By withdrawing a motion to dismiss the involuntary petition that, in essence, alleged fraud in the proceedings and by failing to argue in the appeal to the district court an argument raised in the...
A bankruptcy court's in rem jurisdiction is insufficient to establish personal jurisdiction over foreign defendants, and the automatic stay of 11 U.S.C. § 362(a) is unenforceable if the bankruptcy...
Agreeing with the U.S. Bankruptcy and District Courts for the Northern District of Illinois (BC and DC), the U.S. Court of Appeals for the Seventh Circuit found bankruptcy in rem jurisdiction...
Judge(s):
Kenneth F. Ripple; Ilana K.D. Rovner; and Thomas L. Kirsch II
11 U.S.C. § 1327(a), as applied in the Seventh Circuit under Holstein v. Brill, 987 F.2d 1268 (7th Cir. 1993), and In re Chappell, 984 F.2d 775, 782 (7th Cir. 1993), does not bar creditors from...
Years after Douglas Kelley (TR), liquidating trustee for Petters Company, Inc.,, secured a default judgment against Capital Strategies Fund, Ltd. (CS), a recipient of funds from the “infamous”...
Judge(s):
Amy J. St. Eve; Michael B. Brennan; and Michael Y. Scudder
A creditor was bound by a confirmed reorganization plan, even if the creditor was never served, because: (i) the creditor filed a motion for relief from the automatic stay, thus appearing in the...
The U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the ruling of the district court deeming an arbitrator's binding award of half the increase in value of the retirement savings...
Judge(s):
David F. Hamilton; Diane S. Sykes; and Michael S. Kanne
The U.S. Court of Appeals for the Seventh Circuit (Circuit) affirmed the grant of summary judgment by the U.S. District Court for Southern District of Indiana (DC) to Southwest Credit Systems (SW),...
Judge(s):
Daniel A. Manion; Diane P. Wood; and Michael B. Brennan
Affirming the U.S. District and Bankruptcy Courts for the Northern District of Illinois (DC and BC), the U.S. Court of Appeals for the Seventh Circuit (Circuit) found: (1) it lacked jurisdiction to...
Judge(s):
Diane S. Sykes; Joel Flaum; and Michael B. Brennan
