7th Circuit

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...

In the Matter of New Energy Corp. (Appeal of Natural Chem Holdings, LLC)

Citation: 
In re New Energy Corp., Case No. 13-2501 (7th Cir. Jan. 15, 2014)
Ruling: 
Party who is not a creditor and who elected not to bid at an auction sale does not have standing to contest approval of that sale. In dicta, the Court also stated that: (i) only the trustee (debtor-in-possession) ...
Judge(s): 
Flaum, Easterbrook, Griesbach (District Judge)
Read on...

In re LaMont

Citation: 
Case No 13-1187 (7th Cir. Jan. 7, 2014)
Ruling: 
The Seventh Circuit Court of Appeals affirmed the bankruptcy and district court rulings, by holding that during the redemption period, the interest of a purchaser at tax sale is a secured claim that is treatable in bankruptcy and modifiable in ...
Judge(s): 
Manion, Kanne and Sykes
Read on...

Adams v. Adams

Citation: 
Adams v. Adams, Case Number 13-1636 (7th Cir. Dec. 27, 2013)
Ruling: 
Collateral estoppel (issue preclusion) principles apply in discharge exception proceedings pursuant to 11 U.S.C. § 523(a).”)
Judge(s): 
Posner, Rovner and Hamilton
Read on...

In re Crane

Citation: 
No. 13-1518
Ruling: 
In a case applying Illinois law, the Seventh Circuit determined that Section 544(a)(3) strong-arm powers do not enable a Trustee to avoid a recorded mortgage merely because the mortgage does not state on its face either a maturity date or ...
Judge(s): 
Cudahy, Ripple, and Hamilton
Read on...

First Weber Group, Inc. v. Horsfall

Citation: 
13-1026
Ruling: 
The circuit court affirmed the district court's ruling, but not without comment. The appeal was on several grounds, but this summary focuses on the primary 523(a)(6) analysis, which includes lengthy discussion of the interplay between state and bankruptcy court ...
Judge(s): 
Wood, Manion, and Tinder (Circuit Judges).
Read on...

In the Matter of Rockford Products Corporation

Citation: 
12-3133
Ruling: 
The 7th Circuit Court of Appeals refused to interpret ambiguous language in a District Court Opinion as an injunction. On that basis, and since issuing an opinion would require weighing in on many other questions, including the effects of Stern ...
Judge(s): 
EASTERBROOK, KANNE, and ROVNER
Read on...
Syndicate content