group v. Pope Co.

September 18, 2009 · Leave a Comment

In re Raymond Professional Group, Inc. et al., 06 B 16748
Raymond Prof. Group v. William A. Pope Co., 07 A 00639

Opinion Issued Sep. 15, 2009
By Judge Jack B. Schmetterer

To view the opinion in PDF format click here

Categories: BAPCPA · ED · IL · ND · adversary · bankruptcy · business filings · ch 11 · ch 13 · ch 7 · cir 7 · judge · opinion · research · schmetterer