Trentadue v. Gay (In re Trentadue)

• Summarized by Kurt Carlson , Carlson Dash LLC
• 8 years 3 months ago

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In re Trentadue, No. 15-CV-388 (7th Cir. Sept. 14, 2016) (unpublished).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):

• 7th Circuit
• Family/Divorce Issues
• Bankruptcy Litigation
• § 101
• § 507

In the Matter of Ferguson

• Summarized by Kurt Carlson , Carlson Dash LLC
• 8 years 4 months ago

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In re Ferguson, No. 15-3093 (7th Cir. August 23, 2016) (unpublished)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):

• 7th Circuit
• Business Reorganization
• Venue/Jurisdiction
• 28 USC 157
• 28 USC 158
• 11 U.S.C § 522
• 11 U.S.C § 523
• § 507

Owens v. LVNV Funding, LLC

• Summarized by Daniel Waxman , KEWA Financial Inc.
• 8 years 5 months ago

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):

• 7th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Predatory Lending
• Finance and Banking
• Rule 3001
• § 101

Kleen Products LLC, et al. v. International Paper Company, et al.

• Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
• 8 years 5 months ago

Citation:

Nos. 15-2385 & 15-238

Ruling:

With respect to the central issue of class certification under FRCP 23(a) and (b)(3), the sole contested points relate only to the requirements of predominance and superiority. But since Defendants...

Judge(s):

Wood, Bauer, Williams

Tag(s):

• 7th Circuit
• Commercial Fraud
• Certification

Zeddun v. Griswold (In re Wierzbicki)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 8 years 5 months ago

Citation:

Zeddun v. Griswold (In re Wierzbicki), Case No. 16-1334 (7th Cir. July 27, 2016).

Ruling:

Promising not to pursue essentially meritless litigation is not reasonably equivalent value when exchanged for an interest in a farm valued at $151,000.00 and the benefit of avoiding further family...

Judge(s):

Wood, Rovner, Hamilton (Per Curium)

Tag(s):

• 7th Circuit
• Family/Divorce Issues
• Fraudulent Transfers
• 11 U.S.C § 548

FTI Consulting, Inc. v. Merit Management Group, LP

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 8 years 5 months ago

Citation:

FTI Consulting, Inc. v. Merit Mgmt. Group, LP), Case No. 15-3388 (7th Cir. July 28, 2016).

Ruling:

The safe harbor provision of 11 U.S.C. § 546(e) does not shield a transfer of funds through a financial institution acting only as a conduit between the debtor and the transferee, neither of which...

Judge(s):

Wood, Posner, Rovner (Wood)

Tag(s):

• 7th Circuit
• Fraudulent Transfers
• 11 U.S.C § 550
• § 544
• § 546
• § 548

Wittman v. Koenig

• Summarized by Kurt Carlson , Carlson Dash LLC
• 8 years 5 months ago

Citation:

Wittman v. Koenig, No. 15-2798 (7th Cir. July 26, 2016) (unpublished opinion).

Ruling:

Annuities complying with §72 of the Internal Revenue Code satisfy Wis. Stat. §815.18(3)(j)’s compliance requirement, and thus may be claimed as bankruptcy exemptions if they meet additional...

Judge(s):

Posner, Williams, and Hamilton

Tag(s):

• 7th Circuit
• Bankruptcy Taxation
• Claims
• Practice and Procedure

Arlington Capital, LLC v. Bainton McCarthy LLC, et al. (In re GT Automation Group, Inc.)

• Summarized by Kurt Carlson , Carlson Dash LLC
• 8 years 6 months ago

Citation:

In re GT Automation Group, Inc., No. 1:14-CV-98 (7th Cir. July 8, 2016) (unpublished).

Ruling:

In the bankruptcy context, an appellant lacks standing if it is unable to realize any economic benefit from a potential reversal.

Judge(s):

Posner, Williams, and Pallmeyer (District Judge of the Northern District of Illinois, sitting by designation.)

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure
• Professional Compensation/Fees
• § 363
• § 330

Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).

• Summarized by Kurt Carlson , Carlson Dash LLC
• 8 years 6 months ago

Citation:

Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).

Ruling:

A bankruptcy court has discretion to modify a Chapter 13 plan based on an increase in the Debtors’ post-confirmation income.

Judge(s):

Bauer, Williams, and Adelman (District Judge of the Eastern District of Wisconsin, sitting by designation)

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Legislation
• § 1325
• § 1307
• § 1329

UTC of Sparrer Sausage Co., Inc. v. Jason's Foods, Inc.

• Summarized by Daniel Waxman , KEWA Financial Inc.
• 8 years 7 months ago

Citation:

UTC of Sparrer Sausage Co., Inc. v. Jason's Foods, Inc., Case No. 15-2356 (7th Cir. Jun. 10, 2016)

Ruling:

The Bankruptcy Court and District Court applied too narrow of a baseline range in determining whether preference-period payments made by a debtor were subject to the subjective ordinary course of...

Judge(s):

Flaum, Williams, and Sykes

Tag(s):

• 7th Circuit
• Preferences

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