Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
13 years 9 months ago
Citation:
--- WL ---, No. 10-3607 (7th Cir. June 25, 2012)
Ruling:
Reversing the decisions of the District Court and Bankruptcy Court below, the Court ruled that the principals of the debtor entity were liable for breach of fiduciary duty not under Illinois law,...
In a fact-driven inquiry, the Seventh Circuit held that threats of legal action and collection puffery on the front of a dunning letter (a bill collection communication) could not "overshadow"...
Judge(s):
Seventh Circuit Judges Flaum, Williams, and Tinder.
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
13 years 11 months ago
Citation:
No. 11-1256; 2012 WL 1324245
Ruling:
Willful and malicious injury determination and finding of nondischargeability affirmed in case involving a brutal attack on the Debtor’s ex-wife (an attack which resulted in a life sentence for...
Summarized by Paul Lucey , Leverson Lucey & Metz, S.C.
14 years 4 days ago
Citation:
Case No. 10-3770 (7th Circuit); Decided April 3, 2012
Ruling:
Order by U.S. District Court for N.D. Ill. dismissing Trustee's negligence claim against debtors' former auditor (for failure to discover a Ponzi scheme involving the debtors) is reversed and case...
Judge(s):
Easterbrook, Chief Judge, Bauer and Sykes, Circuit Judges. Opinion by Easterbrook.
Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
14 years 1 week ago
Citation:
Case Nos. 11-2018, 11-2026 (7th Cir. March 28, 2012)
Ruling:
Abitration provisions in creditors' contracts, even if enforceable or enforced, do not destroy bankruptcy court jurisdiction over a debtor's bankruptcy case.
Summarized by Mark Melickian , Raines Feldman Littrell LLP
14 years 1 month ago
Citation:
Case no. 11-1423, 7th Circuit Court of Appeals (decided March 7, 2012)
Ruling:
Overturning the district court, the 7th Circuit panel held that a plaintiff successfully pled various state law contract and tort claims against a mortgage servicer that she alleged improperly...
Judge(s):
Kenneth Ripple (Circuit Judge); David Hamilton (Circuit Judge); Sue E. Myerscough (District Court Judge - CD Illinois - sitting by designation). Opinion by Hamilton; concurrence by Ripple.
Summarized by George Spathis , Horwood Marcus & Berk Chartered
14 years 1 month ago
Citation:
Non-precedential Disposition: United States Circuit Court of Appeals for the Seventh Circuit, 11-3193
Ruling:
The Seventh Circuit held that debts are not except from discharge by 11 USC §523(a)(2)(A) unless the alleged fraud relates to something other a false statement regarding the Debtor's overall...
Judge(s):
Hon. Frank H. Easterbrook, Chief Judge, Hon. William J. Bauer, Hon. Dianee P. Wood
A secured creditor can object to a plan to protect its lien from unfavorable treatment, but a plan can be crammed down over objection provided one of three subsections of Bankruptcy Code §...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
14 years 3 months ago
Citation:
In re Holly Marine Towing, Inc., ---- WL ----, No. 11-1787 (7th Cir. Jan. 6, 2012)
Ruling:
The Court ruled that, notwithstanding the appellant's standing as the holder of an allowed Chapter 11 administrative claim against the now-converted debtor to seek to have an order approving a...
Ortiz v. Aurora Health Care, Inc. (In re Ortiz), Case No. 10-3465 (7th Cir., Dec. 30, 2011)
Ruling:
Relying upon Stern v. Marshall, the Seventh Circuit held that the bankruptcy court did not have constitutional authority to issue a final judgment in adversary proceedings involving claims defined...
Judge(s):
Daniel Tinder (7th Circuit), Ann Williams (7th Circuit), Joan Gottschall (Northern District of Illinois)
