Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
7 years 8 months ago
Citation:
Nos. 147-1575 (N.D. Ill. Bankr. Case No. 12-49658) & 17-2004 (N.D. Ill. Bankr. Case No. 15-05384) (consolidated appeals) (7th Circuit, Jul 09,2018) Published
7th Circuit Court of Appeals affirmed the decision of both Bankruptcy Courts, holding that TDOR's interest, the right to pursue Bulk Sale purchasers personally for sellers' unpaid state taxes, was...
The Seventh Circuit Court of Appeals affirmed the district court’s decision, finding, among other things, that the district court: (i) did not violate the 6th Amendment’s Confrontation Clause...
Denial of Rule 60 relief proper when the "new evidence" was available via PACER at the time of trial. Court reiterated its statement in Kunilk v. Racine Cnty., 106 F.3d 168, 174 (7th Cir. 1997),...
Judge(s):
Wood, Chief Judge, and Kanne and Barrett, Circuit Judges
1. The Circuit Court had jurisdiction over the "direct appeal" because (i) the Bankruptcy Court certified that the order "involved" a question of law that warranted a direct appeal and the Circuit...
Under the Illinois law, each spouse is vested with independent contingent interests in marital property when the divorce petition is filed. When one spouse files bankruptcy, a trustee succeeds only...
The Seventh Circuit Court of Appeals affirmed the district court’s ruling, finding the district court did not commit any reversible errors regarding the six main issues on appeal.
Judge(s):
Manion and Kanne, Circuit Judges, and Miller, District Judge, sitting by designation
In an opinion decided by quorum due to Judge Posner's retirement, the Court found that the plain language of the subject lease permitted the City to retain structures and improvements on City...
The district court’s refusal to allow the defendant’s theory-of-defense jury instruction did not deny him a fair trial where the proposed instruction restated the court’s charge to the jury...
The Seventh Circuit affirmed the rulings below to hold $1.9 million paid by the debtor pre-petition unavoidable under Code § 547(c)(4). The Court found that the Bankruptcy Court reasonably used a...
Settlement of cause of action between plaintiff and defendant where defendant agrees to a judgment in the full amount of the claim and assigns its claim against its insurer (who has declined...
