First Premier Capital LLC v. Republic Bank of Chicago (In re Equipment Acquisition Resources Inc.), Case No. 11-3905 (7th Cir. Aug. 9, 2012)
Ruling:
Seventh Circuit Court of Appeals affirmed the District Court's ruling, which affirmed the Bankruptcy Court's ruling, that the granting of the settlement motion was not an abuse of discretion.
The Seventh Circuit that held that the defendant mortgage loan servicer neither breached its forbearance agreements with the borrower nor violated the Indiana Home Loan Practices Act by continuing...
Lender’s stated unwillingness to continue lending under a DIP loan agreement constituted a repudiation of the agreement and relieved the debtor of any obligation to pay additional fees and...