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7th Circuit

In re Robinson

Citation: 
14-3585
Ruling: 
The Court of Appeals affirmed the District Court's reversal of the Bankruptcy Court's refusal to sanction the Debtor's exemption; concluding that the plain language of the Illinois personal property exemption statute allowed the exemption for the Debtor's Book of Mormon.
Judge(s): 
Wood, Easterbrook, and Ripple
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Smith v. SIPI, LLC, et al. (In re Smith)

Citation: 
Smith v. SIPI, LLC (In re Smith), No. 1:13-cv-06422 (7th Cir. Jan. 20, 2016)
Ruling: 
A tax sale lawfully conducted according to Illinois's interest rate auction system does not necessarily establish a transfer for reasonably equivalent value within the meaning of 11 U.S.C. 548(a)(1)(B). Here, the 7th Circuit found that the debtors' residence was ...
Judge(s): 
Bauer, Williams, and Hamilton
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Brown v. UAL Corporation (In re UAL Corporation, et al.)

Citation: 
Brown v. UAL Corporation, et al., Court of Appeals, 7th Circuit 2015 (unpublished)
Ruling: 
A bankruptcy court does not abuse its discretion in refusing to reopen a Chapter 11 case when an unsecured creditor moves to reopen the case in order to pursue state-law claims but has otherwise failed to pursue those claims for ...
Judge(s): 
Bauer, Posner, Hamilton
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Frederick J. Grede v. Bank of New York Mellon Corp. and Bank of New York (In re Sentinel Management Group, Inc.)

Citation: 
Grede v. Bank of New York Mellon Corp., et al. (In re Sentinal Mgmt. Group, Inc.), Case No. 15-1039 (7th Cir. January 8, 2016).
Ruling: 
When a transferee is on “inquiry notice,” it has a duty to make further investigations into the facts surrounding a transfer to it and the failure to make such investigations renders its acceptance of the transfer to be in bad ...
Judge(s): 
Posner, Easterbrook, Rovner (Posner)
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Caesars Entertainment Operating Co., Inc., et al. v. Bokf, N.A., et al. (In re Caesars Entertainment Operating Co., Inc.)

Citation: 
Caesers Entm’t Operating Co., Inc. v. BOKF, N.A., et al. (In re Caesers Entm’t Operating Co., Inc.), Case No. 15-3259 (7th Cir. December 23, 2015).
Ruling: 
Bankruptcy Code section 105(a) gives bankruptcy courts extensive equitable powers to enter orders that are appropriate to carry out the provisions of the Bankruptcy Code and whether a given order is appropriate is a factual determination.
Judge(s): 
Posner, Manion, Sykes (Posner)
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Leeb v. Nationwide Credit Corp.

Citation: 
No. 14-1329, Appeal from ND IL ED No.1:12-cv-913
Ruling: 
The 7th Circuit confirmed the ruling of the District Court granting Summary Judgment in favor of the Appellee and against Appellant. The Court ruled that Nationwide's letter to Leeb, even after he objected to the debt and demanded proof under ...
Judge(s): 
Easterbrook, Manion, and Williams
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Avila v. CitiMortgage, Inc.

Citation: 
Avila v. CitiMortgage, Incorporated, Court of Appeals, 7th Circuit 2015 (unpublished)
Ruling: 
(1) A provision in a mortgage contract that places the proceeds from a homeowner’s insurance claim with the lender during repair and restoration does not create a fiduciary relationship between the lender and borrower; and (2) when the mortgage provides ...
Judge(s): 
Sykes
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In re Schwartz

Citation: 
15-1416
Ruling: 
The 7th Circuit found that the phrase “for cause” as used in the Bankruptcy Code embraces conduct that, even if not a violation of required procedures, avoids repayment of a debt without an adequate reason. In other words, the case ...
Judge(s): 
POSNER, KANNE, and ROVNER
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In re John Wilson

Citation: 
In re John Wilson, Case No. 15­-1150 (7th Cir., Aug. 10, 2015)
Ruling: 
Affirmed the judgment of the U.S. District Court for the Eastern District of Wisconsin; the 7th Circuit upheld the fee awarded to the chapter 7 trustee after it was challenged by a creditor.
Judge(s): 
Posner, Easterbrook, and Sykes, Circuit Judges
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Saint Catherine Hospital of Indiana, LLC v. Indiana Family and Social Services Administration

Citation: 
Saint Catherine Hospital of Indiana, LLC v. Indiana Family and Social Services Administration, Case Nos. 14-2420 and 14-2546 (7th Cir., Aug. 28, 2015) (per curiam)
Ruling: 
Reversed the U.S. District Court for the Southern District of Indiana; held that the statutorily-imposed Hospital Assessment Fee ("HAF") for fiscal year 2013 collected by the Indiana Family and Social Services Administration ("FSSA") that was calculated in 2012 was a ...
Judge(s): 
Bauer, Flaum, and Williams, Circuit Judges
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