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Summaries by John Eggum
- Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
- 10 years 2 months ago
- Citation:
- Nos. 13-2226, 13-2288, 13-2300
- Ruling:
- As an issue of first impression, the Second Circuit held that the equitable mootness analysis set out in Chateaugay II applies to Chapter 11 liquidations. As with a reorganization, substantial...
- Judge(s):
- Kearse, Straub, and Carney
- Tag(s):
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- Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
- 10 years 6 months ago
- Citation:
- Case No. 13-2756 (July 2, 2014)
- Ruling:
- Successful slander of title suit under Illinois state law satisfied the nondischargeability requirements of 523(a)(2) and 523(a)(6), such that Debtor was collaterally estopped from asserting as a...
- Judge(s):
- Wood, Williams, and Hamilton
- Tag(s):
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- Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
- 10 years 10 months ago
- Citation:
- No. 13‐1377 (7th Cir., Mar. 12, 2014)
- Ruling:
- In case involving $900,000 in allegedly preferential payments relating to cattle sales, the Seventh Circuit found that a bailment existed with regard to the Debtor's possession of the transferee's...
- Judge(s):
- Wood, Chief Judge, and Bauer and Kanne
- Tag(s):
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- Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
- 11 years 2 weeks ago
- Ruling:
- In a case applying Illinois law, the Seventh Circuit determined that Section 544(a)(3) strong-arm powers do not enable a Trustee to avoid a recorded mortgage merely because the mortgage does not...
- Judge(s):
- Cudahy, Ripple, and Hamilton
- Tag(s):
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- Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
- 11 years 6 months ago
- Citation:
- (7th Cir., No. 12-3492)
- Ruling:
- Chapter 7 debtor cannot strip-off a wholly-unsecured mortgage. The Seventh Circuit distinguished the ability to strip-off wholly-unsecured mortgages in Chapter 13 because "[t]he strip-off right in...
- Judge(s):
- Posner, Manion, and Rovner
- Tag(s):
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- Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
- 11 years 7 months ago
- Citation:
- Nos. 12-3200/3201 (3d Cir., May 21, 2013)
- Ruling:
- Debtor lacked standing to challenge non-debtor parent/shareholder's revocation of election of S Corp status. Rejecting cases from other circuits, the Third Circuit found that S Corp status is not...
- Judge(s):
- Ambro, Jordan, and Vanaskie
- Tag(s):
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- Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
- 11 years 10 months ago
- Ruling:
- Transfer of a cause of action to a Litigation Trust - in accordance with the terms of an Asset Purchase Agreement - can be insulated from attack on appeal pursuant to Section 363(m). That section...
- Judge(s):
- McKee, Sloviter, and Vanaskie
- Tag(s):
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- Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
- 12 years 8 months ago
- Citation:
- No. 11-1256; 2012 WL 1324245
- Ruling:
- Willful and malicious injury determination and finding of nondischargeability affirmed in case involving a brutal attack on the Debtor’s ex-wife (an attack which resulted in a life sentence for...
- Judge(s):
- Easterbrook, Posner, and Sykes.
- Tag(s):
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- Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
- 13 years 3 weeks ago
- Citation:
- Case No. 11-2085 (7th Cir., Dec. 22, 2011)
- Ruling:
- In River West, the Seventh Circuit declined to consider the merits of an appeal pertaining to a 363 sale for two reasons. First, the appellant, Schwab, failed to obtain a stay, and therefore...
- Judge(s):
- Bauer, Tinder, and Magus-Stinson (sitting by designation).
- Tag(s):
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- Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
- 13 years 5 months ago
- Citation:
- Nos. 10-3017, 10-3018 (7th Cir. July 21, 2011)
- Ruling:
- In Townsquare, Judge Posner, writing for the Seventh Circuit, discussed the intricacies of when the remand of a matter that has been removed from state court is unappealable. Synthesizing the...
- Tag(s):
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