7th Circuit | ABI Volo - Circuit Court opinion summaries

7th Circuit: Trentadue v. Gay (In re Trentadue)

KCARLSON@CARLSONDASH.COM — Wed, 14 Sep 2016 21:32:29 +0000

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Citation:

In re Trentadue, No. 15-CV-388 (7th Cir. Sept. 14, 2016) (unpublished).

Ruling:

In the bankruptcy context, attorney’s fees awarded relating to a child support case constitutes a priority, non-dischargeable domestic support obligation under 11 U.S.C. § 507(a)(1).

Judge(s):

Kanne, Ripple, and Williams.

7th Circuit: In the Matter of Ferguson

KCARLSON@CARLSONDASH.COM — Thu, 25 Aug 2016 21:43:15 +0000

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Citation:

In re Ferguson, No. 15-3093 (7th Cir. August 23, 2016) (unpublished)

Ruling:

In the bankruptcy context, an appeal lacks jurisdiction when a case is remanded deciding only an issue without resolving the underlying dispute, because such decision is not final.

Judge(s):

Shadid, Easterbrook, Rovner, and Hamilton.

7th Circuit: Owens v. LVNV Funding, LLC

DWAXMAN@WYATTFIRM.COM — Wed, 10 Aug 2016 20:48:35 +0000

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Citation:

Owens v. LNVN Funding, LLC, Case Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug. 10, 2016)

Ruling:

Majority: The filing of a proof of claim, by a debt collector, on a "stale debt" is not, in and of itself, a false, deceptive, or misleading practice prohibited by the Fair Debt Collection Practices Act. Dissent: ...

Judge(s):

Flaum & Bauer, with Wood dissenting.

7th Circuit: Kleen Products LLC, et al. v. International Paper Company, et al.

MHEDAYAT@MHA-LAW.COM — Thu, 04 Aug 2016 20:52:17 +0000

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Citation:

Nos. 15-2385 & 15-238

Ruling:

With respect to the central issue of class certification under FRCP 23(a) and (b)(3), the sole contested points relate only to the requirements of predominance and superiority. But since Defendants did not challenge Purchasers’ experts per Daubert and FRE 702, ...

Judge(s):

Wood, Bauer, Williams

7th Circuit: FTI Consulting, Inc. v. Merit Management Group, LP

SMULLIGAN@JACKSONKELLY.COM — Thu, 28 Jul 2016 21:43:23 +0000

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Citation:

FTI Consulting, Inc. v. Merit Mgmt. Group, LP), Case No. 15-3388 (7th Cir. July 28, 2016).

Ruling:

The safe harbor provision of 11 U.S.C. § 546(e) does not shield a transfer of funds through a financial institution acting only as a conduit between the debtor and the transferee, neither of which were of a type of entity ...

Judge(s):

Wood, Posner, Rovner (Wood)

7th Circuit: Wittman v. Koenig

KCARLSON@CARLSONDASH.COM — Wed, 27 Jul 2016 20:46:58 +0000

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Citation:

Wittman v. Koenig, No. 15-2798 (7th Cir. July 26, 2016) (unpublished opinion).

Ruling:

Annuities complying with §72 of the Internal Revenue Code satisfy Wis. Stat. §815.18(3)(j)’s compliance requirement, and thus may be claimed as bankruptcy exemptions if they meet additional conditions imposed by the statute.

Judge(s):

Posner, Williams, and Hamilton

7th Circuit: Zeddun v. Griswold (In re Wierzbicki)

SMULLIGAN@JACKSONKELLY.COM — Thu, 28 Jul 2016 21:46:18 +0000

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Citation:

Zeddun v. Griswold (In re Wierzbicki), Case No. 16-1334 (7th Cir. July 27, 2016).

Ruling:

Promising not to pursue essentially meritless litigation is not reasonably equivalent value when exchanged for an interest in a farm valued at $151,000.00 and the benefit of avoiding further family conflict is too nebulous to support a finding of reasonably ...

Judge(s):

Wood, Rovner, Hamilton (Per Curium)

7th Circuit: Arlington Capital, LLC v. Bainton McCarthy LLC, et al. (In re GT Automation Group, Inc.)

KCARLSON@CARLSONDASH.COM — Fri, 08 Jul 2016 21:01:41 +0000

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Citation:

In re GT Automation Group, Inc., No. 1:14-CV-98 (7th Cir. July 8, 2016) (unpublished).

Ruling:

In the bankruptcy context, an appellant lacks standing if it is unable to realize any economic benefit from a potential reversal.

Judge(s):

Posner, Williams, and Pallmeyer (District Judge of the Northern District of Illinois, sitting by designation.)

7th Circuit: Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).

KCARLSON@CARLSONDASH.COM — Thu, 23 Jun 2016 20:42:20 +0000

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Citation:

Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).

Ruling:

A bankruptcy court has discretion to modify a Chapter 13 plan based on an increase in the Debtors’ post-confirmation income.

Judge(s):

Bauer, Williams, and Adelman (District Judge of the Eastern District of Wisconsin, sitting by designation)

7th Circuit: UTC of Sparrer Sausage Co., Inc. v. Jason's Foods, Inc.

DWAXMAN@WYATTFIRM.COM — Mon, 13 Jun 2016 21:34:19 +0000

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Citation:

UTC of Sparrer Sausage Co., Inc. v. Jason's Foods, Inc., Case No. 15-2356 (7th Cir. Jun. 10, 2016)

Ruling:

The Bankruptcy Court and District Court applied too narrow of a baseline range in determining whether preference-period payments made by a debtor were subject to the subjective ordinary course of business defense, 11 U.S.C. 547(c)(2)(A). In making this ruling, ...

Judge(s):

Flaum, Williams, and Sykes

7th Circuit: In re Sobczak-Slomczewski

DWAXMAN@WYATTFIRM.COM — Mon, 13 Jun 2016 21:30:45 +0000

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Citation:

In re Sobczak-Slomczewski, Case No. 15-1162 (7th Cir. Jun. 13, 2016)

Ruling:

Federal Rule of Bankruptcy Procedure 8002(a)(1), which requires that a notice of appeal shall be filed within 14 days of a bankruptcy court's order, is a mandatory jurisdictional rule.

Judge(s):

Ripple, Rovner, and Williams

7th Circuit: Liebzeit v. Intercity State Bank, et al. (In re Blanchard)

DWAXMAN@WYATTFIRM.COM — Fri, 15 Apr 2016 20:58:06 +0000

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Citation:

Liebzeit v. Intercity State Bank, et al. (In re Blanchard), Case No. 15-1970 (7th Cir. App. Apr. 14, 2016)

Ruling:

1. Under Wisconsin law, a mortgage can properly attach a lien to a vendor's interest in a land contract. 2. The lender perfected it's lien on the vendor's interest by recording a mortgage in the land records, rather than ...

Judge(s):

Hamilton, Posner, Ripple

7th Circuit: In re Jepson

KCARLSON@CARLSONDASH.COM — Fri, 15 Apr 2016 21:02:13 +0000

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Citation:

In re Jepson, No. 14-2459 (7th Cir. April 15, 2016) (unpublished).

Ruling:

A motion to stay this court’s mandate pending final disposition of the litigation in the Supreme Court was denied because the movant intended to raise an issue of constitutional standing in her petition for certiorari, where prudential standing formed the ...

Judge(s):

Ripple

7th Circuit: Siragusa, et al. v. Collazo (In re Collazo)

MHEDAYAT@MHA-LAW.COM — Wed, 06 Apr 2016 20:35:05 +0000

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Citation:

14 C 5008

Ruling:

The 7th Circuit examined the factual underpinning of the case, including the fact that the Plaintiffs had been satisfied with Collazo's evasive responses to inquiries about their investments, had taken his small partial payments, and had invested further with him ...

Judge(s):

POSNER, EASTERBROOK and KANNE

7th Circuit: Estate of Stanley Cora v. Jahrling (In re Jahrling)

DWAXMAN@WYATTFIRM.COM — Tue, 22 Mar 2016 19:48:32 +0000

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Citation:

Estate of Stanley Cora v. Jahrling (In re Jahrling), Case No. 15-2252 (7th Cir. Mar. 18, 2016)

Ruling:

Legal malpractice judgment entered against the debtor was not dischargeable because the judgment was for a "defalcation while acting in a fiduciary capacity." The Court held that although legal malpractice judgments and/or judgments resulting from an attorney's violation of ...

Judge(s):

Kanne, Rovner, and Hamilton