Listecki v. Official Committee of Unsecured Creditors, Court of Appeals, 7th Circuit 2015 (unpublished)
Ruling:
The Religious Freedom Restoration Act (“RFRA”) does not apply to cases where the “government,” as defined in RFRA, is not a party. Also, even where the Free Exercise Clause of the First...
iqbal v. Patel, __ F.3d __, 2015 WL 859541 (7th Cir. March 2, 2015)
Ruling:
Finding that the Rooker-Feldman doctrine did not preclude pursuit of the plaintiff's claims, the Seventh Circuit Court of appeals reversed the district court's dismissal of a civil racketeering...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
11 years 1 month ago
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...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
11 years 1 month ago
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...
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...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
11 years 3 months ago
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...
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...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
11 years 4 months ago
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...
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...
Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
11 years 4 months ago
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...
