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7th Circuit

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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Richer v. Morehead

Citation: 
7th Cir. No. 14-2618 (Aug. 11, 2015)
Ruling: 
The 7th Circuit affirmed the District Court (N.D. Ill.), finding that the creditor (Morehead) converted his participation interest in commercial real estate owned by a trust controlled by one of the debtors (Richer) to a demand note in a timely ...
Judge(s): 
Posner, Kanne, and Hamilton, Circuit Judges
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U.S.A. v. Williams

Citation: 
13-2359 (7th Cir. August 10, 2015)
Ruling: 
Affirmed. Judgment foreclosing a Federal Tax Lien and specifying how proceeds should be applied is "final and appealable" because it ends litigation and leaves nothing but execution of the judgment to be accomplished.
Judge(s): 
Cuday, Easterbrook, Rovner
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Official Committee of Unsecured Creditors of Bulk Petroleum Corp. v. Kentucky Dept. of Rev.

Citation: 
Official Committee of Unsecured Creditors of Bulk Petroleum Corp., et al., Bank of Sun Prairie v. Kentucky Department of Revenue, Court of Appeals, 7th Circuit (July 31, 2015)
Ruling: 
Kentucky’s excise tax on commercial sale of motor fuel is to be paid by the receiving party, no matter who is doing the collection of the tax. Actual receipt of the fuel occurs at the moment the gasoline is ...
Judge(s): 
Wood, Easterbrook, Hamilton
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In re Charles Edward Taylor, II

Citation: 
In re Taylor, No. 14–3017, 2015 WL 4393732, --- F.3d --- (7th Cir. July 20, 2015)
Ruling: 
Affirming the district court, the Seventh Circuit first held that the appeal was not moot even though the debtor had entered into a settlement agreement with one of the appellees because the other appellees would not consent to the settlement ...
Judge(s): 
Wood, Chief Judge; Rovner, Circuit Judge; and Springmann, District Judge (sitting by designation)
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Tetzlaff v. Educational Credit Management Corp.

Citation: 
Tetzlaff v. Edud. Credit Mgmt. Corp., Case No 14-3702 (7th Cir. July 22, 2015)
Ruling: 
Debtor was not entitled to an undue hardship discharge of student loan debt under 11 U.S.C. section 523(a)(8) because he did not meet either the "additional circumstances" or "good faith" prongs of the Brunner test.
Judge(s): 
Flaum, Manion, and Hamilton, Circuit Judges
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Peterson v. Katten Muchin Rosenman LLP

Citation: 
Case No. 14-3632
Ruling: 
The Seventh Circuit reversed the district court's order dismissing the bankruptcy trustee's legal malpractice complaint against Katten Muchin Rosenman LLP ("Katten"), holding that the trustee properly stated a claim for relief by alleging that the firm failed to advise its ...
Judge(s): 
Easterbrook, Bauer, and Sykes
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Corrie Opportunities Fund, LP v. Emmis Communications Corp.

Citation: 
Corrie Opportunities Fund, LP v. Emmis Communications Corp., Court of Appeals, 7th Circuit (July 2, 2015)
Ruling: 
This ruling set a precedent, as there have been no cases in Indiana courts that interpret the statutes discussed in this case. As long as a share is “outstanding,” it has a vote and in Indiana, a corporation has ...
Judge(s): 
Flaum, Easterbrook, Kanne
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