Successor liability is appropriate in suits to enforce federal labor or employment laws-even when the successor disclaimed liability when it acquired the assets, unless there is a good reason to...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
12 years 12 months ago
Citation:
Fogel v. Shabat, 12 A 00799 (Apr. 8, 2013)(Posner)
Ruling:
The Bankruptcy Court erred in ruling than appointment of an Interim Trustee under 11 USC 701 extends the statute of limitations for avoidance actions under 702 and 546(a).
Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
13 years 1 month ago
Citation:
In re Canopy Financial, Inc., No. 12-3239 (February 28, 2013) (Easterbrook, Posner and Tinder, Circuit Judges).
Ruling:
Affirmed. Though a trial judge has discretion to excuse some negligent errors under the equitable “excusable neglect” standard of Pioneer Investment Services Co. v. Brunswick Associates L.P.,...
Judge(s):
Easterbrook, Chief Judge, Posner and Tinder, Circuit Judges. Conlon, District Judge. Wedoff, Bankruptcy Judge.
Summarized by Mark Melickian , Raines Feldman Littrell LLP
13 years 1 month ago
Citation:
Case no. 12-2639, 7th Circuit Court of Appeals (decided February 14, 2013)
Ruling:
On a direct appeal from the bankruptcy court, the 7th Circuit panel held that a new value plan in which new investment in the debtor is provided by a spouse that was not an equity investor in the...
Judge(s):
Frank Easterbrook, Chief Judge; Joel Flaum, Circuit Judge; Ilana Rovner, Circuit Judge. Opinion by Judge Easterbrook.
Summarized by George Spathis , Horwood Marcus & Berk Chartered
13 years 2 months ago
Citation:
No. 12-2777 (7th Cir. January 28, 2013)
Ruling:
A checking account consitutues "personal property" that reamins within the "control" of the account's holder, and therefore subject to a citation lien under Illinois law. This is consistant with...
Judge(s):
EASTERBROOK, Chief Judge, HAMILTON, Circuit Judge, and MILLER, District Judge for the Northern District of Indiana, sitting by special designation.
In re Knight-Celotex, LLC, et al., Case No. 11-01815, ---F.3d ---- (7th Cir. Sept. 5, 2012)(slip opinion) (Hamilton, J)
Ruling:
AFFIRMING the District Court, the Seventh Circuit held that the Bankruptcy Court did not abuse its discretion by finding that a trustee was not judicially estopped from assigning claims against the...
Judge(s):
Cudahy, Kanne, and Hamilton, Seventh Circuit Judges.
Summarized by Paul Lucey , Leverson Lucey & Metz, S.C.
13 years 8 months ago
Citation:
Frederick Grede v. Bank of New York Mellon, Case Nos. 10-3787, 10-3990 & 11-1123 (7th Cir. Aug. 9, 2012)
Ruling:
Order and judgment of the District Court are affirmed: Investment manager's illegal pledge of client funds to secure short-term loans supporting manager's trading activity for its own account and...
First Premier Capital LLC v. Republic Bank of Chicago (In re Equipment Acquisition Resources Inc.), Case No. 11-3905 (7th Cir. Aug. 9, 2012)
Ruling:
Seventh Circuit Court of Appeals affirmed the District Court's ruling, which affirmed the Bankruptcy Court's ruling, that the granting of the settlement motion was not an abuse of discretion.
Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
13 years 8 months ago
Citation:
Case No. 11-3299 (7th Cir. July 17, 2012)
Ruling:
Court of Appeals upheld criminal convictions of Johns on all four counts of bankruptcy fraud under 18 U.S.C. § 152(8), 18 U.S.C. § 157, 18 U.S.C. § 1519, and 18 U.S.C. § 152(5). Court of...
Judge(s):
Easterbrook, Flaum and Wood. Opinion by Circuit Judge Flaum.
The Seventh Circuit was not persuaded by Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., 756 F.2d 1043 (4th Cir. 1985), and held that, when an intellectual-property license is...
