Tag Archives: jurisdiction

Judge Posner on Bankruptcy’s "Clean-Up" Jurisdiction

Most bankruptcy lawyers might think that the dismissal of a bankruptcy proceeding and the revesting of the bankruptcy estate’s assets in the debtor bring an end to the bankruptcy court’s jurisdiction. Not (necessarily) so, according to the Seventh Circuit in In re Sweports, Ltd., No. 14-2423 (7th Cir. Jan. 9, 2015), a decision written by Judge Posner … Continue reading this entry

A Reminder from the Seventh Circuit To Proofread the Form of the Judgment

The Seventh Circuit’s docket appears to be rife with cases involving little errors that turn out to have not-so-little effects. Last month we wrote about the perils of typos in security agreements; this month the Seventh Circuit issued an opinion that serves as a good reminder that parties must look carefully at the form of the … Continue reading this entry

The Seventh Circuit Interprets Wisconsin Exemption Law on College Savings Accounts and Retirement Annuities, but Did It Have Jurisdiction? (Part 2 of 2)

As we explained in a post yesterday, the Seventh Circuit in In re Bronk (Cirilli v. Bronk), No. 13-1123 (7th Cir. Jan. 5, 2015), made some new law on Wisconsin’s college savings account (Edvest) and annuity exemptions for debtors. But in deciding that it had jurisdiction to decide the annuity issue on the merits, despite … Continue reading this entry

The Seventh Circuit Interprets Wisconsin Exemption Law on College Savings Accounts and Retirement Annuities, but Did It Have Jurisdiction? (Part 1 of 2)

In re Bronk (Cirilli v. Bronk), No. 13-1123 (7th Cir. Jan. 5, 2015), resolved a couple of “questions of first impression,” slip op. at 1, under Wisconsin’s exemption statute in a case where a bankruptcy trustee sought to upset a debtor’s pre-filing “exemption planning.” The debtor shifted the equity in his previously unmortgaged home into Edvest college savings accounts for his grandchildren and $42,000 from a certificate of deposit into an … Continue reading this entry

Got (Raw) Milk? How About Jurisdiction? Something's Sour in the Raw-Milk Case

Yesterday, the Wisconsin Court of Appeals released its opinion in Farm-To-Consumer v. Wis. DATCP, 11AP2264, a closely watched case involving Wisconsin’s regulation of raw-milk production. A couple of local farmers had sought a declaratory judgment, invalidating a Wisconsin law criminalizing the distribution and sale of raw milk. The court of appeals’ decision was a long time … Continue reading this entry

A Jurisdictional Twist: 7th Cir. Holds That District Court Had Supplemental Jurisdiction Over Federal Claim and Original Jurisdiction Over State Claim

There’s nothing inherently unique about the substantive issues in Burzlaff v. Thoroughbred Motorsports, Inc., No. 13-2520 (July 10, 2014), a decision released yesterday by the Seventh Circuit. The plaintiff, Ronald Burzlaff, purchased what he alleged was a defective “Stallion” motorized tricycle from Thoroughbred Motorsports and then brought claims against Thoroughbred under the federal Magnuson-Moss Warranty … Continue reading this entry