United States Bankruptcy Court
Northern District of Illinois
Transmittal Sheet for Opinions for Posting
Will this opinion be Published? Yes
Bankruptcy Caption: In re Tekena USA, LLC
Bankruptcy No. 09 B 16969
Date of Issuance: November 19, 2009
Judge: The Honorable Jacqueline P. Cox
Appearance of Counsel:
For the Debtor: Gregory J. Jordan of Apostol, Kowal & Jordan, Ltd., Chicago, Illinois and Mark
R. Zito of Tessitore & Koppenhoefer, P.C., Chicago, Illinois.
For the Movant, Teknek, Ltd.: John A. Lipinsky of Coman & Anderson, P.C., Lisle, Illinois.
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF ILLINOIS
Tekena USA, LLC
Case No. 09 B 16969
Judge Jacqueline P. Cox
Systems Division, Inc. (SDI) obtained a judgment of $3,788,609.75 for patent
infringement against Teknek, LLC and Teknek Electronics (Electronics) in a federal district
court in California in 2004. While the lawsuit was pending, Teknek, LLC and Electronics’ sole
shareholders, Jonathan Kennett (Kennett) and Sheila Hamilton (Hamilton), created Teknek
Holdings (Holdings) and proceeded to funnel both companies’ assets into Holdings, leaving
Teknek, LLC and Electronics insolvent. In re Teknek, 563 F.3d 639, 641 (7th Cir. 2009). SDI
later successfully moved the district court in California to add Kennett, Hamilton and Holdings
to the judgment as defendants on an alter ego theory.
The court’s challenge herein is to discern whether Teknek, LLC became Teknek
America; whether Teknek America became Debtor Tekena USA, LLC (Debtor Tekena)(Debtor)
and what this may mean for Teknek, Ltd.’s (Limited) Motion to Dismiss Debtor Tekena’s
The court has jurisdiction to decide this matter pursuant to 28 U.S.C. § 1334 and Internal
Operating Procedure 15 (a) of the United States District Court for the Northern District of
Illinois. This matter is a core proceeding under 28 U.S.C. § 157 (b)(2)(A).
Teknek, LLC filed for Chapter 7 bankruptcy r