Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
11 years 5 months ago
Citation:
KDC Foods, Inc. v. Gray, Plant, Mooty, Mooty & Bennett, P.A., No. 13-3678, --- WL --- (7th Cir. Aug. 15, 2014)
Ruling:
The Court held that the causes of action accrued when the debtor should have discovered the facts constituting the fraud and had sufficient information to make it aware of the need to investigate...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
11 years 10 months ago
Citation:
C.P. Hall Co. v. Columbia Cas. Co., No. 13-1306, 2014 WL 1628119 (7th Cir. Apr. 24, 2014).
Ruling:
The Court held that an excess liability insurer lacked standing to object to a settlement between a debtor and one of its primary insurance coverage providers. The Court followed its precedent to...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
13 years 8 months ago
Citation:
--- WL ---, No. 10-3607 (7th Cir. June 25, 2012)
Ruling:
Reversing the decisions of the District Court and Bankruptcy Court below, the Court ruled that the principals of the debtor entity were liable for breach of fiduciary duty not under Illinois law,...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
14 years 1 month ago
Citation:
In re Holly Marine Towing, Inc., ---- WL ----, No. 11-1787 (7th Cir. Jan. 6, 2012)
Ruling:
The Court ruled that, notwithstanding the appellant's standing as the holder of an allowed Chapter 11 administrative claim against the now-converted debtor to seek to have an order approving a...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
14 years 8 months ago
Citation:
River Road Hotel Partners, LLC v. Amalgamated Bank, ---F.3d ---, Nos.10-3597 & 10-3598 (7th Cir. June 28, 2011)
Ruling:
On the substantive issue, and creating a split with the Third Circuit and the Fifth Circuit, the Court held that Code section 1129(b)(2)(A) does not permit debtors to use the so-called "cram down"...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
14 years 11 months 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
14 years 11 months 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...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
15 years 5 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...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
15 years 5 months ago
Citation:
Paolian v. LaSalle Bank, N.A., --- F.3d ---, Nos. 09-2011, 09-2012, 09-2013 & 09-2026 (7th Cir. Aug. 27, 2010)
Ruling:
Reversing the decisions below and in a matter of first impression at the federal appellate level, the Court held that a trustee for a securitized investment pool is an "initial transferee" for the...
