- 11 U.S.C.
Cherry, In re
Jul
06
2020
Ruling
Confirmation of Chapter 13 plan that held property in the estate reversed. (7th Cir.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Compliance with Title 11.
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Court
:
( Judge Easterbrook ) [ Court of Appeal ]
- 11 U.S.C.
In re New Energy Corp.
Jan
15
2014
Ruling
Non-creditor that did not bid lacked standing to contest sale of debtor's assets.
Issue(s)
Could sale of debtor's assets be set aside on objection of noncreditor that was not a bidder.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Heffron-Clark
Apr
23
2013
Ruling
Inherited IRA was not "retirement funds" and was not exempt.
Procedural posture
In the bankruptcy proceeding initiated by bankruptcy debtor and her husband, a bankruptcy judge held that an inherited IRA did not represent retirement funds in the hands of the debtor and so was not exempt under 11 U.S.C.S. § 522(b)(3)(C) and (d)(12). A district judge of the United States District Court for the Western District of Wisconsin reversed. The bankruptcy trustee appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Krieger v. Educational Credit Mgmt. Corp. (In re Krieger)
Apr
10
2013
Ruling
District court erred in reversing discharge of student loan debt.
Procedural posture
Plaintiff debtor's entitlement to a discharge in bankruptcy was unquestioned. Defendant creditor asked the bankruptcy judge to exempt the debtor's student loans from the discharge, relying on 11 U.S.C.S. § 523(a)(8). The bankruptcy court granted the discharge. The United States District Court for the Central District of Illinois reversed and held that the educational debt could not have been discharged. The debtor appealed.
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re Canopy Fin. Inc.
Feb
28
2013
Ruling
Transferee could not vacate default in avoidance proceeding where it did not supply necessary precedent to district court.
Procedural posture
In a claw-back action by a receiver on behalf of plaintiff debtor, a default judgment was entered against defendant casino for plaintiff's monies spent by two of its officers, who were later convicted of fraud. When plaintiff executed on the judgment, defendant moved under Fed. R. Bankr. P. 9024 to vacate the default. A bankruptcy judge denied the motion. The U.S. District Court for the Northern District of Illinois affirmed. Defendant appealed.
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Court
:
Judge or Jurisdiction information not available
Sunbeam Prods. v. Chicago Am. Mfg. LLC
Jul
09
2012
Ruling
Rejection of seasonal license did not abrogate licencee's contractual rights.
Procedural posture
A trustee for debtor trademark licensor sold the debtor's business to a buyer and rejected a seasonal license with defendant licensee under 11 U.S.C.S. § 365(a). Buyer sued the licensee for continuing to make and sell debtor-branded goods. The U.S. Bankruptcy Court for the Northern District of Illinois, Eastern Division, allowed the licensee to continue to make and sell the goods for the season. The buyer appealed.
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Court
:
Judge or Jurisdiction information not available
Peterson v. McGladrey & Pullen LLP
Apr
03
2012
Ruling
Dismissal of trustee's proceeding on behalf of debtor mutual funds against auditor for failure to discover Ponzi scheme vacated.
Procedural posture
Appellant, a trustee of a group of mutual funds that entered bankruptcy, appealed the judgment of the district court for the northern district of Illinois that dismissed an action against appellees, the funds' auditor and some affiliated entities, that contended the auditor was negligent in failing to discover that the funds invested in businesses that were involved in a Ponzi scheme.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
United States v. Buchman
May
16
2011
Ruling
District court properly refused to set aside foreclosure sale of debtor's property.
Procedural posture
Plaintiff United States filed suit against defendant debtor in the United States District Court for the Eastern District of Wisconsin to foreclose mortgages. A default judgment was entered, and a sale was held. The debtor moved to set the sale aside. The district court denied the motion, confirmed the sale, and entered a deficiency judgment. The debtor appealed.
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Court
:
Judge or Jurisdiction information not available
Paloioan v. Lasalle Bank
Aug
27
2010
Ruling
Denial of recovery of alleged fraudulent transfer vacated and remanded for redetermination of debtor's insolvency.
Procedural posture
The District Court for the Northern District of Illinois, Eastern Division, affirmed a bankruptcy court's finding that a debtor hospital was insolvent by 1997 but that plaintiff bankruptcy trustee could not recover, as fraudulent conveyances, payments made to defendant investment pool trustee (IPT) because the IPT was paid by the debtor's accounts receivable factor. Both sides appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
United Air Lines Inc. v. Regl Airports Improvement Corp.
May
06
2009
Ruling
Order for implementation of confirmed plan reversed due to improper valuation of collateral.
Procedural posture
Appellant lenders challenged a judgment of the United States District Court for the Northern District of Illinois, affirming the bankruptcy court's implementation of the confirmed plan of reorganization of appellee debtor, an airline.
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Court
:
Judge or Jurisdiction information not available