Legal Opinion
Cross v. City of Chi. (In re Cross)
United States Bankruptcy Court, N.D. Illinois
Decided May 25, 2018No. Bankruptcy No. 18 BK 00986; Adversary No. 18 AP 00154PublishedCited by 1 opinion
1Opinion of the Court
Jack B. Schmetterer, United States Bankruptcy Judge
Defendant the City of Chicago ("the City") has moved to dismiss the adversary complaint brought against it by Debtor Monica Cross ("Debtor") pursuant to Fed. R. Civ. P. 12(b)(6) (made applicable here by Fed. R. Bankr. P. 7012 ). The City challenges the legal sufficiency of Plaintiffs' allegations, arguing that because it has a valid possessory lien pursuant to Illinois law, its actions are excepted from the automatic stay pursuant to 11 U.S.C.§ 362(b)(3) and (b)(4). Debtor disputes the validity of the City's possessory lien and asserts that…
2Cases cited15 opinions
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- Conley v. GibsonSupreme Court of the United States · 1957
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Equal Employment Opportunity Commission v. Concentra Health Services, Inc.Court of Appeals for the Seventh Circuit · 2007
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3Cited by1 opinion
- In re ShannonUnited States Bankruptcy Court, N.D. Illinois · 2018