Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
11 years 5 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...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
11 years 8 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...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
12 years 2 weeks 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...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
12 years 3 months ago
Citation:
No. 13-1518
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...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
12 years 8 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...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
12 years 10 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...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
13 years 3 weeks ago
Citation:
No. 12-1290
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...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
13 years 11 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...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
14 years 3 months 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).
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
14 years 8 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...
