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7th Circuit

In re Wendy A. Nora

Citation: 
No. 13-2676
Ruling: 
Rule 38 of the Federal Appellate Procedure- When a litigant or attorney presents appellate arguments with no reasonable expectation of success for the purpose of delay, harassment or sheer obstinacy, sanctions are appropriate. Nora has given the court no reason to ...
Judge(s): 
Bauer, Posner and Tinder
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Hotel 71 Mezz Lender LLC v. The National Retirement Fund

Citation: 
Hotel 71 Mezz Lender, LLC v. The National Retirement Fund, No. 14-2034, --- WL --- (7th Cir. Feb. 6, 2015)
Ruling: 
The Court reversed and remanded a sua sponte grant of summary judgment against a party that also unsuccessfully moved for summary judgment. The Court found that, absent a record "clear beyond dispute" on the facts at hand, an insufficient ...
Judge(s): 
Rovner, Bauer, Tinder
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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.
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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
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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.
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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
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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
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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.
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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
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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
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