United States Seventh Circuit

In an appeal arising from an adversary complaint in bankruptcy proceedings alleging that a loan to debtor was not dischargeable in bankruptcy, summary judgment for the debtor is affirmed where: 1) the lower courts correctly determined that plaintiff failed to carry its burden of proof with regard to the alleged material falsity of a list of accounts receivable, which had been used in securing the loan at issue; and 2) there was no error in a conclusion that plaintiff failed to supply evidence that the debtor had an intent to deceive.

Appellate Information

• Argued 02/12/2007
• Decided 11/09/2007
• Published 11/09/2007

Judges

• ROVNER, Circuit Judge., Before KANNE, ROVNER and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Mark Leipold (argued), Gould & Ratner, Chicago, IL, for Appellant.


• For Appellees:
  
• Lester A. Ottenheimer, III, Marcia G. Cotler (argued), Ottenheimer, Teplinsky, Rosenbloom, Buffalo Grove, IL, for Debtor-Appellee.