CDX Liquidating Trust v. Venrock Associates, No.10-1953 (7th Cir. March 29, 2011)
Ruling:
Reversed and Remanded with Directions. The Seventh Circuit held, among other items, that disclosure of a conflict of a director’s interest may “insulate [a transaction or] agreement from...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
15 years 2 weeks ago
Citation:
Stamat v. Neary, No. 09-3448 (7th Cir. Mar. 24, 2011)
Ruling:
The Court ruled that the debtors' failure to include numerous items of required information in their Statement of Financial Affairs warranted denial of their discharge under Bankruptcy Code section...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
15 years 3 weeks ago
Citation:
Reeves v. Davis (In re Davis), No. 10-2757 (7th Cir. Mar. 14, 2011)
Ruling:
The Court ruled that a pre-petition decision in state court that the debtor had committed a "deceptive act" under a state statute did not have a collateral estoppel effect in the creditor's...
Lender’s stated unwillingness to continue lending under a DIP loan agreement constituted a repudiation of the agreement and relieved the debtor of any obligation to pay additional fees and...
Summarized by Paul Lucey , Leverson Lucey & Metz, S.C.
15 years 1 month ago
Citation:
___ F.3d ___ (7th Cir. 2011)
Ruling:
Although the purchaser of a prepetition claim arising under an executory contract would have been entitled under the language of its assignment agreement to a cure payment had the contract been...
The Seventh Circuit Court of Appeals affirmed the denial of debtor's discharge of his educational loans, holding that the determining factor of whether educational loans are educational or not is...
The issue before the Court of Appeals was whether the debtor, Jay Berman, had acted as a fiduciary to its creditor, Follett Higher Education Group, Inc., for purposes of 11 U.S.C. § 523(a)(4). ...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
15 years 5 months ago
Citation:
(7th Circuit, Dec 31,1969)
Ruling:
In Redmond, the Seventh Circuit affirmed the denial of a motion to reopen that was filed by the Debtor four years after his chapter 13 case was closed, and three weeks before the trial date set for...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
15 years 6 months ago
Citation:
In re Resource Tech. Corp., --- F.3d ---, Nos. 08-4118 & 08-45310 (7th Cir. Oct. 1, 2010)
Ruling:
The Court affirmed the rulings below that the proper standard to use to evaluate adequate assurance of further performance under an executory contract was whether a preponderance of the evidence...
