Bankruptcy – Safe Harbor
Section 546(e) Safe Harbor provision in the Bankruptcy Code does not protect transfers made through financial institutions where the entity is only a conduit and not a debtor or transferee.
Deprivation of Rights
Appellant requirement to sit in squad car on hot day for 30 minutes did not cause him to admit that gun found in car, of which the appellant was a passenger, was his.
Breach of Contract – Disability Benefits
Contract provision misinterpreted to include temporal element by court without any language on its face lending support o such a interpretation.
Disability Benefits – Court Error
Court erred in interpreting insurance policy and made factual findings unsupported by evidence on the record.
Search Warrant – Sufficiency of Evidence – Sentencing Guidelines
Sufficient evidence existed to find probable cause for search warrant; Court lacked sufficient evidence to tie appellant to cocaine package at any time for several other counts.
Sufficiency of Evidence
Overwhelming evidence supports appellant conviction; judge modifies condition of supervised release despite pending appellate case and appellant sentence is vacated.
Bankruptcy – Fraudulent Transfer
Transfer of debtor assets prior to filing for bankruptcy constitutes fraudulent transfer.
Fundamental Defects
Appellants fail to serve third-party with complaint and has case properly dismissed due to fundamental defects.
Social Security Disability Benefits
ALJ improperly rejected clinical findings and erred in denying appellant benefits.
Weekly Case Digests — July 22-29, 2016
7th Circuit Court of Appeals Digests 7th Circuit Court of Appeals Case Name: Thomas Wilson et at v. Warren County, Illinois et al Case No.: 15-1939 Officials: BAUER and WILLIAMS, Circuit Judges, and ADELMAN, District Judge Focus: FHA Appellant fails to state a claim upon which relief can be granted in FHA claim related to […]
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