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7th Circuit

In re Sweports, Ltd.

Citation: 
No. 14-2423 (8th Cir. Jan. 9, 2015).
Ruling: 
Dismissal of a bankruptcy case does not divest the bankruptcy court Rather, a bankruptcy court retains ancillary jurisdiction to “tie up loose ends,” such as to rule on an application for allowance of fees under 11 U.S.C. ...
Judge(s): 
Posner, Williams, and Tinder.
Read on...

Cirilli v. Bronk (In re Bronk)

Citation: 
Cirilli v. Bronk (In re Bronk), Nos. 13-1123 & 13-1516, --- WL --- (7th Cir. Jan. 5, 2014)
Ruling: 
Applying Wisconsin law, the Court reversed the ruling that only account beneficiaries and not account owners could exempt college savings accounts and affirmed the ruling that the annuity in question comprised an exempt "retirement benefit". The Court found that ...
Judge(s): 
Sykes, Manion, Kanne
Read on...

In re Ruben

Citation: 
In re Ruben, No. 14-1475 (7th Cir. Dec. 23, 2014)
Ruling: 
AFFIRMING the district court's reversal of the bankruptcy court's order, the Seventh Circuit Court of Appeals held that the district court was correct in denying the discharge of Ruben’s debt for $171,504.54 in costs imposed by the arbitration panel. The ...
Judge(s): 
BAUER, POSNER, and TINDER, Circuit Judges.
Read on...

United States v. Bey

Citation: 
United States v. Bey, No. 13-2810, 2014 WL 6765108 (7th Cir. Dec. 2, 2014).
Ruling: 
The Court affirmed the Defendant's conviction for failure to surrender to serve her sentence for bankruptcy crime on grounds that the attorney-client privilege did not prevent the admission of communications from, or testimony by, her counsel her about her surrender ...
Judge(s): 
Wood, Bauer, Hamilton
Read on...

State Bank of Toulon v. Covey (In re Duckworth)

Citation: 
In Re: David L. Duckworth, State Bank of Toulon v. Charles E. Covey, Ch. 7 Trustee for David L. Duckworth, Case Nos. 14-1561 and 14-1650 (7th Cir. Nov. 21, 2014) (unpublished)
Ruling: 
Parol evidence cannot be used against a bankruptcy trustee to reform a security agreement or to correct the mistaken identification of the debt to be secured. The lender cannot obtain reformation under the composite document rule because a bankruptcy ...
Judge(s): 
Flaum, Rovner, Hamilton
Read on...

Skavysh v. Katsman (In re Katsman)

Citation: 
Skavysh v. Katsman (In re Katsman), No. 13-C-1881 (7th Cir. Sept. 23, 2014)
Ruling: 
The Court of Appeals affirmed the District Court's holding, affirming that a Chapter 7 Debtor is not intitled to a discharge under Section 727(a)(4)(A), even in a "No-Asset" case, when she intentionally omits known creditors for any deceptive purpose.
Judge(s): 
Posner, Rovner and Williams, Circuit Judges.
Read on...

Greene v. U.S. Dept. of Education

Citation: 
Greene v. U.S. Dep't of Education, Case No. 13-3257 (7th Cir. Oct. 27, 2014) (unpublished)
Ruling: 
The reasons for making some counterclaims compulsory are to prevent harassment by the filing of repeated claims and to avoid duplicative litigation. Stating that any counterclaim that ultimately arises out of the same transaction or occurrence must be filed ...
Judge(s): 
Posner, Flaum, Sykes
Read on...

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...
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