Legal Opinion
In re Prochnow
United States Bankruptcy Court, C.D. Illinois
Decided September 20, 2011No. 09-72295PublishedCited by 3 opinions
1Opinion of the Court
OPINION
MARY P. GORMAN, Bankruptcy Judge.
Before the Court is the request of the Debtor to hold his former employer, Apex Properties, Inc., d/b/a ReMax Choice of Bloomington, Illinois, in contempt for violating the automatic stay by withholding real estate commissions the Debtor claims are due to him. Unfortunately for the Debtor, the commissions, which were earned pre-petition but payable post-petition, were not disclosed by him on his schedules and, therefore, he is judicially estopped from claiming an enforceable interest in them. Further, the actions of his employer in withholding the…
2Cases cited32 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Butner v. United StatesSupreme Court of the United States · 1979
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Sandra L. Waldridge v. American Hoechst Corp.Court of Appeals for the Seventh Circuit · 1994
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3Cited by3 opinions
- Lakewood Credit Union v. GoodrichCourt of Appeals of Wisconsin · 2016
- Andrew B ZezasUnited States Bankruptcy Court, D. New Jersey · 2023
- In re Cranberry Growers Coop.United States Bankruptcy Court, W.D. Wisconsin · 2018