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7th Circuit

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.
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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
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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)
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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
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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...
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