Attorney Arthur George Jaros Jr.'s Legal Cases

Debt collection

Estate of David J. Sheehan, San Diego County, CA Superior Court, 37-2015-00016958-PR-PL-CTL

Mar 16, 2016

OUTCOME: Claim of client settled before trial under which settlement the surviving spouse "paid a substantial amount of money to the creditor ... ."

Ex-wife and mother of minor children entitled to $34,580 in child support under 1974 Illinois Judgment for Dissolution of Marriage filed Probate Claim including judgment interest for $151,357.67 agains ... t ex-husband and father who died in 2014.

Bankruptcy and debt

Smith v. SIPI (II), 501 BR 843 (Bankr. ND IL), rev'd by 526 BR 737 (ND IL 2014), rev'd by 811 F.3d 228 (7th Cir 2016)

Jan 20, 2016

OUTCOME: After trial, bk ct. ruled for debtors but limited relief to one $15,000 homestead exemption. District court reversed for tax buyer and assignee; USCA reversed and aff'd bk court. Clients' Petition to U.S.S.Ct. for Writ of Cert. filed 5-31-2016 as #15-1475

Debtor's 11 U.S.C. 548(a)(2) challenge to tax deed to homestead property, free and clear of any mortgage, issued to tax buyer for the amount of delinquent taxes paid that was a small fraction of the p ... roperty's value was sustained but recovery was limited to a single homestead exemption.

Bankruptcy and debt

In re: Mark G. Miller, 13 B 40796 (Bankr N.D. Ill.)

Jan 08, 2016

OUTCOME: Trustee abandoned claim as to death time interest in living trust and bk court denied trustee's motion for turnover with prejudice as to IRA.

Ch. 7 trustee asserted claim to client debtor's interest as named death-time beneficiary in parent's IRA and under parent's living trust where parent died within 180 days after petition date.

Bankruptcy and debt

Sarah A. Morris, 14 B 23125 (Bankr. N.D. Illnois 2014)

Feb 06, 2015

OUTCOME: Plan confirmed over objections.

Objections to Chapter 13 Plan of Self-employed Debtor (Client).

Tax

Cosentino v. Commissioner of Internal Revenue, T.C.Memo 2014-186; 108 TCM 273

Sep 11, 2014

OUTCOME: For Client Taxpayers-Petitioners

Issue of Taxability of State Court Settlement Recovery Against Tax Adviser

Civil rights

Carlson v. Bukovic, 621 F.3d 610 (7th Cir. 2010), cert den. 562 U.S. 1271 (2011)

Sep 02, 2010

OUTCOME: Jury verdict for officer aff'd stating jury could conclude that the officer's contact with plaintiff's arm may have been so light and so momentary that it did not convey ... a demonstration of anything more than an encouragement that she leave the area.

Unreasonable seizure civil rights case where police officer admitted in his police report, deposition and trial testimony using force against elderly woman (client) and her protest sufficient to bruise ... her wrist in order to remove her against her will from a retail store during normal business hours where Illinois law excepted her continuing presence from being a criminal trespass contrary to the officer's erroneous belief.

Bankruptcy and debt

Smith v. SIPI (I), 07 A 00239 (Bankr N.D. Ill.), aff'd by 2008 U.S. Dist. LEXIS 51600, rev'd by 614 F.3d 654 (7th Cir. 2010).

Jul 27, 2010

OUTCOME: Bankruptcy and District Court rulings against the Plaintiffs-Debtors were reversed and the case remanded for trial.

Whether Client Debtor's Chapter 13 Adversary Complaint under Section 548 to set aside tax deed was timely filed within the statutory 2 year period:

Civil rights

Eagle Cove Camp v Town of Woodboro, et al., 10 CV 118 (W.D. Wis). aff'd 734 F3d 673 (7th Cir 2013) cert den 134 SCt 2160 (2014)

Mar 10, 2010

OUTCOME: SJ against client plaintffs on 10 of 11 counts aff'd on appeal but decision overruled in part by 7th Circuit during April, 2015 in unrelated follow-on RLUIPA litigation; state ct action and 2nd appeal to USCA7 are pending.

Religious Land Use Civil Liberties case; companion state court proceeding commenced Nov 2013 (2013 CV 000345 (Oneida Cty Wis. Circuit Court)). Motions to reopen federal D.Ct. proceedings denied 8/ ... 11/16; on appeal to USCA7 (#16-3194).

Litigation

IMI Norgren v. D&D Tooling & Mfg., 306 F.Supp.2d 796 (N.D. Ill. 2004)

Mar 03, 2004

OUTCOME: Motion to enforce was denied.

Plaintiff IMI Norgern sought to enforce a settlement with the defendant (client), various terms of which were reached during a court-supervised settlement conference.

Lawsuits and disputes

Macken v. Jensen, 333 F.3d 797 (7th Cir. 2003)

Jun 24, 2003

OUTCOME: Dismissal in favor of client trustee affirmed on appeal.

Appeal by trust beneficiary against client trustee of lawsuit demanding an accounting that was dismissed for want of proof of satisfaction of diversity of citizenship requirements.

Arthur George Jaros Jr.'s Legal Cases (22)

Estate of David J. Sheehan, San Diego County, CA Superior Court, 37-2015-00016958-PR-PL-CTL

Smith v. SIPI (II), 501 BR 843 (Bankr. ND IL), rev'd by 526 BR 737 (ND IL 2014), rev'd by 811 F.3d 228 (7th Cir 2016)

In re: Mark G. Miller, 13 B 40796 (Bankr N.D. Ill.)

Sarah A. Morris, 14 B 23125 (Bankr. N.D. Illnois 2014)

Cosentino v. Commissioner of Internal Revenue, T.C.Memo 2014-186; 108 TCM 273

Carlson v. Bukovic, 621 F.3d 610 (7th Cir. 2010), cert den. 562 U.S. 1271 (2011)

Smith v. SIPI (I), 07 A 00239 (Bankr N.D. Ill.), aff'd by 2008 U.S. Dist. LEXIS 51600, rev'd by 614 F.3d 654 (7th Cir. 2010).

Eagle Cove Camp v Town of Woodboro, et al., 10 CV 118 (W.D. Wis). aff'd 734 F3d 673 (7th Cir 2013) cert den 134 SCt 2160 (2014)

IMI Norgren v. D&D Tooling & Mfg., 306 F.Supp.2d 796 (N.D. Ill. 2004)

Macken v. Jensen, 333 F.3d 797 (7th Cir. 2003)