United States Seventh Circuit

Bankruptcy court order denying the petitioner's former wife's proof of claim for slander of title is affirmed where: 1) petitioner did not commit slander of title by improperly filing a lis pendens notice as even assuming the notice of lis pendens was filed in error, petitioner acted in good faith and there was no showing of malice on his part; and 2) the bankruptcy court properly granted petitioner's motion for turnover as his former wife failed to establish that the bankruptcy court had any obligation to ensure her ability to pay the judgment before granting the turnover motion.

Appellate Information

• Argued 04/07/2009
• Decided 07/20/2009
• Published 07/20/2009

Judges

• RIPPLE, Circuit Judge., Before POSNER, RIPPLE and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Scott Beatty, Henderson, Franklin, Starnes & Holt, Fort Myers, FL, Brett Kepley (argued), Rawles, O'Bryne, Stanko & Kepley, Champaign, IL, for Appellant.


• For Appellees:
  
• Joseph W. Phebus, William R. Graham, Jr. (argued), Phebus & Koester, Urbana, IL, for Debtor-Appellee.