In re Morrow

495 B.R. 378, 2013 WL 3270762
CourtUnited States Bankruptcy Court, N.D. Illinois
DecidedJune 27, 2013
DocketNo. 12bk26246
StatusPublished
Cited by11 cases

This text of 495 B.R. 378 (In re Morrow) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Morrow, 495 B.R. 378, 2013 WL 3270762 (Ill. 2013).

Opinion

MEMORANDUM DECISION

TIMOTHY A. BARNES, Judge.

This matter comes before the court on the Movant’s Motion To Reconsider the Court’s Order of January 14, 2013 Denying Motion for Relief from Stay (the “Motion”) [Docket No. 44] of movant Parkside Place Condominium Association (the “Movant ”) wherein the Movant seeks reconsideration of this court’s Order Denying Without Prejudice Motion for Relief from Stay (the [382]*382“Order”) [Docket No. 43] which denied the Movant relief from the automatic stay.1

JURISDICTION

The federal district courts have “original and exclusive jurisdiction” of all cases under title 11 of the United States Code (the “Bankruptcy Code ”). 28 U.S.C. § 1334(a). The federal district courts also have “original but not exclusive jurisdiction” of all civil proceedings arising under title 11 of the United States Code, or arising in or related to cases under title 11. 28 U.S.C. § 1334(b). District courts may, however, refer these cases to the bankruptcy judges for their districts. 28 U.S.C. § 157(a). In accordance with section 157(a), the District Court for the Northern District of Illinois has referred all of its bankruptcy cases to the Bankruptcy Court for the Northern District of Illinois. N.D. Ill. Internal Operating Procedure 15(a).

A bankruptcy judge to whom a case has been referred may enter final judgment on any core proceeding arising under the Bankruptcy Code or arising in a case under title 11. 28 U.S.C. § 157(b)(1). A motion for relief from stay arises in a case under title 11 and is specified as a core proceeding. 28 U.S.C. § 157(b)(2)(G). In re Mahurkar Double Lumen Hemodialysis Catheter Patent Litig., 140 B.R. 969, 976-77 (N.D.Ill.1992); In re Quade, 482 B.R. 217, 221 (Bankr.N.D.Ill.2012) (Barnes, J.). It follows that a motion to reconsider an order regarding such a motion for relief from stay also arises in a case under title 11. See Fed.R.Civ.P. 60 (made applicable in bankruptcy per Fed. R. Bankr.P. 9024); Elscint, Inc. v. First Wisc. Fin. Corp. (In re Xonics), 813 F.2d 127, 130 (7th Cir.1987) (“Doubtless courts may enforce then own orders.”).

Accordingly, final judgment is within the scope of the court’s authority.

PROCEDURAL HISTORY

In considering the Motion, the court has considered the arguments of the parties at the February 4, 2013 hearing on the Motion and the January 14, 2013 hearing on the underlying motion for relief from stay (the “Hearings ”), and has reviewed and considered the Motion itself, the Order, as well as:

(1) The Motion for Relief from Stay [Docket No. 31];
(2) Debtor’s Response to Parkside Place Condominium Association’s Motion for Relief from the Automatic Stay [Docket No. 38]; and
(3) The Movant’s Reply to Debtor’s Response to Parkside Place Condominium Association’s Motion for Relief from the Automatic Stay [Docket No. 40].

The court has also taken into consideration any and all exhibits submitted in conjunction with the foregoing. Though these items together do not constitute an exhaustive list of the filings in the above-captioned bankruptcy ease, the court has taken judicial notice of the contents of the docket in this matter. See Levine v. Egidi, No. 93C188, 1993 WL 69146, at *2 (N.D.Ill. March 8, 1993); Inskeep v. Grosso (In re Fin. Partners), 116 B.R. 629, 635 (Bankr.N.D.Ill.1989) (Sonderby, J.) (authorizing a bankruptcy court to take judicial notice of its own docket).

[383]*383BACKGROUND

In this matter, the facts are essentially undisputed. For the purposes of determining the Motion, the court therefore finds as follows:

(1) Debra A. Morrow (the “Debtor ”) is the owner and resident of a condo in Illinois.
(2) Some time prior to the commencement of the Debtor’s chapter 13 bankruptcy case on June 29, 2012, the Debtor fell into arrears on her condo association dues to the Mov-ant.
(3.) On June 6, 2011, the Movant brought an action in Illinois state court with respect to those arrear-ages.
(4) On March 21, 2012, after the resolution of various procedural aspects of the state court action, the Mov-ant obtained a money judgment in the amount of $7,288.00 (the “Judgment ”) and an order for possession per 735 ILCS 5/9-111 (the “Order for Possession ”).
(5) Though the Order for Possession was automatically stayed for 60 days by operation of 735 ILCS 5/9-111, the state court judge exercised discretion and stayed the Order for Possession for an additional 30 days (for a total of 90 days).
(6) On or about June 19, 2012, the 90-day stay of the Order for Possession expired.
(7) Prior to that time, however, on April 20, 2012 and again on June 8, 2012, the Debtor’s husband moved pro se for reconsideration of the Order for Possession. The Debt- or’s husband was apparently moving on the Debtor’s behalf.
(8) The motions for reconsideration were together scheduled for hearing on July 6, 2012.
(9)Prior to the July 6, 2012 hearing on reconsideration, the Debtor, on June 29, 2012 (the “Petition Date ”), commenced her chapter 13 bankruptcy case (the “Case ”). On the Petition Date and at all times since that time, the Debtor was in retention of and has retained possession of the condo.
(10) On July 6, 2012 (after the Petition Date), the state court denied the motion for reconsideration for lack of standing of the Debtor’s husband to move on behalf of the Debtor.
(11) On August 3, 2012 (also after the Petition Date), the Debtor appealed. The Movant has not disputed the validity of the appeal, but noted that no bond was secured by the Debtor.
(12) On November 19, 2012, the court confirmed the Debtor’s chapter 13 plan (the “Plan”). The Plan provided for payment to the Movant as a secured creditor of an amount less than that of the Judgment ($1,000 at 2% interest in monthly payments of $18 until paid in full).
(13) The Movant did not object to its treatment under the Plan. The Movant also does not dispute that it accepted plan payments under the Plan, both pre- and postconfirmation.

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Cite This Page — Counsel Stack

Bluebook (online)
495 B.R. 378, 2013 WL 3270762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-morrow-ilnb-2013.