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7th Circuit

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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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 While the FCRA requires credit bureaus to report that a bankruptcy petition was withdrawn “upon receipt of documentation certifying such withdrawal,” and calls for a bureau to “follow reasonable procedures to assure maximum possible accuracy," when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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