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7th Circuit

Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).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Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).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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In re Sobczak-Slomczewski

Citation: 
In re Sobczak-Slomczewski, Case No. 15-1162 (7th Cir. Jun. 13, 2016)
Ruling: 
Federal Rule of Bankruptcy Procedure 8002(a)(1), which requires that a notice of appeal shall be filed within 14 days of a bankruptcy court's order, is a mandatory jurisdictional rule.
Judge(s): 
Ripple, Rovner, and Williams
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Liebzeit v. Intercity State Bank, et al. (In re Blanchard)

Citation: 
Liebzeit v. Intercity State Bank, et al. (In re Blanchard), Case No. 15-1970 (7th Cir. App. Apr. 14, 2016)
Ruling: 
1. Under Wisconsin law, a mortgage can properly attach a lien to a vendor's interest in a land contract. 2. The lender perfected it's lien on the vendor's interest by recording a mortgage in the land records, rather than ...
Judge(s): 
Hamilton, Posner, Ripple
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In re Jepson

Citation: 
In re Jepson, No. 14-2459 (7th Cir. April 15, 2016) (unpublished).
Ruling: 
A motion to stay this court’s mandate pending final disposition of the litigation in the Supreme Court was denied because the movant intended to raise an issue of constitutional standing in her petition for certiorari, where prudential standing formed the ...
Judge(s): 
Ripple
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Siragusa, et al. v. Collazo (In re Collazo)

Citation: 
14 C 5008
Ruling: 
The 7th Circuit examined the factual underpinning of the case, including the fact that the Plaintiffs had been satisfied with Collazo's evasive responses to inquiries about their investments, had taken his small partial payments, and had invested further with him ...
Judge(s): 
POSNER, EASTERBROOK and KANNE
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Estate of Stanley Cora v. Jahrling (In re Jahrling)

Citation: 
Estate of Stanley Cora v. Jahrling (In re Jahrling), Case No. 15-2252 (7th Cir. Mar. 18, 2016)
Ruling: 
Legal malpractice judgment entered against the debtor was not dischargeable because the judgment was for a "defalcation while acting in a fiduciary capacity." The Court held that although legal malpractice judgments and/or judgments resulting from an attorney's violation of ...
Judge(s): 
Kanne, Rovner, and Hamilton
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Continental Casualty Company v. Symons, et al.

Citation: 
14-2665, 14-2671 & 15-1061
Ruling: 
7th Circuit affirmed the finding of the District Court that Symons International was liable for breach of a 1998 sale agreement; found Symons International Goran, Granite, and the Symons individually, liable as transferees under Indiana Uniform False Transfer Act; and ...
Judge(s): 
Before ROVNER and SYKES, Circuit Judges, and ANDREA WOOD, District Judge (ND IL - by designation)
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Jepson v. Bank of New York Mellon (In re Jepson)

Citation: 
Jepson v. Bank of New York Mellon (In re Jepson), Case No. 14-2459 (7th Cir. Mar. 22, 2016)
Ruling: 
The Court of Appeals ruled that, under New York law, a debtor-homeowner, does not have standing to challenge the assignment of a note / mortgage based upon the lender's alleged failure to comply with the terms of a pooling and ...
Judge(s): 
Posner, Ripple, and Hamilton
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Official Committee of Unsecured Creditors of Great Lakes Quick Lube LP v. T.D. Investments I, LLP (IN re Great Lakes Quick Lube LP)

Citation: 
7th Cir., Case No. 15-2093, Decided March 11, 2016
Ruling: 
The judgment of the bankruptcy court was reversed, and the case remanded in order to determine: a) the value of the asset transferred (in the form of commercial leases that were terminated pre-bankruptcy), and b) whether the transferee has any ...
Judge(s): 
POSNER, FLAUM and WILLIAMS, Circuit Judges
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