The Seventh Circuit Court of Appeals dismissed the Appellant’s appeal, finding that the Court lacked jurisdiction to hear the appeal under 28 U.SC. § 158(d)(1) because the district court’s...
A reclamation claim made under UCC § 2-702 and 11 U.S.C. § 546(c) does not give rise to a purchase money security interest, and is inferior to a previously perfected floating lien on the assets...
Reversing the ruling below, the Seventh Circuit found "disbursement" to be an "expansive term" covering all payments made by or for a debtor, including direct payments to revolving lines of credit....
The Seventh Circuit affirmed the Bankruptcy and District Court’s decisions. In so doing, it provided vital guidance as to how it defines “fraudulent intent” under 11 U.S.C. § 727(a)(4). It...
Bankruptcy court entered order maintaining property in the chapter 13 bankruptcy estate for the duration of the chapter 13 plan. Relying on § 1327(b), which provides: “[e]xcept as otherwise...
Overruling In re River West Plaza--Chicago, LLC, 664 F.3d 668 (7th Cir. 2011), and part III of In re Sax, 796 F.2d 994 (7th Cir. 1986), (1) section 363(m) of the Bankruptcy Code does not make any...
Relying on Illinois' single action rule, which requires parties to present all theories for litigation arising from a single transaction in a single proceeding, the Court found that creditors who...