Cox v. Nostaw, Inc. (In re Central Ill. Energy Coop.)
- Summarized by Lars Fuller , BakerHostetler
- 9 years 3 weeks ago
- Case Type:
- Business
- Case Status:
- Dismissed
- Citation:
- No. 16-1389 (7th Circuit, Feb 08,2017) Published
- Tag(s):
-
- Ruling:
- In five paragraph order, 7th Circuit dismissed appeal and remanded on motion of appellant, after parties agreed to terms of settlement following mediation. Appellant filed motion to dismiss appeal and for remand to district court, with further remand to the bankruptcy court to obtain bankruptcy court approval of the settlement. The 7th Circuit cited local appellate rules authorizing coordination of remand between district court and the bankruptcy court for approval of a settlement. The parties sought and obtain an "indicative ruling" from the bankruptcy court indicating it would approve.
- Procedural context:
- Trustee sued creditor and bankruptcy court entered judgment in favor of creditor; trustee appealed to district court; district court affirmed; trustee appealed to the 7th Circuit, which directed the parties to mediation. Parties settled, contingent on bankruptcy court approval of the settlement. Trustee moved to dismiss appeal for remand to district court, then remand to bankruptcy court, for entry of order approving settlement.
- Facts:
- Trustee sued creditor and bankruptcy court entered judgment in favor of creditor; trustee appealed to district court; district court affirmed; trustee appealed to the 7th Circuit, which directed the parties to mediation. Parties settled, contingent on bankruptcy court approval of the settlement. Trustee moved to dismiss appeal for remand to district court, then remand to bankruptcy court, for entry of order approving settlement.
- Judge(s):
- Ripple
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