Holmon v. The Village of Alorton

Illinois Appellate Court
Civil Court
Bankruptcy
Citation
Case Number: 
2016 IL App (5th) 150404
Decision Date: 
Wednesday, October 19, 2016
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Affirmed and remanded.
Justice: 
SCHWARM

Court properly denied Plaintiff's motion for partial summary judgment and granted Defendant's motion for judgment on pleadings as to issue of rescission of an agreed-upon bankruptcy plan under which Plaintiff was to make payments to decedent's estate. A party may seek to enforce in state court the contract made in confirmed bankruptcy plan, but may not seek to rescind the plan, as plan is solely under jurisdiction of federal courts. (CATES and MOORE, concurring.)