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In re Kempff (Appeal of Farley)

Citation:
15-3200 (7th Circuit, Jan 30,2017) Published
Case Status:
Affirmed
Ruling:
To prevail on a fraudulent transfer claim under § 727(a)(2), the plaintiff must demonstrate by a preponderance of the evidence that the defendant actually intended to hinder, delay, or defraud a...
Judge(s):
Wood, Sykes, Hamilton (Sykes)
Tag(s):

McGarry & McGarry, LLC v. Rabobank, N.A.

Citation:
16 C 5978 (7th Circuit, Jan 26,2017) Not Published
Case Status:
Affirmed
Ruling:
Contracts between the trustee, his administrative servicer, and his bank, did not violate section 1972(1)(E) of the Bank Holding Company Act because the plaintiff could not show that the contracts...
Judge(s):
Posner, Manion, Williams
Tag(s):

Perron v. J.P. Morgan Chase Bank, N.A.

Citation:
No. 1:12-cv-01853 (7th Circuit, Jan 11,2017) Published
Case Status:
Affirmed
Ruling:
The Seventh Circuit affirmed the District Court’s grant of summary judgment to a mortgage lender, finding that the lender’s responses to informational requests substantially complied with RESPA...
Judge(s):
Sykes, Easterbrook, Williams
Tag(s):

Smith v. Capital One Bank (USA), N.A.

Citation:
16-1422 & 16-1423 (7th Circuit, Dec 22,2016) Published
Case Status:
Affirmed
Ruling:

The co-debtor stay shields a non-debtor only if the debtor is liable on a consumer debt along with the non-debtor and a consumer debt does not include a debt for which the debtor is not...

Judge(s):
Flaum, Kane, Magnus-Stinson (Flaum)
Tag(s):

Loventhal v. Edelson

Citation:
16-1290 (7th Circuit, Dec 21,2016) Published
Case Status:
Affirmed
Ruling:

Tenancy by the entirety property transferred to a trust is exempt, pursuant to 522(b)(3)(B), because, applicable state law, the Illinois Joint Tenancy Act, provides that such property is...

Judge(s):
Posner, Kanne, Sykes
Tag(s):

Aventine Renewable Energy, Inc. v. Glacial Lakes Energy, LLC

Citation:
Nos. 16-1690, -1692 (7th Circuit, Dec 14,2016) Not Published
Case Status:
Reversed and Remanded
Ruling:

In a pithy opinion by Judge Posner, the Court found that applicable New York law prohibits a party from obtaining the benefits  of a contract while failing to shoulder the burdens of that...

Judge(s):
Wood, Posner, Rovner
Tag(s):

Trentadue v. Gay (In re Trentadue)

Citation:
In re Trentadue, No. 15-CV-388 (7th Cir. Sept. 14, 2016) (unpublished).
Ruling:
In the bankruptcy context, attorney’s fees awarded relating to a child support case constitutes a priority, non-dischargeable domestic support obligation under 11 U.S.C. § 507(a)(1).
Judge(s):
Kanne, Ripple, and Williams.
Tag(s):

In the Matter of Ferguson

Citation:
In re Ferguson, No. 15-3093 (7th Cir. August 23, 2016) (unpublished)
Ruling:
In the bankruptcy context, an appeal lacks jurisdiction when a case is remanded deciding only an issue without resolving the underlying dispute, because such decision is not final.
Judge(s):
Shadid, Easterbrook, Rovner, and Hamilton.
Tag(s):

Owens v. LVNV Funding, LLC

Citation:
Owens v. LNVN Funding, LLC, Case Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug. 10, 2016)
Ruling:
Majority: The filing of a proof of claim, by a debt collector, on a "stale debt" is not, in and of itself, a false, deceptive, or misleading practice prohibited by the Fair Debt Collection...
Judge(s):
Flaum & Bauer, with Wood dissenting.
Tag(s):

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