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Summaries by Kurt Carlson
- Summarized by Kurt Carlson , Carlson Dash LLC
- 7 years 2 months ago
- Citation:
- Brown v. UAL Corporation, et al., Court of Appeals, 7th Circuit 2015 (unpublished)
- Ruling:
- A bankruptcy court does not abuse its discretion in refusing to reopen a Chapter 11 case when an unsecured creditor moves to reopen the case in order to pursue state-law claims but has otherwise...
- Judge(s):
- Bauer, Posner, Hamilton
- Tag(s):
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- Summarized by Kurt Carlson , Carlson Dash LLC
- 7 years 6 months ago
- Citation:
- Avila v. CitiMortgage, Incorporated, Court of Appeals, 7th Circuit 2015 (unpublished)
- Ruling:
- (1) A provision in a mortgage contract that places the proceeds from a homeowner’s insurance claim with the lender during repair and restoration does not create a fiduciary relationship between...
- Judge(s):
- Sykes
- Tag(s):
-
- Summarized by Kurt Carlson , Carlson Dash LLC
- 7 years 8 months ago
- Citation:
- Official Committee of Unsecured Creditors of Bulk Petroleum Corp., et al., Bank of Sun Prairie v. Kentucky Department of Revenue, Court of Appeals, 7th Circuit (July 31, 2015)
- Ruling:
- Kentucky’s excise tax on commercial sale of motor fuel is to be paid by the receiving party, no matter who is doing the collection of the tax. Actual receipt of the fuel occurs at the moment the...
- Judge(s):
- Wood, Easterbrook, Hamilton
- Tag(s):
-
- Summarized by Kurt Carlson , Carlson Dash LLC
- 7 years 8 months ago
- Citation:
- Corrie Opportunities Fund, LP v. Emmis Communications Corp., Court of Appeals, 7th Circuit (July 2, 2015)
- Ruling:
- This ruling set a precedent, as there have been no cases in Indiana courts that interpret the statutes discussed in this case. As long as a share is “outstanding,” it has a vote and in...
- Judge(s):
- Flaum, Easterbrook, Kanne
- Tag(s):
-
- Summarized by Kurt Carlson , Carlson Dash LLC
- 7 years 10 months ago
- Citation:
- 1756 W. Lake Street LLC v. American Chartered Bank and Scherston Real Estate Investments, LLC, Court of Appeals, 7th Circuit (May 15, 2015)
- Ruling:
- Value derived from several forbearance agreements and related concessions from a creditor satisfies the reasonable equivalence test in the face of an avoidance action brought by the debtor where...
- Judge(s):
- Posner, Sykes, Simon
- Tag(s):
-
- Summarized by Kurt Carlson , Carlson Dash LLC
- 8 years 2 weeks ago
- Citation:
- BB Syndication Services Inc. v. First American Title Insurance Company, Court of Appeals, 7th Circuit 2015 (unpublished)
- Ruling:
- The Seventh Circuit held that when a lender cuts off loan funding by reason of a construction project’s overspending, the lender is, in fact, “creating” or “suffering” a mechanic’s lien...
- Judge(s):
- Wood, Flaum, Sykes
- Tag(s):
-
- Summarized by Kurt Carlson , Carlson Dash LLC
- 8 years 3 weeks ago
- Citation:
- Listecki v. Official Committee of Unsecured Creditors, Court of Appeals, 7th Circuit 2015 (unpublished)
- Ruling:
- The Religious Freedom Restoration Act (“RFRA”) does not apply to cases where the “government,” as defined in RFRA, is not a party. Also, even where the Free Exercise Clause of the First...
- Judge(s):
- Flaum, Williams
- Tag(s):
-
- Summarized by Kurt Carlson , Carlson Dash LLC
- 8 years 4 months ago
- Citation:
- In Re: David L. Duckworth, State Bank of Toulon v. Charles E. Covey, Ch. 7 Trustee for David L. Duckworth, Case Nos. 14-1561 and 14-1650 (7th Cir. Nov. 21, 2014) (unpublished)
- Ruling:
- Parol evidence cannot be used against a bankruptcy trustee to reform a security agreement or to correct the mistaken identification of the debt to be secured. The lender cannot obtain reformation...
- Judge(s):
- Flaum, Rovner, Hamilton
- Tag(s):
-
- Summarized by Kurt Carlson , Carlson Dash LLC
- 8 years 5 months ago
- Citation:
- Greene v. U.S. Dep't of Education, Case No. 13-3257 (7th Cir. Oct. 27, 2014) (unpublished)
- Ruling:
- The reasons for making some counterclaims compulsory are to prevent harassment by the filing of repeated claims and to avoid duplicative litigation. Stating that any counterclaim that ultimately...
- Judge(s):
- Posner, Flaum, Sykes
- Tag(s):
-
- Summarized by Kurt Carlson , Carlson Dash LLC
- 8 years 9 months ago
- Citation:
- 13-3059, 2014 WL 2855000 (7th Cir. 2014)
- Ruling:
- Trial court ruled that Spaine, with intent, concealed from the bankruptcy court her claims against Community Contacts, and by so doing she should be judicially estopped from asserting her claim. ...
- Judge(s):
- Virginia M. Kendall
- Tag(s):
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