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7th Circuit

Richardson v. Koch Law Firm, P.C.

Citation: 
Richardson v. Koch Law Firm, P.C No. 12-3868
Ruling: 
Court of Appeals Holding: Since the State Court vacated the initial default judgment, justification for the District Court’s dismissal under Rooker-Feldman no longer exists. Additionally, Richardson has been entirely derelict in his own defense. He has failed on several ...
Judge(s): 
Chief Judge Wood; Judge Easterbrook; Judge Sykes
Read on...

KDC Foods v. Gary, Plant, Mooty

Citation: 
KDC Foods, Inc. v. Gray, Plant, Mooty, Mooty & Bennett, P.A., No. 13-3678, --- WL --- (7th Cir. Aug. 15, 2014)
Ruling: 
The Court held that the causes of action accrued when the debtor should have discovered the facts constituting the fraud and had sufficient information to make it aware of the need to investigate further. The Court found the the ...
Judge(s): 
Tinder, Hamilton, Kapala (sitting by designation)
Read on...

Levin v. Miller

Citation: 
App. No. No. 12-3474 (7th Circuit Court of Appeals) - August 14, 2014
Ruling: 
The Seventh Circuit held that the derivative claims held by the trustee of a bankrupt bank holding company against former managers were assigned by federal law to the FDIC, and upheld the district court's dismissal of those counts. The ...
Judge(s): 
Wood, Easterbrook, Hamilton (Opinion by Easterbrook; concurrence by Hamilton).
Read on...

Gabino v. Koonce

Citation: 
Case No. 13-2756 (July 2, 2014)
Ruling: 
Successful slander of title suit under Illinois state law satisfied the nondischargeability requirements of 523(a)(2) and 523(a)(6), such that Debtor was collaterally estopped from asserting as a defense that the requisite intent was absent. Federal courts apply the preclusion ...
Judge(s): 
Wood, Williams, and Hamilton
Read on...

Spaine v. Community Contracts, Inc.

Citation: 
13-3059, 2014 WL 2855000 (7th Cir. 2014)
Ruling: 
Trial court ruled that Spaine, with intent, concealed from the bankruptcy court her claims against Community Contacts, and by so doing she should be judicially estopped from asserting her claim. The Appellate Court reversed the lower court’s ruling on ...
Judge(s): 
Virginia M. Kendall
Read on...

C.P. Hall Co. v. Columbia Casualty Co.

Citation: 
C.P. Hall Co. v. Columbia Cas. Co., No. 13-1306, 2014 WL 1628119 (7th Cir. Apr. 24, 2014).
Ruling: 
The Court held that an excess liability insurer lacked standing to object to a settlement between a debtor and one of its primary insurance coverage providers. The Court followed its precedent to find that a party in interest authorized ...
Judge(s): 
Posner, Flaum, Rovner
Read on...

Grede v. FCStone, LLC

Citation: 
Grede v. FCStone, LLC, No. 09 C 136 (7th Cir. Mar. 19, 2014)
Ruling: 
The court REVERSED the judgment of the district court. The pre-petition transfer was exempted from avoidance under Section 546(e), because it was a "settlement payment" and a transfer made "in connection with" a "securities contract." The pre-petition transfer ...
Judge(s): 
Manion, Rovner, and Hamilton.
Read on...

In re Mississippi Valley Livestock, Inc.

Citation: 
No. 13‐1377 (7th Cir., Mar. 12, 2014)
Ruling: 
In case involving $900,000 in allegedly preferential payments relating to cattle sales, the Seventh Circuit found that a bailment existed with regard to the Debtor's possession of the transferee's cattle, and accordingly concurred that a constructive trust could exist in ...
Judge(s): 
Wood, Chief Judge, and Bauer and Kanne
Read on...

A&F Enterprises, Inc. II, et al. v. IHOP Franchising LLC, et al. (In re A&F Enterprises, Inc. II, et al.)

Citation: 
In the United States Circuit Court for the Seventh Circuit, Case No. 13-3192
Ruling: 
The Seventh Circuit reversed the District Court's denial of a stay pending appeal of bankruptcy court's order deeming certain leases rejected and agreements expired . The stay pending appeal on the merits to the District Courts was warranted because the ...
Judge(s): 
Before WOOD, Chief Judge, and FLAUM and SYKES, Circuit Judges.
Read on...

In re Equipment Acquisition Resources, Inc.

Citation: 
Appeal from US Dist. Ct. ND IL ED, Case No. 11 C 05045
Ruling: 
The 7th Circuit was asked to decide whether a Chapter 11 Debtor in Possession could bring an action to recoup its Federal tax payments pursuant to § 544(b)(1). The Court decided it could not, for the same reason that ...
Judge(s): 
Before BAUER and FLAUM, Circuit Judges, and VAN BOKKELEN, District Judge
Read on...
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