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7th Circuit

Trentadue v. Gay (In re Trentadue)

Citation: 
In re Trentadue, No. 15-CV-388 (7th Cir. Sept. 14, 2016) (unpublished).
Ruling: 
In the bankruptcy context, attorney’s fees awarded relating to a child support case constitutes a priority, non-dischargeable domestic support obligation under 11 U.S.C. § 507(a)(1).
Judge(s): 
Kanne, Ripple, and Williams.
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In the Matter of Ferguson

Citation: 
In re Ferguson, No. 15-3093 (7th Cir. August 23, 2016) (unpublished)
Ruling: 
In the bankruptcy context, an appeal lacks jurisdiction when a case is remanded deciding only an issue without resolving the underlying dispute, because such decision is not final.
Judge(s): 
Shadid, Easterbrook, Rovner, and Hamilton.
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Owens v. LVNV Funding, LLC

Citation: 
Owens v. LNVN Funding, LLC, Case Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug. 10, 2016)
Ruling: 
Majority: The filing of a proof of claim, by a debt collector, on a "stale debt" is not, in and of itself, a false, deceptive, or misleading practice prohibited by the Fair Debt Collection Practices Act. Dissent: ...
Judge(s): 
Flaum & Bauer, with Wood dissenting.
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Kleen Products LLC, et al. v. International Paper Company, et al.

Citation: 
Nos. 15-2385 & 15-238
Ruling: 
With respect to the central issue of class certification under FRCP 23(a) and (b)(3), the sole contested points relate only to the requirements of predominance and superiority. But since Defendants did not challenge Purchasers’ experts per Daubert and FRE 702, ...
Judge(s): 
Wood, Bauer, Williams
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FTI Consulting, Inc. v. Merit Management Group, LP

Citation: 
FTI Consulting, Inc. v. Merit Mgmt. Group, LP), Case No. 15-3388 (7th Cir. July 28, 2016).
Ruling: 
The safe harbor provision of 11 U.S.C. § 546(e) does not shield a transfer of funds through a financial institution acting only as a conduit between the debtor and the transferee, neither of which were of a type of entity ...
Judge(s): 
Wood, Posner, Rovner (Wood)
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Wittman v. Koenig

Citation: 
Wittman v. Koenig, No. 15-2798 (7th Cir. July 26, 2016) (unpublished opinion).
Ruling: 
Annuities complying with §72 of the Internal Revenue Code satisfy Wis. Stat. §815.18(3)(j)’s compliance requirement, and thus may be claimed as bankruptcy exemptions if they meet additional conditions imposed by the statute.
Judge(s): 
Posner, Williams, and Hamilton
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Zeddun v. Griswold (In re Wierzbicki)

Citation: 
Zeddun v. Griswold (In re Wierzbicki), Case No. 16-1334 (7th Cir. July 27, 2016).
Ruling: 
Promising not to pursue essentially meritless litigation is not reasonably equivalent value when exchanged for an interest in a farm valued at $151,000.00 and the benefit of avoiding further family conflict is too nebulous to support a finding of reasonably ...
Judge(s): 
Wood, Rovner, Hamilton (Per Curium)
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Arlington Capital, LLC v. Bainton McCarthy LLC, et al. (In re GT Automation Group, Inc.)

Citation: 
In re GT Automation Group, Inc., No. 1:14-CV-98 (7th Cir. July 8, 2016) (unpublished).
Ruling: 
In the bankruptcy context, an appellant lacks standing if it is unable to realize any economic benefit from a potential reversal.
Judge(s): 
Posner, Williams, and Pallmeyer (District Judge of the Northern District of Illinois, sitting by designation.)
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Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).

Citation: 
Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).
Ruling: 
A bankruptcy court has discretion to modify a Chapter 13 plan based on an increase in the Debtors’ post-confirmation income.
Judge(s): 
Bauer, Williams, and Adelman (District Judge of the Eastern District of Wisconsin, sitting by designation)
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UTC of Sparrer Sausage Co., Inc. v. Jason's Foods, Inc.

Citation: 
UTC of Sparrer Sausage Co., Inc. v. Jason's Foods, Inc., Case No. 15-2356 (7th Cir. Jun. 10, 2016)
Ruling: 
The Bankruptcy Court and District Court applied too narrow of a baseline range in determining whether preference-period payments made by a debtor were subject to the subjective ordinary course of business defense, 11 U.S.C. 547(c)(2)(A). In making this ruling, ...
Judge(s): 
Flaum, Williams, and Sykes
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