In Central States, the Seventh Circuit affirmed the district court's ruling that held that two solvent business entities were under "common control" with an insolvent company and thus liable for...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
14 years 3 months ago
Citation:
Case No. 11-2085 (7th Cir., Dec. 22, 2011)
Ruling:
In River West, the Seventh Circuit declined to consider the merits of an appeal pertaining to a 363 sale for two reasons. First, the appellant, Schwab, failed to obtain a stay, and therefore...
Judge(s):
Bauer, Tinder, and Magus-Stinson (sitting by designation).
U.S. Court of Appeals, Seventh Circuit, Case No. 11-2104 (Decided December 22, 2011)
Ruling:
The 7th Circuit affirmed the District Court's ruling that fines, and the collection of them, do not constitute a debt under the Fair Debt Collection Practices Act. The court interpreted the...
Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
14 years 4 months ago
Citation:
First Chicago Bank & Trust v. Leibowitz (In re IFC Credit Corp.), Ch. 7 Case No. 09-27094, Adv. No. 09-01230, aff'd No. 11-cv-1976, No. 11-2172 (7th Cir. Dec. 5, 2011).
Ruling:
Affirmed. The rule prohibiting pro se corporate filings is nonjurisdictional. Even though a pro se corporate filing is defective, it can be cured by an amended petition signed by an attorney...
Judge Posner, writing for the court, held for the trustee. The court found that the trustee had done due diligence in reaching a settlement of $100,000 with Indiana University because the...
Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
14 years 5 months ago
Citation:
No. 10-3948 (7th Cir., October 31, 2011)
Ruling:
In affirming the lower courts' denial of Roti's administrative claim, the Seventh Circuit explained that the emission of foul odors as a result of negligent maintenance of a gas collection and...
The Seventh Circuit reversed the District Court’s holding regarding Appellants/Defendants’ waiver of arbitration, holding that Appellants had (i) acted consistently with an intent to arbitrate...
Judge(s):
Flaum, Manion, and Sykes, Circuit Judges for the Seventh Circuit
Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
14 years 7 months ago
Citation:
In re Longview Aluminum, L.L.C., No. 10-2780 (7th Cir. Sept. 2, 2011).
Ruling:
Because the question of "insider" status is a mixed question of law and fact, the Court of Appeals reviewed the underlying judgment de novo.
If a preference defendant is an "insider" of the...
Judge(s):
Circuit Judges Bauer, Flaum and Williams, with Judge Bauer writing for the Court. Affirming District Judge Der-Yeghiayan, who affirmed Bankruptcy Judge Wedoff of the Northern District of Illinois.
Affirming the judgments of the district court and the bankruptcy court below, the Seventh Circuit held that a secured creditor's failure to file a proof of claim pursuant to Bankruptcy
