Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
14 years 8 months ago
Citation:
Nos. 10-2596, 10-2597, 10-2598, 10-2599 (7th Cir. July 26, 2011)
Ruling:
The Court of Appeals AFFIRMED the District Court's reversal order thereby permitting assignment of an alleged trademark sublicense absent licensor's consent. Purchaser argued that the District...
United States Court of Appeals for the Seventh Circuit; No. 10-3732; In re Golf 255, Inc.; July 22, 2011
Ruling:
Creditor's incidental status as an attorney does not by itself indicate that any possible fraud committed by the creditor during a Chapter 11 claims process necessarily indicates a fraud on the...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
14 years 8 months ago
Citation:
Nos. 10-3017, 10-3018 (7th Cir. July 21, 2011)
Ruling:
In Townsquare, Judge Posner, writing for the Seventh Circuit, discussed the intricacies of when the remand of a matter that has been removed from state court is unappealable. Synthesizing the...
The Seventh Circuit that held that the defendant mortgage loan servicer neither breached its forbearance agreements with the borrower nor violated the Indiana Home Loan Practices Act by continuing...
A municipal utility violated the automatic stay imposed by 11 U.S.C. §362(a)(4) and (a)(6) when it took steps authorized by state law to turn its claim for unpaid utility charges into a lien on...
Judge(s):
The Honorable John Daniel Tinder, The Honorable David F. Hamilton, and The Honorable G. Patrick Murphy of the Southern District of Illinois, sitting by designation.
Seventh Circuit Court of Appeals holds that it lacks jurisdiction on an appeal of district court's dismissal of claims against one defendant, where claims against another defendant were subject of...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
14 years 9 months ago
Citation:
River Road Hotel Partners, LLC v. Amalgamated Bank, ---F.3d ---, Nos.10-3597 & 10-3598 (7th Cir. June 28, 2011)
Ruling:
On the substantive issue, and creating a split with the Third Circuit and the Fifth Circuit, the Court held that Code section 1129(b)(2)(A) does not permit debtors to use the so-called "cram down"...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
14 years 10 months ago
Citation:
2011 WL 1833240, No. 10-2306
Ruling:
In Buchman, the Seventh Circuit rejected any suggestion that the completion of a judicial sale makes an appeal related to the sale equitably moot. The Court noted that even where it would be...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
14 years 11 months ago
Citation:
Bloomfield State Bank v. U.S., No. 10-3939 (7th Cir. May 11, 2011)
Ruling:
Reversing the District Court, the Seventh Circuit held that a mortgage agreement that assigns future rental income to the mortgagee creates a security interest that takes priority over a federal...
