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Summaries by Madison Conquest

Illinois Department of Revenue v. Hanmi Bank

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
Case Status:
Affirmed
Ruling:
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...
Judge(s):
BUAER, FLAUM, and ROVNER
Tag(s):

Clientron Corp. v. Devon IT, Inc.

Citation:
No. 16-3432 (3rd Circuit, Jul 05,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The Court of Appeals vacated the District Court's sanction order, and remanded to impose a new sanction. Under Pennsylvania law, tenants by the entirety legally are treated as one person, and...
Judge(s):
Geenaway, Jr., Krause, Circuit Judges, and Jones, District Judge sitting by designation.
Tag(s):

Giese v. Lexington Coal Company (In re HNRC Dissolution Co.)

Citation:
16-8013 (6th Circuit, Jun 01,2018) Published
Case Status:
Affirmed
Ruling:
On de novo review, the BAP affirmed the Bankruptcy Court's decision to hear, and to dismiss, all seven (7) counts of the State Action. The BAP agreed that a "proceeding" under 28 U.S.C. 1334(c)...
Judge(s):
Harrison, Opperman, and Preston
Tag(s):

Gleason v. Jansen

Citation:
No. 17-1658 (7th Circuit, Apr 25,2018) Published
Case Status:
Affirmed
Ruling:
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
Tag(s):

New Products Corp. v. Wright (In re Modern Plastics Corp.)

Citation:
No. 17-2256 (6th Circuit, Apr 26,2018) Not Published
Case Status:
Affirmed
Ruling:
The Circuit Court held that awards were justified pursuant to Rules 45(d)(1) as sanctions, and pursuant to Rule 45(d)(2) cost-shifting. The subpoenas imposed an undue burden and expense that...
Judge(s):
GUY, SUTTON, and COOK, Circuit Judges.
Tag(s):

Fred Martin Motor Co. v. Spitzer Autoworld Akron, LLC

Citation:
Fred Martin Motor Co. v. Spitzer Autoworld Akron, LLC, Case No. 17-1161 (6th Circuit, Apr 04,2018) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirmed the District Court's decision, holding that collateral estoppel precludes Spitzer from challenging the original no-preclusion decision that it had intentionally failed...
Judge(s):
NORRIS, ROGERS, and BUSH (opinion of Court by ROGERS)
Tag(s):

Gonzalez v. Owens Corning

Citation:
No. 16-2653 (3rd Circuit, Mar 19,2018) Published
Case Status:
Affirmed
Ruling:
The Frenville standard requires a court to look to the underlying state limitations law to determine when a claim arises. Where the proffered "common issue" depends upon the (different) limitations...
Judge(s):
CHAGARES, JORDAN, and HARDIMAN
Tag(s):

J & V DEVELOPERS, INC. v. DEBORAH R. MALLOY (In re Malloy), No. 17-1015 (3d Cir. Dec. 26, 2017) (unpublished).

Citation:
In re Malloy, No. 17-1015 (3d Cir. Dec. 26, 2017) (unpublished). (3rd Circuit, Dec 26,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
3rd Circuit Court of Appeals vacated the District Court’s summary dismissal of Debtor’s pro se appeal, and remanded the case back to the District Court for it to articulate and explain the...
Judge(s):
Greenaway, Jr., Vanaskie, Roth
Tag(s):

Skavysh v. Katsman (In re Katsman)

Citation:
Skavysh v. Katsman (In re Katsman), No. 13-C-1881 (7th Cir. Sept. 23, 2014)
Ruling:
The Court of Appeals affirmed the District Court's holding, affirming that a Chapter 7 Debtor is not intitled to a discharge under Section 727(a)(4)(A), even in a "No-Asset" case, when she...
Judge(s):
Posner, Rovner and Williams, Circuit Judges.
Tag(s):

Bank of America, N.A. v. James A. Knight, et al.

Citation:
Bank of America, N.A. v. James A. Knight, et al., Case No. 12-2698 (7th Cir. August 8, 2013)
Ruling:
Affirmed dismissal of all claims for failure to allege plausibly that the accountants knew that Knight’s “primary intent” was to benefit the particular plaintiff Bank. Under federal and state...
Judge(s):
EASTERBROOK, Chief Judge, and BAUER and KANNE, Circuit Judges
Tag(s):

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