Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
11 years 3 months ago
Citation:
No. 13-2676
Ruling:
Rule 38 of the Federal Appellate Procedure- When a litigant or attorney presents appellate arguments with no reasonable expectation of success for the purpose of delay, harassment or sheer...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
11 years 7 months ago
Citation:
Richardson v. Koch Law Firm, P.C No. 12-3868
Ruling:
Court of Appeals Holding:
Since the State Court vacated the initial default judgment, justification for the District Court’s dismissal under Rooker-Feldman no longer exists. Additionally,...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
12 years 3 months ago
Citation:
Appeal from US Dist. Ct. ND IL ED, Case No. 11 C 05045
Ruling:
The 7th Circuit was asked to decide whether a Chapter 11 Debtor in Possession could bring an action to recoup its Federal tax payments pursuant to § 544(b)(1). The Court decided it could not, for...
Judge(s):
Before BAUER and FLAUM, Circuit Judges, and VAN BOKKELEN, District Judge
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
12 years 5 months ago
Citation:
12-3133
Ruling:
The 7th Circuit Court of Appeals refused to interpret ambiguous language in a District Court Opinion as an injunction. On that basis, and since issuing an opinion would require weighing in on many...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
12 years 8 months ago
Citation:
10‐3787, 10‐3990 & 11‐1123
Ruling:
The 7th Circuit affirmed the District Court's denial of the illegal contract claim that had been filed by the Trustee but reversed the lower court's denial of fraudulent transfer and equitable...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
12 years 10 months ago
Citation:
No. 12-2976
Ruling:
The Wisconsin Bankruptcy Court and District Court erred by applying BR 7015 instead of BR 7054, which is based on FRCP 54(a)-(c). That rule of civil procedure directs that a Federal Trial Court...
Judge(s):
MANION and WOOD, Circuit Judges. BARKER, District Judge.
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
13 years 1 month ago
Citation:
Fogel v. Shabat, 12 A 00799 (Apr. 8, 2013)(Posner)
Ruling:
The Bankruptcy Court erred in ruling than appointment of an Interim Trustee under 11 USC 701 extends the statute of limitations for avoidance actions under 702 and 546(a).
