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7th Circuit

Childress v. Experian Information Solutions, Inc.

Citation: 
14-2864
Ruling: 
Summary Judgment confirmed. While the FCRA requires credit bureaus to report that a bankruptcy petition was withdrawn “upon receipt of documentation certifying such withdrawal,” and calls for a bureau to “follow reasonable procedures to assure maximum possible accuracy," when the ...
Judge(s): 
Posner, Manion, Hamilton
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1756 W. Lake St LLC v. American Chartered Bank and Scherston Real Estate Investments, LLC

Citation: 
1756 W. Lake Street LLC v. American Chartered Bank and Scherston Real Estate Investments, LLC, Court of Appeals, 7th Circuit (May 15, 2015)
Ruling: 
Value derived from several forbearance agreements and related concessions from a creditor satisfies the reasonable equivalence test in the face of an avoidance action brought by the debtor where the equity in the property is eaten up by the value ...
Judge(s): 
Posner, Sykes, Simon
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In re Marcus-Rehtmeyer

Citation: 
13-C-3919
Ruling: 
The Defendant-Appellee, Marcus-Rehtmeyer, concealed assets and income in her State Court Citation hearing with sufficient intent to justify denial of the discharge as to the debt of Plaintiff-Appellants, her Judgment Creditors.
Judge(s): 
Wood, Rovner, Hamilton
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In re Brooks

Citation: 
Case No. 14-2856
Ruling: 
The Seventh Circuit affirmed the district court's order affirming confirmation of the debtor's chapter 13 plan, holding that as a general matter an above-median debtor may categorically exclude child support payments from the calculation of "disposible income" under section 1325(b)(2) ...
Judge(s): 
Bauer, Flaum, Williams
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Sullivan v. Glenn

Citation: 
Sullivan v. Glenn, No. 14-3213 (7th Cir. Apr. 2, 2015)
Ruling: 
The court AFFIRMED the ruling of the district court. The court accepted that the loan broker was the Glenns' agent, as the Glenns hired the loan broker to negotiate a short-term loan on their behalf. However, for purposes ...
Judge(s): 
Posner, Manion, and Tinder.
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Metrou v. M.A. Mortenson Co. and Schuff Steel Co.

Citation: 
Metrou v. M.A. Morteson Co., No. 14-8030, --- WL --- (7th Cir. Mar. 23, 2015)
Ruling: 
In a matter of first impression at the appellate level and reversing the decision below, the Seventh Circuit declined to utilize judicial estoppel to cap a Chapter 7 trustee's potential recovery in an action at an amount equal to that ...
Judge(s): 
Easterbrook, Flaum, Williams
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BB Syndication Services, Inc. v. First American Title Ins. Co.

Citation: 
BB Syndication Services Inc. v. First American Title Insurance Company, Court of Appeals, 7th Circuit 2015 (unpublished)
Ruling: 
The Seventh Circuit held that when a lender cuts off loan funding by reason of a construction project’s overspending, the lender is, in fact, “creating” or “suffering” a mechanic’s lien because there is inevitably some completed work that remains to ...
Judge(s): 
Wood, Flaum, Sykes
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Gerard v. Gerard

Citation: 
Gerard v. Gerard, No. 14-1496 (7th Cir. Mar. 12, 2015)
Ruling: 
The 7th Circuit reversed the U.S. District Court (E.D. Wis.), which had affirmed the bankruptcy court's entry of judgment of nondischargeability under 11 USC 523(a)(6)(willful and malicious injury) after giving preclusive effect to state court trial verdict in favor of ...
Judge(s): 
Manion, Rovner, and Hamilton
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Listecki v. Official Committee of Unsecured Creditors

Citation: 
Listecki v. Official Committee of Unsecured Creditors, Court of Appeals, 7th Circuit 2015 (unpublished)
Ruling: 
The Religious Freedom Restoration Act (“RFRA”) does not apply to cases where the “government,” as defined in RFRA, is not a party. Also, even where the Free Exercise Clause of the First Amendment is applicable, it does not preclude ...
Judge(s): 
Flaum, Williams
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Iqbal v. Patel

Citation: 
iqbal v. Patel, __ F.3d __, 2015 WL 859541 (7th Cir. March 2, 2015)
Ruling: 
Finding that the Rooker-Feldman doctrine did not preclude pursuit of the plaintiff's claims, the Seventh Circuit Court of appeals reversed the district court's dismissal of a civil racketeering complaint.
Judge(s): 
Easterbrook, Rovner, and Sykes
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