Legal Opinion

In re James

United States Bankruptcy Court, N.D. Illinois

Decided April 18, 2013No. 08 B 17044Published

1Opinion of the Court

MEMORANDUM OPINION GRANTING DEBTOR’S MOTION TO COMPEL CHAPTER 13 TRUSTEE TO RELEASE FUNDS TO ATTORNEY (Docket No. 187)

JANET S. BAER, Bankruptcy Judge.

Debtor Michael C. James (the “Debtor”) has moved to reopen his chapter 13 case and to compel standing chapter 13 trustee Tom Vaughn (the “Trustee”) to release funds in payment to the Debtor’s attorney Patience R. Clark (“Clark”).1 Creditors Cadillac Company, Inc. and Brendan Financial, Inc. (collectively, the “Creditors”) object to the motion, alleging that a third-party citation to discover assets served upon the Trustee trumps the release of…

2Cases cited8 opinions

Barton v. BarbourSupreme Court of the United States · 1881
In the Matter of Betty A. Linton, Also Known as Betty A. Lasiter, Debtor. Appeal of Betty A. Lasiter and Richard L. ScharpfCourt of Appeals for the Seventh Circuit · 1998
Kohler Co. v. Moen Incorporated, F/k/a Stanadyne, Inc.Court of Appeals for the Seventh Circuit · 1993
Marjorie Ocasek, Independent Administrator of the Estate of Hugh Wilson, Deceased v. Manville Corporation Asbestos Disease Compensation FundCourt of Appeals for the Seventh Circuit · 1992
In Re Kids Creek Partners, L.P.United States Bankruptcy Court, N.D. Illinois · 2000

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